Tuesday October 10, 2017 1. Turn in Notes 2. Annotate DocBook page 156; 161, 162, 181; 172; 173-74 3. Constitutional Convention worksheet 4. Federalist & Anti Federalists The accumulation of all powers legislative, executive and judiciary in the same hands, whether of one, a few or many, and whether hereditary, self appointed, or elective, may justly be pronounced the very definition of tyranny. James Madison Federalist 47
Should the Constitution be seen as a conservative reaction to the Revolution, an enshrinement of revolutionary principles, or both? What was most truly original about the Constitution?
The Philadelphia Convention: Demographics Most delegates were wealthy Nearly two-thirds were lawyers Forty had served in Confederation Congress Over half had been officers in the Continental Army Seven former state governors Eight signers of the Declaration of Independence Average age of 42
The House and Senate: Differences House considered to represent ordinary Americans because voters elect members directly Bills for raising revenue must originate in House Senate viewed as advisory in nature: Ratifies treaties Approves presidential appointments Senate designed to represent the natural aristocracy
The Great Compromise Text of the Great Compromise establishing numbers of delegates per state Also called the Connecticut Compromise Introduced by Roger Sherman Representation in lower house by population Fixed number of representatives in upper house
The Three-Fifths Compromise North wanted to count slaves for taxation purposes, not representation in Congress South wanted to count slaves for representation, not taxation Compromise counted three-fifths of other persons for both representation and taxation Congress also forbidden to interfere with slave trade until 1808
Separation of Powers Based on Montesquieu s theories Government is divided into three distinct branches: Legislative Branch Executive Branch Judicial Branch Makes the law Enforces the law Interprets the law
Checks and Balances Executive Can veto bills; appoints judges to the Judicial Branch Can override a veto; must approve appointments Can declare acts of Congress unconstitutional Legislative Judicial
Division of Power Also known as federalism Allows for state sovereignty Types of powers: Delegated: those granted the federal government Reserved: those granted the states Concurrent: those shared at both levels powers both hold, e.g. power to tax. National State Delegated Concurrent Reserved
Ratification Procedure Addressed in Article VII Ratification to occur in special state conventions Nine of 13 states needed for ratification Supporters of the Constitution nicknamed Federalists (advantages?) Opponents called Anti- Federalists The first printed copy of the Constitution, 1787
Who were the Federalist and the Antifederalist, what were the issues that divided them, and why did the Federalist win? Characteristics of the Federalists... Characteristics of the Antifederalists... Criticisms of the Constitution Great Debate in the States The Laggard States Federalist Paper 51--James Madison If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: You must first enable the government to control the governed; and in the next place, oblige it to control itself.
Federalists Hamilton In favor of ratification Favored government by rich and wellborn Support concentrated in coastal areas and large cities Leaders included Hamilton and Madison Madison
From Federalist #10 A republic, by which I mean a government in which the scheme of representation takes place, opens a different prospect, and promises the cure for which we are seeking. Let us examine the points in which it varies from pure democracy, and we shall comprehend both the nature of the cure and the efficacy which it must derive from the Union Hence, it clearly appears, that the same advantage which a republic has over a democracy, in controlling the effects of faction, is enjoyed by a large over small republic is enjoyed by the Union over the States composing it. Does the advantage consist in the substitution of representatives whose enlightened views and virtuous sentiments render them superior to local prejudices and schemes of injustice? It will not be denied that the representation of the Union will be most likely to possess these requisite endowments.
Anti-Federalists Opposed ratification Tended to be middleclass, farmers, and those who favored civil liberties over a strong government Included Patrick Henry, George Clinton, Mercy Otis Warren Anti-Federalist leader Patrick Henry refused to attend the Philadelphia Convention, saying he smelt a rat
From Federalist #84 WE, THE PEOPLE of the United States, to secure the blessings of liberty to ourselves and our posterity, do ORDAIN and ESTABLISH this Constitution for the United States of America. Here is a better recognition of popular rights, than volumes of those aphorisms which make the principal figure in several of our State bills of rights, and which would sound much better in a treatise of ethics than in a constitution of government. I go further, and affirm that bills of rights, in the sense and to the extent in which they are contended for, are not only unnecessary in the proposed Constitution, but would even be dangerous. They would contain various exceptions to powers not granted; and, on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed?
Opposition Writings Similar to the writers of The Federalist, some wrote urging rejection of the Constitution: Letters From the Federal Farmer (Lee and Smith) Observations on the New Constitution (Warren) Objections to This Constitution of Government (Mason)
From Observations on the New Constitution 2. There is no security in the proffered system, either for the rights of conscience or the liberty of the Press: Despotism usually while it is gaining ground, will suffer men to think, say, or write what they please; but when once established, if it is thought necessary to subserve the purposes, of arbitrary power, the most unjust restrictions may take place in the first instance, and an imprimatur on the Press in the next, may silence the complaints, and forbid the most decent remonstrances of an injured and oppressed people 14. There is no provision by a bill of rights to guard against the dangerous encroachments of power in too many instances to be named: but I cannot pass over in silence the insecurity in which we are left with regard to warrants unsupported by evidence the daring experiment of granting writs of assistance in a former arbitrary administration is not yet forgotten in Massachusetts; nor can we be so ungrateful to the memory of the patriots who counteracted their operation, as so soon after their manly exertions to save us from such a detestable instrument of arbitrary power, to subject ourselves to the insolence of any petty revenue officer to enter our houses, search, insult, and seize at pleasure
Ratification in New York Anti-Federalists believed NY too large to cede authority to a central government Hamilton s influence and The Federalist swayed some Anti-Federalists opinion Virginia s ratification tipped the balance in NY NC and RI ratified later New York celebrates the ratification of the Constitution
List top 5 events, be prepared to defend: 1. Top Differences: Hamilton vs. Jefferson 2. Top 5 Washington Domestic (home) 3. Top 5 Washington Foreign 4. Top 5 Adams Administration events 5. Top 5 Jefferson Administration events 6. Top 5 Counterfactuals (what ifs) leading to the War of 1812 [if x happens, history changes] e.g. If Whitney doesn t invent the Cotton Engine then after Jefferson phases out the slave trade in 1808, slavery begins to fade as an institution and it changes the dynamics of Western Settlement and treatment of tribes. 7. Top 5 Actions during the War of 1812
2. Top 5 Washington Domestic (home) 1. Creation of first Cabinet: presidential advisers requested by Washington Treasury; State; War; and Justice (Attorney General), chosen with Advise and Consent of Senate. Organizing the machinery of government, allowed to address NW frontier, admitting 3 states VT, KY, TN. 2. Judiciary Act of 1789 - establishes federal court system with 3 Circuit Courts, 13 District Courts, and the Attorney General. John Jay appointed first Chief Justice along with five associate justices. Could not enforce new laws until have judicial system in place. 3. Report on Public Credit January 1790 Assumption of national and state debt; retrieve debt at par; reduce power of states; signal U.S. solvency; keep investment money in U.S.; bind wealthy and states to national government. 4. Report on Banking January 1791 Charter National Bank, privately owned but funded by U.S.; financial community needs stability; deposit taxes; issue and/or stabilize currency. BUS 5. Whiskey Rebellion Facing higher tax rates than larger distillers and fueled on by Republican clubs, farmers in Western Pennsylvania protest excise tax on whiskey. Cheaper and easier than transporting grain over mountains, small farmers make whiskey. Washington quells uprising. 6. Report on Manufacturers December 1791 promote general welfare
3. Top 5 Washington Foreign: 1. Proclamation of Neutrality To avoid involvement in another European war Washington issued the Proclamation. Reasons: America is not ready for involvement in a major war and neutrality will protect the young nation. Angered those that believed US should honor Treaty of Amity and Commerce 1778 (defensive agreement). 2. Jay s Treaty 179 (Hamilton s Treaty?) Moving closer to war because of impressments, GW sends Jay to negotiate British troops on American frontier; property carried off during Revolutionary War; seizure of American ships. Hamilton revealed details. Troop removal; Damages for some ships; trade restrictions in West Indies; no movement on impressments; demand payment of debts included in Treaty of Paris. Demonstrated divide between incipient parties and weakness of nation. Reaction: Much of country angered, moves nation toward two party system. Federalists and Republicans or Democratic Republicans. 3. Treaty of San Lorenzo or Pinckney s Treaty Spain misread Jay s Treaty as alliance and sought to assuage America. Invited Pinckney to negotiate new treaty. Settled border of Florida favorable to U.S. Access to Port of Deposit at New Orleans and use of Mississippi River. 4. Treaty with Native Americans Assumes control of treaty negotiations with tribes. Returns parcels of land to tribes. Treaty of Greenville following Battle of Fallen Timbers victory by Mad Anthony Wayne, tribes cede land that will become Ohio. 5. Farewell Address -
4. Top 5 Adams events: 1. Alien and Sedition Acts. President of Senate when Congress passed Bill of Rights and submitted to states for approval ( 2/3 and ¾ rule). Expel. Silence critics with jail. Changed Naturalization rule: 14 years. Jefferson referred to it as the reign of witches and worthy of the 8 th or 9 th century. Reaction: KY & VA Resolutions (Jefferson and Madison, respectively) TJ introduces nullification. 2. X, Y, Z Affair. Responding to French seizure of 300 merchant ships (France angered at Jay s Treaty), Adams sent Gerry, Marshall, and Pinckney to meet with Talleyrand. 250K bribe and loan of millions. Millions for defense but not one cent for tribute - Marshall. Effect: public outrage and build up military 3. Quasi War. Undeclared naval war between U.S. and France. Led to calls for war by Federalists who had advised caution before taking on a world power in the period before Jay s Treaty. Led to creation of large Army (Officer Corp of Federalists) under Hamilton, feared by both Adams and Republicans. Created Navy and began construction of warships (War of 1812). 4. John Marshall to SCOTUS. Mr. Supreme Court. The intellect and drive to develop a Third Branch of government worthy of and vital to the success of the Constitution. 5. Convention of 1800 ends Quasi War. Formally released U.S. from treaty of 1778 with France; France refused to pay $20 million in compensation. Letter from Washington extolling peaceful solution opened door for Adams to accept peace if GW wants peace, why argue. Next day Napoleon asks (forces) Spain to retrocede Louisiana territory.