UNITED STATES HISTORY UNIT 3 The United States Constitution and the Early Republic

Transcription

1 UNITED STATES HISTORY UNIT 3 The United States Constitution and the Early Republic Name: Date: 1

2 TABLE OF CONTENTS Constitution Scavenger Hunt 3 What comes next? 8 Westward Expansion 9 Compromises at the Constitutional Convention 11 Federalism 14 Key Ideas of the Constitution 15 Civil Rights and John Peter Zenger 16 Bill of Rights 19 Constitution Commercials 20 Hamilton and Jefferson 21 John Adams 23 Washington s Farewell Address 25 Problems in the Early Republic 27 Election of Marbury vs. Madison 29 Louisiana Purchase 31 Natives Encountered 33 Jefferson s Foreign Policy 34 War of Hartford Convention 39 CONSTITUTION SCAVENGER HUNT 2

3 Define: Constitution: Sovereignty: Habeas Corpus: Republic: Elastic Clause: Bicameral: Directions: Use your copy of the US Constitution to answer the following questions: Article I- Branch 1. How often are representatives elected? 2. What are the 3 requirements listed for House members? 3. Who is the presiding officer of the House? 4. The House has the sole power of. 5. How long is the term for a Senator? 6. How were Senators originally chosen? Which amendment changed that? 7. What are the 3 requirements listed for members of the Senate? 8. Who is the president of the Senate and when may that person vote? 9. Which legislative body has the power to try an impeached official? 10. Who shall officiate when the President is tried for impeachment? 11. What is the required vote that is necessary to convict someone who has been impeached? 12. What is the only penalty that can be imposed on someone who is impeached? 3

4 13. Who decides the times, places, and manner for holding elections for Congress? 14. Congressmen are protected from arrest while in session, except under what three conditions? 15. In what federal body do all bills concerning taxes/revenue originate? 16. What fraction of both houses must vote to override a veto? 17. What happens when a president does not return a bill in 10 days and what is the exception to that rule? 18. In Section 8, the Constitution list or enumerates the powers of Congress. List 6 of them. 19. In Section 8, which clause gives Congress the most general, non-specific powers? Why has this clause been nicknamed the elastic clause? 21. In Section 9, clause 2-3, there are three limitations on the power of Congress to deny the people rights. What are those three limitations? (define each of these as well look up in index if necessary) 22. When may the writ of habeas corpus be suspended?. 23. Name three limits on the powers of the states. (section10) Article II- Branch 24. How old does someone have to be to be elected President? 25. How are the number of electors each states gets determined? 4

5 26. What are the requirements for President and Vice President? 27. What is the oath that the President must say upon entering the position? 28. Name 3 Powers of the President. 29. Name the body of Congress that must approve a treaty that the President has negotiated and the fraction of the vote they must approve it by. 30. Which body of Congress approves nominations, in other words advices and consents? 31. What must the President do from time to time? 32. What can a President or other officers be impeached for? Article III - Branch 33. What is the term of office for Supreme Court justices? When can they be removed? 34. Who gets to decide how many federal courts we have? 35. In which cases does the Supreme Court have original jurisdiction? 36. What must be necessary to convict someone of treason? 37. What is the topic of Article IV? 38. What does the Constitution say about how one state must regard the laws of another state? 39. Explain Privileges and Immunities. 40. What limitation is put on admitting new states to the Union? 5

6 Article V 41. What fraction of the houses of Congress is necessary to approve a proposed Amendment? 42. What fraction of states must approve a proposed amendment for it to be ratified? 43. What fraction of the states can ask for a convention to propose new amendments? 44. What is the only limitation in the Constitution as to what can be the basis of an amendment? Article VI 45. What does the Constitution say about which law shall predominate if there in any conflict between laws? 46. What qualification for holding any public office is forbidden? Article VII 47. How many states had to ratify the Constitution for it to become law? Amendments 48. Name the five basic civil liberties guaranteed in the First Amendment. 49. Which amendment extended the vote to 18-year-olds? 50. Which amendment outlaws cruel and unusual punishments? 51. Which amendment ended slavery? 52. Put the NINTH Amendment in your own words. 53. Put the TENTH Amendment in your own words. 54. Which Amendment prevents a citizen of North Carolina suing the state of Georgia? 55. Which amendment said that states could not prevent people from voting based on their race? 56. Which amendment said that a person could not be tried twice for the same crime? 57. When can the government take private property and what must government give the owners? Which Amendment established this? 6

7 58. What phrase is repeated both in the Fifth and Fourteenth Amendments? Explain what this phrase means. 59. Which amendment defined citizenship? 60. List the rights that the accused has when suspected of a crime. 61. Which amendment prohibited alcohol? Which amendment repealed its prohibition? 62. Which amendment gave women the right to vote and in what year was it passed? 63. Which amendment decided that a person could only be president for 2 terms? 64. On what day does the Constitution state that a new president shall be inaugurated? Which amendment establishes this? When must the new Congress meet? 65. Which amendment separated the vote for President and Vice President in the Electoral College? In that same amendment, who should choose the president if no one get a majority in the Electoral College? And the vice president? 66. Which amendment requires a warrant to search someone s property? 67. Which amendment gave government the power to impose an income tax? 68. Which Amendment establishes what to do if the president is incapacitated and can t perform his duties? 69. List and briefly explain all the Amendment that expanded voting rights: 7

8 WHAT COMES NEXT? Watch this clip and answer the following questions: 1. What are some of the challenges that King George predicts for the new nation? 2. What attitude does King George have toward the new American republic? A few simple steps to building an independent nation STEP 1: Win a War for independence STEP 2: Write a Constitution What happened here? STEP 2.5: Write a better Constitution New Jersey Plan Virginia Plan STEP 3: Ratify the Constitution Federalists Anti-federalists Bill of Rights: STEP 4: Interpret and enforce the Constitution According to Chief Justice Sonia Sotomayor, is the Constitution a living document? Do you think that the Constitution should be a living document? 8

9 WHAT EVEN IS AMERICA? Go West, Young Colonist! Congratulations! You have been appointed as the official advertiser for the Northwest Territory. The country s economy is in the dumps and they need YOU to convince people in the thirteen colonies to expand west and settle in the Northwest Territory. Thankfully, the government created the Land Ordinance of 1875 and the Northwest Ordinance of 1787 to organize how this land will be settled. Your job is to create an advertisement explaining westward settlement and persuading people to move into this region. Be sure to include facts from today s lesson. 9

10 Land Ordinance of 1785 In the Land Ordinance of 1785, government surveyors divided the territory into individual townships. Each township was to be square. Each side of the square was to be six miles in length, and the completed square would include a total of thirty-six square miles of territory. The township would then be divided into one-square mile sections, with each section encompassing 640 acres. Each section received its own number. Section 16 was set aside for a public school. The federal government reserved sections eight, eleven, twenty-six, and twenty-nine to provide veterans of the American Revolution with land bounties for their service during the war. The government would sell the remaining sections at public auction. The minimum bid was 640 dollars per section or one dollar for each acre of land in each section. Northwest Ordinance of 1787 The Northwest Ordinance, adopted July 13, 1787, by the Second Continental Congress, chartered a government for the Northwest Territory, provided a method for admitting new states to the Union from the territory, and listed a bill of rights guaranteed in the territory. Following the principles outlined by Thomas Jefferson in the Ordinance of 1784, the authors of the Northwest Ordinance (probably Nathan Dane and Rufus King) spelled out a plan that was subsequently used as the country expanded to the Pacific. The following three principal provisions were ordained in the document: (1) a division of the Northwest Territory into "not less than three nor more than five States"; (2) a three-stage method for admitting a new state to the Union with a congressionally appointed governor, secretary, and three judges to rule in the first phase; an elected assembly and one nonvoting delegate to Congress to be elected in the second phase, when the population of the territory reached "five thousand free male inhabitants of full age"; and a state constitution to be drafted and membership to the Union to be requested in the third phase when the population reached 60,000; and (3) a bill of rights protecting religious freedom, the right to a writ of habeas corpus, the benefit of trial by jury, and other individual rights. In addition the ordinance encouraged education and forbade slavery. *Lands distributed by the Northwest Ordinance would become the future states of Ohio (1803), Indiana (1816), Illinois (1818), Michigan (1837), Wisconsin (1848), and Minnesota (1851). Ideas for Advertisement: 10

11 COMPROMISES AT THE CONSTITUTIONAL CONVENTION Dear Fellow Delegates, Welcome to Independence Hall in the city of Philadelphia! As you know, you have been selected as a delegate to represent your home state during these proceedings. Our purpose is to discuss the defects found in our current government under the Articles of Confederation. Your input is not only desired, but necessary so that we can guarantee "life, liberty, and the pursuit of happiness" to all Americans. I ask you to remember that whatever is said in these meetings is to be held in the strictest of confidence. Again, welcome to Philadelphia and thank you for helping to secure the best possible government for our country. Sincerely, James Madison What state do you represent? 1790 Total Population: 1790 Slave Population: 1. Is your state considered a large or small state? Explain how you came to this determination. (Hint: States with populations over 250,000 were considered large states.) 2. As a delegate from your state, do you prefer the Virginia Plan or the New Jersey Plan? 3. Why do you prefer this plan? 4. How should the US Constitution address the issue of slavery? Should slaves be counted for representation? 5. How does your state feel about the issue of representation in Congress? Why? 1790 United States Census Data 11

12 State Total Population Slave Population Percentage enslaved Connecticut 237,946 2,764 1% Delaware 59,096 8,887 15% Georgia 82,548 29, % Maryland 319, ,036 32% Massachusetts 378, % New Hampshire 141, % New Jersey 184,139 11,423 6% New York 340,120 21,324 6% North Carolina 393, , % Pennsylvania 434,373 3, % Rhode Island 68, % South Carolina 249, ,094 43% Virginia 691, ,627 42% Source: Center for Civic Education, We the People. CA: Center for Civic Education, Constitutional Convention Simulation New Hampshire New York Prefers the Virginia Plan Prefers the New Jersey Plan Slave State Prefers that slaves be counted in population Massachusetts Maryland North Carolina South Carolina Pennsylvania New Jersey Delaware Virginia Georgia Connecticut Reflect 12

13 1. How would you summarize the feelings of the various states (as seen in the classroom simulation) regarding their feelings toward the Virginia and New Jersey Plans? 2. In the classroom simulation, how would you describe the states' feelings about slavery? Were the states divided? Why? 3. At the Constitutional Convention, how did the slave compromises attempt to settle the different opinions regarding slavery? 4. During the classroom simulation, how did the states feel about representation in Congress? Was there a noticeable difference on this issue between northern and southern states? Large and small states? 5. At the Constitutional Convention, how did the Great Compromise (Connecticut Compromise) settle differences between the states who favored the Virginia Plan and those that favored the New Jersey Plan? 13

14 Rights and Liberties Duties of Congress Central Power FEDERALISM Complete the following diagram while watching this clip. Federalists Anti- Federalists Issue Federalist perspective Anti-federalist perspective Potential resolutions Paper #10 Paper #84 Paper #51 Paper #46 Paper #84 Paper #9 14

15 separation of powers popular sovereignty republicanism limited government federalism checks and balances WRITING THE CONSTITUION Our Constitution serves as the framework of the republic of the United States of America. To help us better understand how it was contrived, each group will learn more about one of six key principles contained in the Constitution and share what they have found with us. In your presentation, you and your group will: define your principle and its importance to the Constitution find evidence of your principle in the constitution itself write out and annotate excerpts from the constitution that illustrate your principle on sheets of paper for the class to see Once you have defined your principle together, each group member will take on one of the following roles to search the constitution for your principle: Article 1: The Legislative Branch (fastest reader) Article 2: The Executive Branch Article 3: The Judicial Branch Articles 4-6: Enforcing the Constitution Define Why was this principle important to our founding fathers? Where is this principle evident in the constitution? 15

16 PROTECTING CIVIL RIGHTS AND LIBERTIES Watch this clip, then answer the questions that follow: Why is it so difficult for a government to protect civil liberties? In your opinion, whose responsibility is it to protect our civil liberties? What are civil liberties? Over 50 years prior to the Constitutional Convention, American colonists faced the challenge of defining civil rights and liberties during the trial of German printer John Peter Zenger: The trial of a German printer named John Peter Zenger in August 1735 helped establish one of our most cherished constitutional rights: freedom of the press. On August 5, 1735, twelve New York jurors acquitted Zenger of seditious libel. He had been arrested and charged with seditious libel for printing statements in the New York Weekly Journal that were critical of colonial Governor William Cosby s arbitrary rule. Zenger s defense lawyer argued that Zenger was not guilty of libel because the statements against Cosby were true. However, under English law, the mere fact that a printer published statements that were critical of the government constituted seditious libel, regardless of their veracity. Therefore, the trial judge, who had been hand picked by Governor Cosby in the first place, instructed the jury to return a verdict of guilty because Zenger had admitted to printing the statements. However, Zenger s brilliant defense lawyer, Andrew Hamilton, asked the jury to consider whether or not the statements were true before they rendered a verdict of guilty. Hamilton admitted that Zenger had published the critical statements, but he argued that as long as the statements were true, they should not be considered libelous. ( Truth should govern the whole affair of libels ). The jury unanimously ignored the judge s instructions and returned a verdict of not guilty. This verdict established truth as a defense against libel in New York, departing from English law. The Zenger trial was not only a landmark victory for freedom of the press, but it also set a precedent for jury nullification of laws that were perceived to be unjust. Order for the Public Burning of Zenger s Journals Order of Governor William Cosby on October 22, 1734 Whereas by an order of this Council some of John Peter Zenger s journals, entitled The New York Weekly Journal, Nos. 7, 47, 48, 49, were ordered to be burned by the hands of the common hangman.... near the pillory in this city on Wednesday the 6th between the hours of 11 and 12 in the forenoon, [morning ] as containing in them many things tending to sedition... to bring His Majesty s government into contempt, and to disturb the peace thereof, and containing in them likewise not only reflections upon His Excellency the Governor in particular, and the legislature in general, but also upon the most considerable persons in the most distinguished stations in this Province; It is therefore ordered that the mayor and magistrates... of this city do attend at the burning of the several papers or journals aforesaid, numbered as above mentioned. Bench Warrant for Arrest of John Peter Zenger At a Council held at Fort George in New York, November 2, Present: His Excellency William Cosby, Captain General and Governor in Chief, Mr. Clarke, Mr. Harison, Mr. Livingston, Mr. Kennedy, the Chief Justice [De Lancey], Mr. Cortland, Mr. Lane, Mr. Horsmanden. It is ordered that the sheriff for the City of New York do forthwith take and apprehend John Peter Zenger for printing and publishing several seditious libels dispersed throughout his journals or newspapers, entitled The New York Weekly Journal; as having in them many things tending to raise factions and tumults among the people of his Province, inflaming their minds with contempt of His Majesty s government, and greatly disturbing the peace thereof. An upon his taking the said John Peter Zenger, to commit him to the prison or common jail of the said city and county. Hamilton s Summation Hamilton s lengthy summation to the jury still stands as an eloquent defense of a free press: 16

17 It is natural, it is a privilege, I will go farther, it is a right, which all free men claim, that they are entitled to complain when they are hurt. They have a right publicly to remonstrate [protest] against the abuses of power in the strongest terms, to put their neighbors upon their guard against the craft or open violence of men in authority, and to assert with courage the sense they have of the blessings of liberty, the value they put upon it, and their resolution at all hazards to preserve it as one of the greatest blessings heaven can bestow.... The loss of liberty, to a generous mind, is worse than death. And yet we know that there have been those in all ages who for the sake of preferment, or some imaginary honor, have freely lent a helping hand to oppress, nay to destroy, their country.... This is what every man who values freedom ought to consider. He should act by judgment and not by affection or self-interest; for where those prevail, no ties of either country or kindred are regarded; as upon the other hand, the man who loves his country prefers its liberty to all other considerations, well knowing that without liberty life is a misery.... Power may justly be compared to a great river. While kept within its due bounds it is both beautiful and useful. But when it overflows its banks, it is then too impetuous to be stemmed; it bears down all before it, and brings destruction and desolation wherever it comes. If, then, this is the nature of power, let us at least do our duty, and like wise men who value freedom use our utmost care to support liberty, the only bulwark against lawless power, which in all ages has sacrificed to its wild lust and boundless ambition the blood of the best men that ever lived.... Reflect Why do you think New York officials sought to arrest John Peter Zenger and Burn his work? Would the acts taken by New York officials against John Peter Zenger ever be justified today? Explain. How did Hamilton defend John Peter Zenger s actions? Do you agree with this defense? Why or why not? Do you think that we could have a democratic republic without the first amendment? Why or why not? 17

18 Arrest for Critique of Government Termination of Employment Online Post Deletion Social Media Account Cancellation Standing for the Anthem Recording of the Police Cancellation of Speakers For each of the following categories provide an example of an act/action that would not be protected by the first amendment and an act/action that would be protected by the first amendment: Acts/actions that would not be protected Acts/actions that would be protected 18

19 BILL OF RIGHTS (AMENDMENTS 1-10) AMENDMENTS Which parts of the constitution do each of the following amendments address: 15: 19: 22: 26: 17: 13: 14: 22: 19

20 CONSTITUTION COMMERCIALS THE GREAT EXPERIMENT While Americans were strongly divided over the merits and ratification of the new United States Constitution in the late 1780s, the genius of that document has become apparent over time as it has endured, grown, and changed to meet the needs, attitudes, and challenges that our nation has faced since that time. This great experiment has proven to be remarkably successful, and while many countries in the world today are democratic and share in these values, it was the United States that first made Enlightenment ideals practical by creating a system of government by the people and for the people. Yet, despite this great democratic success, there are many areas of the world that remain rooted in authoritarian, non-democratic values, and the past 100 years has been a period marked by a debate over the extent to which America should fight to make the world safe for democracy and to promote democratic values and ideals in other areas of the world. TASK Create a commercial or infomercial to encourage another nation to adopt this document as their framework for governance. In your commercial, you must: List 3 appealing aspects of your constitution Explain how each aspect can improve the lives of people in non-democratic nations List steps that undemocratic nations can take to instate the U.S. Constitution as their own Commercials must be at least 2 minutes long and incorporate music ROLES Each of you will play a specific part in the production of this commercial: Marketer: Brings the flash and edits the video Observer: Identifies attractive features of the Constitution Peddler: Explains how the U.S. can improve the lives of those who adopt it Activist: Develops a step-by-step guide for adopting the U.S. Constitution RUBRIC Each member of your group will receive the same grade for your finished product, determine using the rubric below. This will count as a 50-point assessment grade for the second quarter. Topic Requirements Score Product Content Creativity All required elements were addressed in the video. Video is complete and on time. Historical evidence is used to sell the Constitution. All historical evidence is accurate. Historical evidence is used to explain the process of implementing a constitution. All historical evidence is accurate. Group makes use of humor, sarcasm, and/or dramatization to sell the U.S. Constitution to non-democratic nations. Scrip is well-planned and the video is entertaining as a result /10 /10 /10 /10 /10 DUE DATE: DECEMBER 3, 2017 PLEASE SEND OR SHARE VIDEOS BEFORE CLASS ON THE DUE DATE Katie.dineen@princetonk12.org (outlook) OR katiedineen@pps.princetonk12.org (gmail) 20

21 HAMILTONIAN AND JEFFERSONIAN DEMOCRACY Complete the following questions while listening to Hamilton Raps: Why did Hamilton propose a national bank? Pro-Bank (Hamilton) Con-Bank (Jefferson) Why does Jefferson favor the French in their war with the British? Pro-England/ Neutrality (Hamilton) Pro-France (Jefferson) Who proposed a ban on the slave trade? Why was this problematic? End slavery now (Hamilton) Wait to end slavery (Jefferson) Use the quotes you receive to complete the diagram below: 21

22 Hamilton Jefferson Do you think that the constitution should be loosely constructed, as Hamilton believes, or strictly constructed, like Adams believes? Is Hamilton s Plan Constitutional? Using you constitution, look at Article 1, section 8 to answer the following questions: 1. What are some examples of enumerated powers? 2. Why does the government have enumerated powers? 3. Define the necessary and proper clause in your own words. 4. Why do you think the Founding Fathers included the necessary and proper clause in the Constitution? 5. Do you think that the necessary and proper clause can render Hamilton s economic plan constitutional? Why or why not? Now, make a decision! Plan is Constitutional Plan is Unconstitutional JOHN ADAMS 22

23 How does the electoral college affect our say in presidential elections? Do you agree with this process? Why do you think the process for electing a vice president was changed?? Watch the following clip to answer the questions below: 1. What did Adams ideas about the president s title reveal about his impression of the office? (0:00) 2. What was Adams impression of the vice presidency? (14:15) 3. How did Washington's treatment of Adams change throughout his presidency? (23:45) 23

24 4. What does Washington mean by the perpetual European conflict? 5. How did France s Revolution and war with England affect American politics? (30:00) 6. Why does Jefferson offer his resignation as Secretary of State? 7. Why were Congressmen upset about Jay s Treaty? (43:35) 8. According to this episode, why did Washington leave the presidency? 9. What is meant by the electors being encouraged to show support for Thomas Pinckney? What is Hamilton doing when he intrigues against Adams? 10. How was Adams' ideas as Vice President similar and/or dissimilar to this quote by him in 1772? "Trust no man living with power to endanger the public liberty." Meet John! Match.com Hobbies: Interests: Goals/Aspirations: 24

25 WASHINGTON S FAREWELL ADDRESS Read and ANNOTATE the Address Friends and Fellow Citizens: The period for a new election of a citizen to administer the executive government of the United States being not far distant, and the time actually arrived when your thoughts must be employed in designating the person who is to be clothed with that important trust, it appears to me proper, especially as it may conduce to a more distinct expression of the public voice, that I should now apprise you of the resolution I have formed, to decline being considered among the number of those out of whom a choice is to be made The unity of government which constitutes you one people is also now dear to you. It is justly so, for it is a main pillar in the edifice of your real independence, the support of your tranquility at home, your peace abroad; of your safety; of your prosperity; of that very liberty which you so highly prize. But as it is easy to foresee that, from different causes and from different quarters, much pains will be taken, many artifices employed to weaken in your minds the conviction of this truth; as this is the point in your political fortress against which the batteries of internal and external enemies will be most constantly and actively (though often covertly and insidiously) directed, it is of infinite moment that you should properly estimate the immense value of your national union to your collective and individual happiness; that you should cherish a cordial, habitual, and immovable attachment to it; accustoming yourselves to think and speak of it as of the palladium of your political safety and prosperity; watching for its preservation with jealous anxiety; discountenancing whatever may suggest even a suspicion that it can in any event be abandoned; and indignantly frowning upon the first dawning of every attempt to alienate any portion of our country from the rest, or to enfeeble the sacred ties which now link together the various parts. It is important, likewise, that the habits of thinking in a free country should inspire caution in those entrusted with its administration, to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism. A just estimate of that love of power, and proneness to abuse it, which 25

26 Preservation of Liberties Political Parties Foreign Policy Balance of Power predominates in the human heart, is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power, by dividing and distributing it into different depositaries, and constituting each the guardian of the public weal against invasions by the others, has been evinced by experiments ancient and modern; some of them in our country and under our own eyes. To preserve them must be as necessary as to institute them. If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. Observe good faith and justice towards all nations; cultivate peace and harmony with all Antipathy in one nation against another disposes each more readily to offer insult and injury, to lay hold of slight causes of umbrage, and to be haughty and intractable, when accidental or trifling occasions of dispute occur... So likewise, a passionate attachment of one nation for another produces a variety of evils. Sympathy for the favorite nation, facilitating the illusion of an imaginary common interest in cases where no real common interest exists Against the insidious wiles of foreign influence (I conjure you to believe me, fellow-citizens) the jealousy of a free people ought to be constantly awake, since history and experience prove that foreign influence is one of the most baneful foes of republican government Our detached and distant situation invites and enables us to pursue a different course. If we remain one people under an efficient government... In offering to you, my countrymen, these counsels of an old and affectionate friend, I dare not hope they will make the strong and lasting impression I could wish; that they will control the usual current of the passions, or prevent our nation from running the course which has hitherto marked the destiny of nations -George Washington, on the 19th of September, 1796 Washington s Message Have we honored this message? KEY ISSUES OF THE EARLY REPUBLIC 26

27 Virginia & Kentucky Resolutions Alien and Sedition Acts XYZ Affair Electoral College of 1796 Jay and Pinckney Treaties Whiskey Rebellion John Adams, a remarkable political philosopher, served as the second President of the United States ( ), after serving as the first Vice President under President George Washington. Learned and thoughtful, John Adams was more remarkable as a political philosopher than as a politician. "People and nations are forged in the fires of adversity," he said, doubtless thinking of his own as well as the American experience. Adams' two terms as Vice President were frustrating experiences for a man of his vigor, intellect, and vanity. He complained to his wife Abigail, "My country has in its wisdom contrived for me the most insignificant office that ever the invention of man contrived or his imagination conceived." When Adams became President, the war between the French and British was causing great difficulties for the United States on the high seas and intense partisanship among contending factions within the Nation. Each of the following developments from either the Washington or Adams administration greatly affected the foreign and domestic role of the president. Task: Each group will create a political cartoon to explain public opinion of the development, describe its significance to the early republic and assess its influence on the power of the federal government in foreign or domestic affairs. Description Impact on Nation Impact on Federal Power 27

28 ELECTION 0F 1800: JEFFERSON VS. ADAMS 28

29 MARBURY V. MADISON (1803) Marbury v. Madison, arguably the most important case in Supreme Court history, was the first U.S. Supreme Court case to apply the principle of "judicial review" -- the power of federal courts to void acts of Congress in conflict with the Constitution. Written in 1803 by Chief Justice John Marshall, the decision played a key role in making the Supreme Court a separate branch of government on par with Congress and the executive. In the election of 1800, the newly organized Democratic-Republican party of Thomas Jefferson defeated the Federalist party of John Adams, creating an atmosphere of political panic for Federalists. In the final days of his presidency, Adams appointed a large number of justices of peace for the District of Columbia whose commissions were approved by the Senate, signed by the president, and affixed with the official seal of the government. The commissions were not delivered, however, and when President Jefferson assumed office March 5, 1801, he ordered James Madison, his Secretary of State, not to deliver them. William Marbury, one of the appointees, then petitioned the Supreme Court for a writ of mandamus, or legal order, compelling Madison to show cause why he should not receive his commission. In resolving the case, Chief Justice Marshall answered three questions. First, did Marbury have a right to the writ for which he petitioned? Second, did the laws of the United States allow the courts to grant Marbury such a writ? Third, if they did, could the Supreme Court issue such a writ? With regard to the first question, Marshall ruled that Marbury had been properly appointed in accordance with procedures established by law, and that he therefore had a right to the writ. Secondly, because Marbury had a legal right to his commission, the law must afford him a remedy. The Chief Justice went on to say that it was the particular responsibility of the courts to protect the rights of individuals -- even against the president. It was in answering the third question -- whether a writ of mandamus issuing from the Supreme Court was the proper remedy -- that Marshall addressed the question of judicial review. The Chief Justice ruled that the Court could not grant the writ because Section 13 of the Judiciary Act of 1789, which granted it the right to do so, was unconstitutional insofar as it extended to cases of original jurisdiction. Original jurisdiction -- the power to bring cases directly to the Supreme Court -- was the only jurisdictional matter dealt with by the Constitution itself. According to Article III, it applied only to cases "affecting ambassadors, other public ministers and consuls" and to cases "in which the state shall be party." By extending the Court's original jurisdiction to include cases like Marbury's, Congress had exceeded it authority. And when an act of Congress is in conflict with the Constitution, it is, Marshall said, the obligation of the Court to uphold the Constitution because, by Article VI, it is the "supreme law of the land." As a result of Marshall's decision Marbury was denied his commission -- which presumably pleased President Jefferson. Jefferson was not pleased with the lecture given him by the Chief Justice, however, nor with Marshall's affirmation of the Court's power to review acts of Congress. For practical strategic reasons, Marshall did not say that the Court was the only interpreter of the Constitution (though he hoped it would be) and he did not say how the Court would enforce its decisions if Congress or the Executive opposed them. But, by his timely assertion of judicial review, the Court began its ascent as an equal branch of government -- an equal in power to the Congress and the president. Throughout its long history, when the Court needed to affirm its legitimacy, it has cited Marshall's opinion in Marbury v. Madison. Summarize Marbury vs. Madison in one sentence What questions needed to be addressed? When In Who The Supreme Court What 2. Why because 3. REFLECT What made the ruling in Marbury vs. Madison so important? 29

30 LANDMARK CASES Landmark cases in American history have established new laws and set new precedents, earning the Supreme Court the nickname legiscourt. Marbury v. Madison (1803) Holding: Established the doctrine of judicial review. In the Judiciary Act of 1789, Congress gave the Supreme Court the authority to issue certain judicial writs. The Constitution did not give the Court this power. Because the Constitution is the Supreme Law of the Land, the Court held that any contradictory congressional Act is without force. The ability of federal courts to declare legislative and executive actions unconstitutional is known as judicial review. Dred Scott v. Sanford (1857) Holding: Black men, slave or free, could not be citizens The case had been brought before the court by Dred Scott, a slave who had lived with his owner in a free state before returning to the slave state of Missouri. Scott argued that his time spent in these locations entitled him to emancipation. In his decision, Chief Justice Roger B. Taney, a staunch supporter of slavery, disagreed: The court found that no black, free or slave, could claim U.S. citizenship, and therefore blacks were unable to petition the court for their freedom. Brown v. Board of Education (1954) Holding: Separate schools are not equal. In Plessy v. Ferguson (1896), the Supreme Court sanctioned segregation by upholding the doctrine of "separate but equal." The National Association for the Advancement of Colored People disagreed with this ruling, challenging the constitutionality of segregation in the Topeka, Kansas, school system. In 1954, the Court reversed its Plessy decision, declaring that "separate schools are inherently unequal." Miranda v. Arizona (1966) Holding: Police must inform suspects of their rights before questioning. After hours of police interrogations, Ernesto Miranda confessed to rape and kidnapping. At trial, he sought to suppress his confession, stating that he was not advised of his rights to counsel and to remain silent. The Supreme Court agreed, holding that police must inform suspects of their rights before questioning. Terry v. Ohio (1968) Holding: Stop and frisks do not violate the Constitution under certain circumstances. Observing Terry and others acting suspiciously in front of a store, a police officer concluded that they might rob it. The officer stopped and frisked the men. A weapon was found on Terry and he was convicted of carrying a concealed weapon. The Supreme Court ruled that this search was reasonable. Tinker v. Des Moines (1969) Holding: Students do not leave their rights at the schoolhouse door. To protest the Vietnam War, Mary Beth Tinker and her brother wore black armbands to school. Fearing a disruption, the administration prohibited wearing such armbands. The Tinkers were removed from school when they failed to comply, but the Court ruled that their actions were protected by the First Amendment. New Jersey v. T.L.O. (1985) Holding: Students have a reduced expectation of privacy in school. A teacher accused T.L.O. of smoking in the bathroom. When she denied the allegation, the principal searched her purse and found cigarettes and marijuana paraphernalia. A family court declared T.L.O. a delinquent. The Supreme Court ruled that her rights were not violated since students have reduced expectations of privacy in school. Roper v. Simmons (2005) Holding: It is cruel and unusual punishment to execute persons for crimes they committed before 18. Matthew Simmons was sentenced to death for the murder of a woman when he was 17 years of age. In the 1988 case Thompson v. Oklahoma, the Supreme Court ruled that executing persons for crimes committed at age 15 or younger constitutes cruel and unusual punishment in violation of the Eighth Amendment. Roper argued that "evolving standards of decency" prevented the execution of an individual for crimes committed before the age of 18. Westward Expansion 30

31 Watch the following clip and answer the questions below: 1. Who bought the Louisiana Territory, and from whom? 2. How much did the Louisiana Territory cost? 3. Why were Lewis and Clark sent west? 4. From which perspective is this story told? How can you tell? 5. How does that point of view limit this video as a historical source? In 1801, Spain signed a secret treaty with France to return Louisiana Territory to France. Reports of the retrocession caused considerable uneasiness in the United States. Since the late 1780s, Americans had been moving westward into the Ohio River and Tennessee River valleys, and these settlers were highly dependent on free access to the Mississippi River and the strategic port of New Orleans. U.S. officials feared that France, resurgent under the leadership of Napoleon Bonaparte ( ), would soon seek to dominate the Mississippi River and access to the Gulf of Mexico. In a letter to U.S. minister to France Robert Livingston ( ), America s third president, Thomas Jefferson ( ), stated, The day that France takes possession of New Orleans we must marry ourselves to the British fleet and nation. France was slow in taking control of Louisiana, but in 1802 Spanish authorities, apparently acting under French orders, revoked a U.S.-Spanish treaty that granted Americans the right to store goods in New Orleans. In response, Jefferson sent future U.S. president James Monroe ( ) to Paris to aid Livingston in the New Orleans purchase talks. In mid-april 1803, shortly before Monroe s arrival, the French asked a surprised Livingston if the United States was interested in purchasing all of Louisiana Territory. It is believed that the failure of France to put down a slave revolution in Haiti, the impending war with Great Britain and probable British naval blockade of France, and financial difficulties may all have prompted Napoleon to offer Louisiana for sale to the United States. Negotiations moved swiftly, and at the end of April the U.S. envoys agreed to pay $11,250,000 and assume claims of American citizens against France in the amount of $3,750,000. In exchange, the United States acquired the vast domain of Louisiana Territory, some 828,000 square miles of land. The treaty was dated April 30 and signed on May 2. In October, the U.S. Senate ratified the purchase, and in December 1803 France transferred authority over the region to the United States. What reasons did Jefferson have for purchasing the Louisiana Territory? 31

32 Tone Subject Purpose Audience Occasion Speaker Excerpts from Jefferson s Message to Congress, January 18, 1803 Gentlemen of the Senate and of the House of Representatives. As the continuence of the Act for establishing trading houses with the Indian tribes will be under the consideration of the legislature at it s present session, I think it is my duty to communicate the views which have guided me in the execution of that act; in order that you may decide on the policy of continuing it, in the present or any other form, or to discontinue it altogether if that shall, on the whole, seem most for the public good. While the extension of the public commerce among the Indian tribes may deprive of that source of profit such as our citizens as are engaged in it, it might be worthy the attention of Congress, in their care of individual as well as of the general interest to point in another the enterprise of these citizens, as frofitably for themselves, and more usefully for the public. The river Missouri, & the Indians inhabiting it, are not as well known as is rendered desirable by their connection with the Missisipi, & consequently with us. It is however understood that the country on that river is inhabited by numerous tribes, who furnish great supplies of furs & peltry to the trade of another nation carried on in a high latitude, through an infinite number of portages and lakes, shut up by ice through a long season. The commerce on that line could bear no competition with that of the Missouri, traversing a moderate climate, offering according to the best accounts a continued navigation from it s source, and possibly with a single portage, from the Western ocean, and finding to the Atlantic a choice of channels through the Illinois or Wabash, the Lakes and Hudson, through the Ohio and Susquehanna or Potomac or James rivers, and through the Tennessee and Savannah rivers. An intelligent officer with ten or twelve chosen men, fit for the enterprise and willing to undertake it, taken from our posts, where they may be spared without inconvenience, might explore the whole line, even to the Western ocean, have conferences with the natives on the subject of commercial intercourse, get admission among them for our traders as others are admitted, agree on convenient deposits for an interchange of articles, and return with the information acquired in the course of two summers. 1. What is Jefferson s attitude toward native peoples in the west? SOAPSTone Analysis 2. Why do you think Jefferson has this attitude toward native peoples? 3. What predictions can you make about interactions between natives and American frontiersmen based on Jefferson s address? Explain. 32

33 Teton Souix Shoshones Missouris Hidatsas & Mandans Chinook & Clatsops Blackfeet NATIVES ON THE TRAIL While Lewis and Clark were the first Americans to see much of what would become the western United States, those same lands had long been occupied by native peoples. Over the course of the expedition, Lewis and Clark developed a ritual that they used when meeting a tribe for the first time. The captains would explain to the tribal leaders that the their land now belonged to the United States, and that a man far in the east President Thomas Jefferson was their new great father. They would also give the Indians a peace medal with Jefferson on one side and two hands clasping on the other, as well as some form of presents (often trade goods). Moreover, the Corps members would perform a kind of parade, marching in uniform and shooting their guns. What was the purpose of this ritual? Preexisting Customs Impression of Lewis and Clark Effects of their encounter S L S L S L S L S L S L Overall, what were the long-term impacts of Lewis and Clark s Expedition on our relationship with natives? 33

34 FOREIGN POLICY UNDER JEFFERSON Embargo Act of 1807 In a desperate attempt to avert war, the United States imposed an embargo on foreign trade. Jefferson regarded the embargo as an idealistic experiment--a moral alternative to war. He believed that economic coercion would convince Britain and France to respect America s neutral rights. The embargo was an unpopular and costly failure. It hurt the American economy far more than the British or French, and resulted in widespread smuggling. Exports fell from $108 million in 1807 to just $22 million in Farm prices fell sharply. Shippers also suffered. Harbors filled with idle ships and nearly 30,000 sailors found themselves jobless. Jefferson believed that Americans would cooperate with the embargo out of a sense of patriotism. Instead, smuggling flourished, particularly through Canada. To enforce the embargo, Jefferson took steps that infringed on his most cherished principles: individual liberties and opposition to a strong central government. He mobilized the army and navy to enforce the blockade, and declared the Lake Champlain region of New York, along the Canadian border, in a state of insurrection. Pressure to abandon the embargo mounted, and early in 1809, just 3 days before Jefferson left office, Congress repealed the embargo. In effect for 15 months, the embargo exacted no political concessions from either France or Britain. But it had produced economic hardship, evasion of the law, and political dissension at home. Upset by the failure of his policies, the 65-year-old Jefferson looked forward to his retirement: "Never did a prisoner, released from his chains, feel such relief as I shall on shaking off the shackles of power.'' The problem of defending American rights on the high seas now fell to Jefferson's hand-picked successor, James Madison. In 1809, Congress replaced the failed embargo with the Non- Intercourse Act, which reopened trade with all nations except Britain and France. Then in 1810, Congress replaced the Non-Intercourse Act with a new measure, Macon's Bill No. 2. This policy reopened trade with France and Britain. It stated, however, that if either Britain or France agreed to respect America's neutral rights, the United States would immediately stop trade with the other nation. Napoleon seized on this new policy in an effort to entangle the United States in his war with Britain. He announced a repeal of all French restrictions on American trade. Even though France continued to seize American ships and cargoes, President Madison snapped at the bait. In early 1811, he cut off trade with Britain and recalled the American minister. For 19 months, the British went without American trade. Food shortages, mounting unemployment, and increasing inventories of unsold manufactured goods finally convinced Britain to end their restrictions on American trade. But the decision came too late. On June 1, 1812, President Madison asked Congress for a declaration of war. A divided House and Senate concurred. The House voted to declare war on Britain by a vote of 79 to 49; the Senate by a vote of 19 to 13. Summarize the Embargo Act in one sentence 3 Connections to the War of 1812 When In Who The Jefferson Administration What imposed the Embargo Act, which Jefferson s Views on foreign policy: 2. Why because 3. Colonists Response: 34

35 What does the turtle represent? Why are colonists upset by the embargo? sympathize with Jefferson in the passage of his embargo? To what extent do colonists 35

36 Tone Subject Purpose Audience Occasion Speaker Jefferson s Response: I have duly received the address of that portion of the citizens of Stockbridge [Massachusetts] who have declared their approbation of the present suspension of our commerce, and their dissent from the representation of those of the same place who wished its removal. A division of sentiment was not unexpected. On no question can a perfect unanimity be hoped, or certainly it would have been on that between war and embargo, the only alternatives presented to our choice; for the general capture of our vessels would have been war on one side, which reason and interest would repel by war and reprisal on our part. Of the several interests composing those of the United States, that of manufactures would of course prefer to war, a state of non-intercourse, so favorable to their rapid growth and prosperity. Agriculture, although sensibly feeling the loss of market for its produce, would find many aggravations in a state of war. Commerce and navigation, or that portion which is foreign, in the inactivity to which they are reduced by the present state of things, certainly experience their full share in the general inconvenience: but whether war would to them be a preferable alternative, is a question their patriotism would never hastily propose. It is to be regretted, however, that overlooking the real sources of their sufferings, the British and French Edicts, which constitute the actual blockade of our foreign commerce and navigation, they have, with too little reflection, imputed them to laws which have saved them from greater, and have preserved for our own use our vessels, property and seamen, instead of adding them to the strength of those with whom we might eventually have to contend. The Embargo, giving time to the belligerent powers to revise their unjust proceedings and to listen to the dictates of justice, of interest and reputation, which equally urge the correction of their wrongs, has availed our country of the only honorable expedient for avoiding war: and should a repeal of these Edicts supersede the cause for it, our commercial brethren will become sensible that it has consulted their interests, however against their own will. It will be unfortunate for their country if, in the meantime, these, their expressions of impatience, should have the effect of prolonging the very suffering which have produced them, by exciting a fallacious hope that we may, under any pressure, relinquish our equal right of navigating the ocean, go to such ports only as others may prescribe, and there pay the tributary exactions they may impose; an abandonment of national independence and of essential rights revolting to every manly sentiment: While these Edicts are in force, no American can ever consent to a return of peaceable intercourse with those who maintain them. Why does Jefferson prefer a state of non-intercourse? SOAPSTone Analysis Do you think that Jefferson s embargo was reasonable? Why or Why not? 36

37 WAR OF 1812 Causes Non-Intercourse Act Macon s Bill No. 2 Battle of Tippecanoe War Hawks Natives Battle of New Orleans: Effects Era of Good Feelings Collapse of the Federalist Party American-Canadian Relationship 37

38 ENDING THE WAR OF 1812 On December 24, 1814, The Treaty of Ghent was signed by British and American representatives at Ghent, Belgium, ending the War of By terms of the treaty, all conquered territory was to be returned, and commissions were planned to settle the boundary of the United States and Canada. On Christmas Day in 1814, news of the treaty hit the presses! TASK: Your assignment is to create a newspaper that was circulated on December 25, 1814: the day after the War of 1812 officially ended. It must include: One editorial that criticizes Madison for leading the nation into a wasteful and pointless war (one paragraph in length) One editorial that praised Madison for leading the nation to victory and bettering the lives of Americans through those efforts (one paragraph in length) One political cartoon that marks the beginning of the Era of Good Feelings One political cartoon that represents the new relationship between the United States and Canada A holiday-themed cover page All pages will be bound or pasted into a booklet and turned in at the end of class for a homework grade. 38

39 HARTFORD CONVENTION The Causes Convention E Effects The Federalists opposed the war for several specific reasons. For one thing, they saw it as a party war designed to further the interests of Republicans. The Federalists also feared that the war would throw the nation into the arms of Napoleon, who was variously described as "the great destroyer," "the little tyrant," the "monster of human depravity," and "the arch-fiend who has long been the curse and scourge of the European World." Even after the danger of a French alliance had receded, Federalists continued to oppose the war because they considered it an "offensive" war aimed at Canada. Although willing to support a war to protect American commerce or to defend the nation's frontiers, they refused to sanction the conquest of Canada. An important but sometimes overlooked aspect of Federalist opposition to the war is that the party did have a legitimate fear for the future of the nation, at least in the social context. The Federalist antiwar clergy stressed that the war was an outward expression of God's displeasure and a corrupting influence on the citizenry that made them less virtuous and posed a serious danger to the constitutional balance of the republic. Armies were irreligious repositories of depravity that transformed law-abiding citizens into savages who corrupted communities with disruptive, sinful practices. War disrupted commerce and farming, forced burdensome taxation, created idleness and unemployment, extended bureaucracy, and encouraged smuggling. In sum, Federalists saw the war as a costly, futile, and partisan venture that was likely to produce little good and much evil. The best way to bring the conflict to an end, most Federalists agreed, was to oppose it. Hence they wrote, spoke, and preached against the war; they discouraged enlistments in the army and subscriptions to the war loans. The Federalists vigorously condemned all who supported the war and worked for their defeat at the polls. Traditionally, Americans had dealt with crises by calling a convention. The Albany Congress (1754), the Stamp Act Congress (1765), the First Continental Congress (1774), and the Constitutional Convention (1787) were all convened to deal with crises. In New England there was recurring talk of calling a convention: First in , when the long embargo brought trade to a halt; then in the summer of 1812, when the declaration of war threatened to drive America into an alliance with France; and finally in 1814, after a new embargo had been imposed. This same mood of desperation moved Strong to call the Massachusetts General Court, or legislature, into special session in October, It responded to the crisis by calling for a convention of delegates from the New England states to meet at Hartford, Connecticut, on December 15. According to Harrison Gray Otis, the acknowledged author of the convention plan, the delegates were to discuss ways and means of sectional defense and to take steps to revise the United States Constitution to accord with sectional interests. Summarize the Hartford Convention List 4 reasons that Federalists opposed the War of

40 When In Who Delegates from the New England States What 2. Why In order to Amendments to the Constitution Proposed by the Hartford Convention Proposed amendment Justification Agree/disagree with this amendment (1) the "three-fifths compromise," which allowed states to count a portion of their chattel population in determining proportionate representation in Congress and the Electoral College, be abolished (2) a two-thirds vote of both houses of Congress be required to admit new states into the Union (3) no embargo be imposed for more than sixty days (4) a two-thirds vote of both Houses of Congress be required to adopt declarations of war (5) a two-thirds vote of both Houses of Congress be required to adopt declarations of commercial nonintercourse acts Do you think that these amendments were reasonable? Why or why not? Was the Hartford convention Constitutional? Why or why not? Public Response to the Convention Notes: 40

41 Description: Charles's satire attacks the Hartford Convention, a series of secret meetings of New England Federalists held in December The artist caricatures radical secessionist leader Timothy Pickering and lampoons the inclinations toward secession by convention members Rhode Island, Massachusetts, and Connecticut, alleging encouragement from English King George III: In the center, on a shore, kneels Timothy Pickering, with hands clasped praying, "I, Strongly and most fervently pray for the success of this great leap which will change my vulgar name into that of my Lord of Essex. God save the King." On a precipice above him, a man, possibly Harrison Gray Otis, representing Massachusetts, pulls two others (Rhode Island and Connecticut, possibly James Hillhouse) toward the edge. Rhode Island: "Poor little I, what will become of me? this leap is of a frightful size -- I sink into despondency." Connecticut: "I cannot Brother Mass; let me pray and fast some time longer - little Rhode will jump first." Massachusetts: "What a dangerous leap!!! but we must jump Brother Conn." Across the water, on the right, sits George III with arms stretched out toward the men on the cliff. He calls, "O'tis my Yankey boys! jump in my fine fellows; plenty molasses and Codfish; plenty of goods to Smuggle; Honours, titles and Nobility into the bargain." On the left, below the cliff, is a medallion inscribed with the names of Perry, McDonough, Hull, and other heroes of the War of 1812 and decorated with a ribbon which reads, "This is the produce of the land they wish to abandon." Collapse of the Federalist Party Federalists at the Hartford Convention did not realize that at that time, a ship was sailing across the Atlantic with news that a peace agreement had been reached in Ghent, Belgium, bringing the war to a close. Before the convention's representatives reached Washington DC to present their demands, news of Jackson's victory at New Orleans raised patriotic sentiment in favor of the war and made them appear foolish and, due to the whiff of secession, perhaps traitorous. Participation in the Hartford Convention was politically fatal for its leaders, and eventually, the Federalist Party collapsed. Had the United States lost the War or 1812, do you think there would still be a Federalist Party today? Why or why not? 41