Forming a New Government

Forming a New Government

Why Independent in the First Place? Citizens wanted to limit the power of government Lack of representation No taxation without representation Protect personal freedoms Desired to be represented fairly and equally in the lawmaking process

English Laws Trace back to Magna Carta- Limit power of ruler Representative govt. w/ Parliament in control Greater rights for citizens Enlightenment influences English Bill of Rights protected rights T. Paine the mind once enlightened J. Locke right to life, liberty, and property Montesquieu separate powers of govt. (3 branches)

American Models Iroquois Confederacy: representatives from each nation chosen by matriarch (women) to meet to discuss matters and vote on various decisions. Individual nations had local council- how is this similar to government today? The Virginia House of Burgesses- Met once a year to make laws that could however be vetoed by the governor or the directors of the Virginia Company. Mayflower Compact- formed a temporary government State Constitutions: Republic put people in power- elected governors Limit govt. control & separation of powers Suffrage white males that paid taxes & were property owners

Articles of Confederation Created a central govt. w/ limited powers Loose alliance of states Congress make and pass laws 13 States 1 vote per state States enforce laws No President weary of too much power

Articles of Confederation WEAKNESSES: Congress couldn t impose taxes was the greatest weakness All states had to agree to pass laws No executive branch to enforce the laws passed by Congress

SHAYS REBELLION War is expensive! Continental Congress and states are struggling to pay back debts- high taxes on common people Farmers: high taxes + debt led to many foreclosures States would jail farmers that could not afford to pay their debts, take their land away Revolt forces shut down the courts in Massachusetts No courts = no foreclosures A few miles form Shay s farm- rebels come armed 2,000 rebels participated - the militia was sent in and squashed the rebellion

SHAYS REBELLION Impact ~ Articles of Confederation was too weak not working Congress couldn t raise taxes No branch to enforce laws All states had to agree to pass laws Couldn t regulate trade Push for Change Revisions to A of C national conference held No NE states or NC, SC, GA ~ Only 5 states attended

CONSTITUTIONAL CONVENTION Met intending to revise the Articles Really James Madison brought a blue print for what would become the Constitution, Father of the Constitution Madison also kept a very detailed account of what was taking place 12 states attended most of the meetings- Rhode Island refused to participate, opposed to strong central government Split between large and small states

VIRGINIA PLAN (LARGE STATES) (MADISON) Strong national govt. w/ 3 branches Legislative passes laws Executive carries out laws Judicial interprets laws Representatives based on population- larger population, more representatives Favored large states, so small states opposed

NEW JERSEY PLAN (SMALL STATES) (WILLIAM PATERSON) Small states response to VA Plan Three branches One-house legislature: one state = one vote Federal govt. powers: taxes & regulate commerce

THE GREAT COMPROMISE (ROGER SHERMAN) Biggest issue is representation Created a bicameral Congress based on population and equal representation Upper house Senate gets two reps per state (NJ plan) Lower house House of Reps. based on population (VA Plan) Three-Fifths Compromise - Southerners wanted slaves counted Slaves were counted as 3/5 for purpose of representation in Congress

FEDERALISM Federalism divide power between fed/state govt. Checks and Balances limit the power of govt. Each branch checks the other two branches Congress passes laws but Pres. can veto Judicial Branch determines if laws passed by Congress are Constitutional

FEDERALISTS VS ANTIFEDERALISTS FEDERALISTS supported the Constitution Wanted a strong Federal Govt. strong in the North & Cities Backed by G. Washington, B. Franklin, J. Madison, A. Hamilton ANTIFEDERALISTS opposed Constitution because it lacked a Bill of Rights Wanted weaker Federal Govt. in favor of states rights Strong in the South & rural areas Backed by T.Jefferson. S. Adams, P. Henry, T. Paine

FEDERALIST PAPERS Purpose was to rally support for ratification of the Constitution (NY delegates) Written by Alexander Hamilton, James Madison and John Jay Explained the advantages the Constitution would bring

RATIFICATION OF THE CONSTITUTION Ratification for several states could only occur with the Bill of Rights Amends. 1-10 to insure basic civil liberties The Federalists were better prepared than their opponents. 9/13 had to ratify to become, Law of the Land June 1788 NH was 9th state to approve NY, VA, NC, and RI ratify later

GEORGE WASHINGTON Unanimously decided to be first President Makes precedents (examples) that future Presidents follow Establish a Cabinet- Jefferson as Secretary of State, Hamilton Secretary of Treasury Supported Bank of America Policy of neutrality Two term limit on Presidency Established relations with Great Britain Presidential farewell address- any regrets and where they think country should be headed in the future

POLITICAL PARTIES DEMOCRATIC REPUBLICANS Led by Thomas Jefferson Small national govt. (power w/ states) Supported agriculture Strict construction (b/w) Opposed national bank FEDERALISTS Led by Alexander Hamilton Strong national government Supported manufacturing/industry Loose construction (grey) Favored national bank

ALEXANDER HAMILTON Govt. should assume all existing public debt from the war The country needed a national bank The nation s economy should be based on industry and manufacturing Needed to create govt. revenue Taxes! i. Tariff tax on imported goods ii. Excise sin tax liquor, tobacco and luxuries Compromise reached moved the capital to Philadelphia, then DC i. Southerners then agreed to state debt bill

HAMILTON S ECONOMIC PLAN Most controversial part of Hamilton s plan: Loose construction loose interpretation of Constitution i. Hamilton necessary and proper clause ii. Supported national bank VS Strict construction strict interpretation of Constitution i. Jefferson limit the power of govt. ii. Opposed national bank President Washington signed the Bank Bill in 1791

WHISKEY REBELLION Farmers objected violently to excise tax Tax on whiskey, excess grain and wheat turned into whiskey, whiskey used as a trading medium Tax affected their pocketbooks - attacked tax collectors 2,000 rebels threatened Pittsburgh GW and Hamilton led 13,000 troops to squash rebellion Farmers scattered without spilling a drop of blood

WASHINGTON NEUTRALITY Washington issued Neutrality Proclamation in 1793 i. U.S. would be friendly and impartial w/ France and Great Britain ii. GW opted to stay out of French Revolution Edmund Genet, French ambassador, openly defied Neutrality Proclamation Used American ports to outfit French ships for war against British Washington demanded France replace Genet Diplomatic challenges Jefferson resigned as Sec. Of State British seized American ships & sailors imprisoned, as they were trading with France Britain stirred up trouble in NW Territory w/ natives- arming Natives, occupying forts

JAYS TREATY Chief Justice John Jay negotiated w/ British Brits paid for damages to ships & left forts in NW Territory No more impressments of sailors Washington argued better a bad treaty with GB than no treaty at all At this time Hamilton also resigned Majority won in Senate and it was ratified

JOHN ADAMS PRESIDENCY Won over Jefferson 71-68 Federalist Jefferson is VP, they are rivals XYZ AFFAIR Part of Jay Treaty is not allowed to trade things with France- upsets France So France seizes American ships Adams sent 3 men to France to negotiate France refuses to accept the men, sends 3 nobody's to deal with them Americans angered by the treatment of their people, Adams labels the 3 French men X, Y, and Z Undeclared war, some naval battles. French realized it was smarter to come to peace

ALIEN AND SEDITITON ACTS Response to XYZ and resentment of foreigners Foreigners must register w/ govt. Allowed president to jail or deport dangerous foreigners Prohibited criticism of public officials (FREEDOM OF SPEECH?) Jefferson and Madison argued that acts were unconstitutional Created deeper divide in Congress and the country

SUPREME COURT No specified amount of Justices- been as low as six however since the late 1800s, there have always been nine Appointed by President, confirmed by Senate Justices hold office for life Hear appealed cases from lower courts Thousands sent to them however they only see around 150 Determines whether laws, rulings, etc are deemed Constitutional

JOHN MARSHALL Appointed by John Adams Set various precedents, served for 34 years Supreme Court gives one final ruling, not each individual Most important case is Marbury v Madison

MARBURY VS MADISON At the very end of Adams Presidency, he appoints William Marbury and justice of the peace in DC Thomas Jefferson, the new president, refused to recognize the appointment of Marbury. The normal practice of making such appointments was to deliver a "commission," or notice, of appointment. This was normally done by the Secretary of State. Jefferson's Secretary of State at the time was James Madison Jefferson told Madison not to deliver it, making it void Marbury sues Madison and the Supreme Court hears the case One branch cannot force another branch to do something, however it establishes judicial review- the Supreme Court reviews what other branches do

FOUNDING FATHERS

JOHN ADAMS Lawyer- defended Red Coats after the Boston Massacre Sons of Liberty Massachusetts delegate for Constitutional Congress Worked on Declaration of Independence- one of only two to sign and later become President Worked on Treaty of Paris to help end the War First Vice President to Washington- then became President after a close win over Jefferson Was able to keep US out of European problems- remain neutral Died the same day as Jefferson July 4, 1826

BENJAMIN FRANKLIN Publisher of Pennsylvania Gazette, spoke out against Stamp Act Pennsylvania s delegate to Continental Congress Helped draft Declaration of Independence Delegate to France, helped form Treaty of Paris Only to sign ALL FOUR major documents- Declaration, Constitution, Treaty of Paris, Treaty of Alliance with France Also was scientist- famous for work with electricity, made glasses- did not patent any of his inventions

THOMAS JEFFERSON Lawyer, Virginia legislature, Virginia delegate at Continental Congress Primary author of the Declaration of Independence Secretary of State for Washington, Vice President to Adams Became third President

ALEXANDER HAMILTON New York delegate to Constitutional conventions Another author of Federalist Papers Secretary of Treasury for Washington Secretary of State for Jefferson Died in a duel with Aaron Burr Burr defeats father in law for Senate seat Any time Burr runs for anything, Hamilton talks badly Burr has enough and challenges him to a duel

JAMES MADISON Virginia legislature, Continental Congress An author of some Federalist Papers Took lead on creating Constitution Became Congressman, then Secretary of State for Jefferson Became fourth President

GEORGE WASHINGTON General of Continental Army in American Revolution First President of the United States Unanimously decided Set many precedents- what were they??