Unit 3

Congress

A convention of delegates from twelve of the thirteen colonies (not the Province of Georgia) that met on September 5, 1774 at Carpenter's Hall in Philadelphia, Pennsylvania as a response to the Coercive (Intolerable Acts). The First Continental Congress was significant because the boycotts were successful (non exportation of goods to Britian, West Indies nonimportation of British goods). Also, the Second Continental Congress was a result. Soon after warfare of the American Revolutionary War begun, a convention of delegates from the Thirteen colonies met at Philadelphia, Pennsylvania starting on May 10, 1775. The congress raised armies, directed strategies, appointed diplomats, and made formal treaties. This was important because the Second Continental Congress adopted the Declaration of Independence.

Founding Fathers

America's Founding Fathers—Thomas Jefferson, Benjamin Franklin, George Washington, Alexander Hamilton, John Adams, James Madison, and the like—created a republican system of government that was, for its time, truly unique. This government reflected the political philosophies of the eighteenth-century Enlightenment. The U.S. Constitution brought together, in one remarkable document, ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence. Those who made significant intellectual contributions to the Constitution are called the "Founding Fathers" of our country. They believed it was necessary to write the constitution in order to strengthen and further define the government as put forth in the Articles of Confederation. Founding Fathers are responsible for the successful war for colonial independence from Great Britain, the liberal ideas celebrated in the Declaration of Independence, and the republican form of government defined in the United States Constitution. They wanted to give people a say in their government through representatives they knew and elected. The founding fathers wanted the People, us, to make the laws - not the Government.

Constitutional Convention

Constitutional Convention and Ratification, 1787-1789. The Constitutional Convention in Philadelphia met between May and September of 1787 to address the problems of the weak central government that existed under the Articles of Confederation. The official purpose of the Constitutional Convention that met in Philadelphia beginning on May 25, 1787 was to amend the Articles of Confederation. It had, by that time, become clear that the Articles of Confederation were not a good enough constitution for the new nation. The point of the event was decide how America was going to be governed.Although the Convention had been officially called to revise the existing Articles of Confederation, many delegates had much bigger plans. They address the problems of the weak central government that existed under the Articles of Confederation.

Alexander Hamilton

He was a great political leader and youngest and brightest of the Federalists. He was known as the "father of the National Debt." Hailing from New York, he became a major general and was a military genius. He became Secretary of the Treasury under George Washington in 1789 and established a plan for the economy that went into affect in 1790 including a (1) tariff that passed in 1789, (2) a plan to take care of the national debt which included (a) funding the debt at face value or "funding at par," and (b) the assumption of state debts by the federal government, (3) an excise tax on whiskey in 1791, and (4) a plan for a National Bank which was approved in 1791. His ideas founded the Federalist Party which opposed Jefferson's Republicans. Congress, because of Hamilton's influence, issued the call for a convention "for the sole and express purpose of revising" the Articles of Confederation. Hamilton was present as an advocate of super-powerful central government.

John Marshall

John Marshall became the fourth chief justice of the U.S. Supreme Court in 1801. He is largely responsible for establishing the Supreme Court's role in federal government. John James Marshall (September 24, 1755 - July 6, 1835) was an American politician and the fourth Chief Justice of the United States from 1801 to 1835. ... Thus Marshall cemented the position of the American judiciary as an independent, co-equal, and influential branch of government. Marbury v. Madison (1803) was the first important case before Marshall's Court. In that case, the Supreme Court invalidated a provision of the Judiciary Act of 1789 on the grounds that it violated the Constitution by attempting to expand the original jurisdiction of the Supreme Court. Appointed by John Adams (1801) as Chief Justice of the Supreme Court- was a Virginia Federalist who was disliked by the state's rights Jeffersonians. (Served 30 days under Federalist administration and 34 years under the Jeffersonians and their successors) The Federalists died out but Marshall continued to hand down Federalist decisions. IMPORTANT ACT- Although he dismissed the Marbury suit ( 1801) to avoid direct political showdown, he said that part of the Judiciary Act of 1789, on which Marbury tried to base his appeal was unconstitutional.

Judicial Review

John Marshall of the Supreme Court, proposed judicial review, which gave the Supreme Court the power to decide if a law is or is not constitutional. Judicial review was accepted as a result of the famous case of Marbury vs. Madison, and John Marshall succeeded in giving increased power to the Supreme Court. Jefferson tried to give the rights to the states in the Kentucky resolutions, but his cousin, John Marshall of the Supreme Court, proposed which gave the Supreme Court the power to decide if a law is or is not constitutional. accepted as a result of the famous case of Marbury v. Madison

Ordinances of 1785-1787

Land Ordinance 0f 1785 was a red-letter law which stated that the disputed land of the Old Northwest (today's Midwest) was to be equally divided into townships (6 miles by 6 miles) and sold for federal income. It also promoted education (by reserving section #16 for schools) and ended confusing legal disagreements over land. Northwest Ordinance answered the question, "How will new states be made?" It said that sections of land were similar to colonies for a while, and under the control of the Federal Government. Once a territory was inhabited by 60,000 people, then Congress would review its constitution and admit it as a state. Slavery was prohibited in the Northwest Territories. This plan worked so well it became the model for other frontier areas. The Northwest Ordinance of 1787, the most important of the three acts, laid the basis for the government of the Northwest Territory and for the admission of its constituent parts as states into the union. The Northwest Ordinance was an important law because it established the pattern by which the rest of the West would be settled. All other territories would have to go through the same process of becoming a state. The Northwest Ordinance made sure that the settlement of the West was orderly.

Bank of the United States

Proposed by Alexander Hamilton as the basis of his economic plan. He proposed a powerful private institution, in which the government was the major stockholder. This would be a way to collect and amass the various taxes collected. It would also provide a strong and stable national currency. Jefferson vehemently opposed the bank; he thought it was un-constitutional. nevertheless, it was created. This issue brought about the issue of implied powers. It also helped start political parties, this being one of the major issues of the day.

Shay's Rebellion

Shays's Rebellion was a rebellion among farmers in Massachusetts that began in 1786. A rebellion led by Captain Daniel Shays, Revolutionary War veteran. It was an uprising that flared up in western Massachusetts. Impoverished backcountry farmers, many of them Revolutionary War veterans, were losing their farms through mortgage foreclosures and tax delinquencies. They demanded cheap paper money, lighter taxes, and a suspension of mortgage foreclosures. Hundreds of angry agitators attempted to enforce these demands. Massachusetts authorities, supported by wealthy citizens, raised a small army under General Lincoln. The movement was smashed and Shays was condemned to death then later pardoned. The importance of the rebellion was that it struck fear in the hearts of the propertied class. The rebellion exposed the need for a stronger central government and helped launch the Constitutional Convention. The rebellion is important because it is seen as one of the major factors that led to the writing of the new Constitution. When the United States first became independent, its constitution was called the Articles of Confederation.

Marbury v. Madison

The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court's power of judicial review over acts of Congress, (the Judiciary Act of 1789). Revolving around the "Midnight Judges" that John Adams tried to have approved before his Presidential term ended in 1801, this case is more important for the titanic precedent set by John Marshall then by the actual outcome of the decision. In his ruling, Marshall (the most important Supreme Court judge in American history) declared that this heretofore "inferior" third branch of government had "judicial review", or the power to determine if a law was constitutional or not. This court case elevated the judicial branch to equal footing with the executive and legislative branches. Marbury v. Madison is important because this was the case in which the Supreme Court of the United States declared that it had the power of judicial review. The Constitution says that it is the supreme law of the land.

Washington's Farewell Address

The Farewell Address was made by George Washington in 1796, when he retired from office. It wasn't given orally, but was printed in newspapers. He stressed that we should stay away from permanent alliances with foreign countries. He also warned against the growing formation of political parties. The document was rejected by the Jeffersonians, who favored the alliance with France. Washington urged Americans to avoid excessive political party spirit and geographical distinctions. In foreign affairs, he warned against long-term alliances with other nations.

Articles of Confederation

The Articles were the first "constitution" governing the Untied States after the revolution. It was ratified in 1781 and provided for a "firm league of friendship." The legislative branch (Congress) had no power to regulate commerce or forcibly collect taxes and there was no national executive or judicial branch. Despite its weaknesses, it was an important stepping-stone towards the present Constitution because without it the states would never have consented to the Constitution. The Articles of Confederation served as the written document that established the functions of the national government of the United States after it declared independence from Great Britain.

Judiciary Act of 1789

The Judiciary Act of 1789 organized the Supreme Court, originally with five justices and a chief justice, along with several federal district and circuit courts. It also created the Attorney General's office. This act created the judicial branch of the U.S. government and thus helped to shape the future of this country. One of the first acts of the new Congress was to establish a federal court system in the Judiciary Act of 1789. The Constitution provided that the judicial branch should be composed of one Supreme Court and such inferior courts as Congress from time to time established.

Kentucky and Virginia Resolution

The Virginia and Kentucky Resolutions were put into practice in 1798 by Jefferson and James Madison. These resolutions were secretly made to get the rights back that were taken away by the Alien and Sedition Acts. These laws took away freedom of speech and press which were guaranteed by the Bill of Rights. These resolutions also brought about the later compact theory, or states' rights theory, which gave the states more power than the federal government. The Kentucky and Virginia Resolutions (or Resolves) were political statements drafted in 1798 and 1799, in which the Kentucky and Virginia legislatures took the position that the federal Alien and Sedition Acts were unconstitutional. Asserted that states had the power to nullify unconstitutional federal laws.

Bill of Rights

The first ten amendments of the Constitution are the Bill of Rights. It was added in 1791 when it was adopted by the necessary number of states. Notably, several states would not ratify the Constitution until a Bill of Rights was promised. The Bill of Rights guarantees such civil liberties as freedom of speech, free press, and freedom of religion. It was written by James Madison. Federalists argued that the Constitution did not need a bill of rights, because the people and the states kept any powers not given to the federal government. Anti-Federalists held that a bill of rights was necessary to safeguard individual liberty. It protects five of the most basic liberties. The bill of rights serves to protect citizens from excess government power. It achieves this by ensuring there is separation of powers between different government branches, the judicial, executive, and the legislative.

Pinckney Treaty

This 1795 treaty gave America what they demanded from the Spanish, namely free navigation of the Mississippi (AKA "the right of deposit"), and a large area of north Florida. This was an unexpected diplomatic success since it was the Jay Treaty that helped prompt the Spanish to deal out the Pinckney Treaty. The treaty was an important diplomatic success for the United States. the Pinckney Treaty of 1795 with Spain gave Americans free navigation of the Mississippi and the large disputed territory north of Florida.

Alien and Sedition Laws

These were 1798 laws that contained four parts: 1. Raised the residence requirement for American citizenship from 5 to 14 years. 2. Alien Act - gave the president the power in peacetime to order any alien out of the country. 3. Alien Enemies Act - permitted the president in wartime to jail aliens when he wanted to. 4. The Sedition Act - the key clause provided fines and jail penalties for anyone guilty of sedition. It was to remain in effect until the next presidential inauguration. The Sedition Act's purpose was to silence Republican opposition to Adams' administration. Many people, mostly newspaper publishers, were fined and jailed under the Sedition Act. Jefferson and Madison believed the acts were violations of the First Amendment. It expired March 1801. They made it harder for an immigrant to become a citizen allowed the president to imprison and deport non-citizens who were deemed dangerous or who were from a hostile nation and criminalized making false statements

Federalist Papers

They believed in advocating a strong federal government and fought for the adoption of the United States Constitution in 1787-1788. These were a series of articles written in New York newspapers as a source of propaganda for a stronger central government. The articles, written by Alexander Hamilton, John Jay, and James Madison, were a way for the writers to express their belief that it is better to have a stronger central government. The papers turned out to be a penetrating commentary written on the Constitution. Most famous of these were Federalist Papers #10 and #54. The main purpose of The Federalist Papers was to explain the newly proposed constitution (we had a first constitution called The Articles of Confederation) to the people of New York in the hopes of encouraging them to ratify the new constitution in the upcoming ratifying convention.

Jay Treaty

This was a 1794 a treaty that offered little concessions from Britain to the U.S. and greatly disturbed the Jeffersonians. Jay was able to get Britain to say they would evacuate the chain of posts on U.S. soil and pay damages for recent seizures of American ships. The British, however, would not promise to leave American ships alone in the future, and they decided that the Americans still owed British merchants for pre-Revolutionary war debts. It said nothing of future impressments. Because of this, many Southerners especially, were angry and rioted and called John Jay the "Damn'd Archtraitor." On November 19, 1794 representatives of the United States and Great Britain signed Jay's Treaty, which sought to settle outstanding issues between the two countries that had been left unresolved since American independence.

Whiskey Rebellion

This was a small rebellion that began in southwestern Pennsylvania in 1794 that was a challenge to the national government's unjust use of an excise tax on an "economic medium of exchange." Washington crushed the rebellion with excessive force, proving the strength of the national government's power in its military, but was condemned for using a "sledgehammer to crush a gnat." The lesson learned was that this government, unlike the Articles of Confederation, was strong. Whiskey Rebellion, (1794), in American history, uprising that afforded the new U.S. government its first opportunity to establish federal authority by military means within state boundaries, as officials moved into western Pennsylvania to quell an uprising of settlers rebelling against the liquor tax.

Neutrality Proclamation of 1793

This was issued by George Washington and established an isolationist policy in the French Revolution. It proclaimed the government's official neutrality in widening European conflicts and also warned American citizens about intervening on either side of conflict. The Proclamation of Neutrality was a formal announcement issued by U.S. President George Washington on April 22, 1793 that declared the nation neutral in the conflict between France and Great Britain. It threatened legal proceedings against any American providing assistance to any country at war.

Jeffersonian Republicans

This was one of nation's first political parties, led by Thomas Jefferson, and stemming from the Anti-Federalists. It emerged around 1792 and gradually became today's Democratic party. The Jeffersonian Republicans were pro-French, liberal, and mostly made up of the middle class. They favored a weak central government, an America made up of farmers, were more favorable toward the expansion of democracy, and strong states' rights. They believed that a powerful central government posed a threat to individual liberties. Jefferson's faction adopted the name "Democratic Republicans."