Chapter 9: The Confederation and the Constitution,

APUSH CH 9+10 Lecture Name: Hour: Chapter 9: The Confederation and the Constitution, 1776-1790 I. From Confederation to Constitution A. The Articles of Confederation: An Attempt at Constitution-Making 1. Devised by the Second Continental Congress in 1777 2. Attempted to prove that the 13 states could govern themselves a. Established a firm league of friendship b. Congress was the main branch of government 3. A major point of contention dealt with the acquisition of western lands 4. Required approval of all 13 states a. Finally approved in 1781 (when Maryland finally approved it) B. Powers Given (and not Given) in the Articles 1. Congress controlled the government and was extremely weak a. Had power to declare war, make treaties, send diplomatic representatives, and borrow money b. Did NOT have the power to regulate commerce or collect taxes 2. No executive branch 3. Each state had one vote 4. Could not be amended without the agreement of all 13 states 5. Despite its weaknesses it was a step in the right direction 6. Northwest Ordinance, 1787 a. Provided for the organization of the Old Northwest Territory (between the Great Lakes and the Ohio River) i. Territories had the chance to be admitted to a state when they had 60,000 inhabitants ii. Outlawed slavery II. Problems with the New Government and a Solution A. Economic problems 1. Some states refused to pay any money to Congress (and Congress had no power to collect taxes) 2. States complained that Congress was too powerful 3. States fought over boundaries 4. Some states imposed tariffs on other states B. Shays Rebellion (1786) 1. Led by Daniel Shays (veteran of the American Revolution) a. He represented the backcountry farmers who had lost their farms due to foreclosures and the inability to pay taxes on their property 2. Farmers wanted the tax system to be reformed and paper money to be issued among other things 3. This showed a strong central government was needed and the Articles government was weak 1

C. Constitutional Convention (1787) 1. Shays Rebellion and other problems resulted in the Constitutional Convention that took place in 1787 2. Purpose: to amend/revise the Articles NOT to create a brand new constitution a. Had the delegates known a new constitution would have resulted at the end of the Convention they would have refused to attend 3. 12 of 13 states were represented (no Rhode Island); 55 delegates 4. Key people at the Convention: a. Ben Franklin (PA) b. Alexander Hamilton (NY) c. James Madison (VA; father of the Constitution ) 5. Missing from the Convention a. Thomas Jefferson (France) b. John Adams (Britain) c. Patrick Henry ( smelled a rat and didn t attend) D. Goodbye Articles, Hello Constitution 1. When the Convention opened, the delegates on which course to follow a. Amending the Articles of drafting an entirely new document 2. It was recognized that the Articles were structurally flawed (meaning the government it provided for did not work) a. It was decided that a new constitution had to be developed E. A Bundle of Compromises 1. Virginia Plan (large state plan) a. Wanted representation based on population in both houses of Congress 2. New Jersey Plan (small state plan) a. Wanted equal representation in a unicameral Congress 3. The Great Compromise (Connecticut Compromise) a. Settled the issue of representation i. In one house, representation would be based on population ii. In the other house, representation would be equal 4. When finished, the Constitution represented a series of compromises on various issues, such as: a. The executive (and his term of service) b. Election of the executive (Electoral College) c. Representation: House of Representatives and the Senate d. Slavery (3/5 compromise) 5. On September 17, 1787 (after 17 weeks of debate) the Convention approved a draft of the Constitution to submit to the states See Page 173 for a great chart that shows how the Constitution fixed the problems of the Articles 2

III. Ratifying the Constitution A. Ratification 1. The Constitution was submitted to the states for ratification 2. Remember, the states were expecting a revised Articles of Confederation a. This led to a battle for ratification B. The Federalists vs. the Anti Federalists 1. Federalists: in favor of the ratification of the Constitution a. They pointed out that the Constitution was full of safeguards that would prevent one branch from becoming too powerful (separation of powers and checks and balances existed) b. Washington, Madison, Hamilton, and Franklin 2. Anti Federalists: against the Constitution a. Argued that the new Constitution gave too much power to the central government b. Disliked absence of a bill of rights c. George Mason, Patrick Henry, John Hancock, and George Clinton C. The Federalist Papers 1. All of this rhetoric about the Constitution resulted in the Federalists publishing essays to support the Constitution 2. John Jay, Alexander Hamilton, and James Madison all contributed to the Federalist Papers 3. They discussed many topics from checks and balances to the power of the executive D. Ratification Occurs 1. Despite the long road to ratification, it finally occurred in 1788 after 9 states ratified the Constitution a. North Carolina and Rhode Island were the last two states to ratify Chapter 10: Launching the New Ship of State, 1789 1800 I. Launching the New Ship of State A. Washington Becomes President 1. Washington: the only President to be unanimously elected by the Electoral College on April 30, 1789 (with 69 votes; John Adams, with 34 votes, became VP) 2. The way Washington carried out his presidency set many precedents for the future leaders of our country a. He saw his role as chief law enforcer, commander of the armed forces, and as responsible for foreign affairs 3. Washington also invoked the power to establish a Cabinet, as stated in the Constitution a. Secretary of State: Thomas Jefferson b. Secretary of the Treasury: Alexander Hamilton c. Secretary of War: Henry Knox B. Unfinished Business: The Bill of Rights 1. Ratification of the Constitution was based on the belief that a bill of rights would be added 2. James Madison took it upon himself to draft the amendments to the Constitution 3. By 1791, 10 amendments were approved by the required number of states a. Freedom of religion, speech, press b. Right to bear arms c. Right to trial by jury d. Right to assemble and petition for redress of grievances 3

e. Prohibition of cruel and unusual punishment f. Prohibition of arbitrary government seizure of private property g. 9 th Amendment: Guard against assumption that list of rights were the only ones protected i. Specification of certain rights did not deny or disparage other rights retained by the people h. 10 th Amendment: Reserved all rights not explicitly delegated or prohibited by the Constitution to the States respectively, or to the people C. Courts are Established 1. Judiciary Act of 1789 a. One of Congress first laws b. Organized the Supreme Court (6 justices) i. John Jay was first chief justice c. Organized federal district and circuit courts d. Set-up office of attorney general II. Different Views of the Constitution and Government: Hamilton vs. Jefferson A. Hamilton s Ideas and Views 1. Believed in funding the national debt 2. Felt the federal government should assume all state debts a. His goal was to strengthen the national credit of the U.S. 3. Favored the institution of tariffs to help raise revenue a. One major excise tax that he secured was a tax on whiskey which many people disliked 4. Hamilton s idea of a national bank was the most controversial B. Jefferson vs. Hamilton 1. Jefferson argued that the federal government had no right to establish a national bank a. Believed all powers not granted to the federal government were reserved for the states b. He favored letting states establish banks c. Jefferson favored the strict interpretation of the Constitution 2. Hamilton argued the federal government had the right to establish a bank based on the necessary and proper clause of the Constitution a. He argued that a government needed a bank to be able to collect taxes and trade with other nations b. He favored the loose or broad interpretation of the Constitution i. Anything the Constitution didn t forbid was permitted C. The Bank of the United States is Created 1. Congress approved the bank in 1791 2. It was located in Philadelphia and charted for 20 years 3. Washington sided with Hamilton s bank in the end, but was still a bit unsure about the idea of a national bank III. Political Parties A. Parties vs. Factions 1. Originally, political divisions were factions groups who fought each other over specific issues (such as the Federalists and the Anti Federalists) 2. The political party system began to take hold over opposition to Hamilton s programs 4

IV. Washington is Reelected A. Washington s Second Term 1. Washington was prepared to retire after one term but his colleagues encouraged him to be president again 2. In December 1792 he was elected president again by the Electoral College (with Adams as VP) B. Washington Stays Neutral 1. Based on the alliance the Americans had agreed to with France in 1778, they should have been involved in helping the French during the French Revolution 2. Washington decided this was against the best interest of the U.S. he issued the Neutrality Proclamation in 1793 a. This meant the U.S. would not be involved in France s problems and foreshadowed a U.S. foreign policy of isolationism 3. France had sent Edmond Genet to the U.S. he was determined to get the U.S. into the war on the side of France and tried to persuade some Democratic-Republicans to support his cause a. This upset Washington who asked France to recall Genet back home because he was endangering U.S. neutrality C. The Whiskey Rebellion 1. Cause: high excise tax Hamilton placed on whiskey 2. Led by Pennsylvania farmers in 1794 a. They turned corn and rye into whiskey and sold it it was much easier to transport whiskey than grain 3. When tax inspectors came to collect the tax, the farmers protested and threatened them 4. Summer 1794: things got out of hand when PA farmers were to be arrested by the federal government a. They resisted arrest and shot at the tax collectors 5. Washington responds by summoning the militias from several states (about 13,000 men) a. This demonstrated the power of the new government to enforce its laws D. Relations with Britain 1. Neutrality was not easy to preserve a. The British were trying to provoke the U.S. through the impressments of sailors they would seize merchant ships and capture men to serve on their ships 2. Britain had promised to evacuate their forts in North America and had not done so 3. John Jay was sent to Britain to negotiate a treaty (Jay s Treaty, 1794) a. Goal: to stop Britain from searching and seizing American ships and impressing sailors into the British navy b. Results: Britain would evacuate frontier forts c. Britain would pay damages for American shipping d. No future agreement was made about the capture of American ships or impressment of sailors e. Washington approved the treaty in 1795 i. The Jeffersonian Democratic-Republicans disliked the treaty and tried to hurt Washington s reputation f. Fearing a U.S.-British alliance, Spain signed Pinckney s Treaty with the U.S. in 1795 (negotiated by Thomas Pinckney, U.S. minister to Spain) 5

i. Spain agreed to open the lower Mississippi River and New Orleans to American trade aa. The right of deposit was granted to Americans so they could transfer cargoes in New Orleans without paying duties to the Spanish government bb. Also set Florida s northern boundary at the 31 st parallel E. Washington s Farewell Address 1. Washington s Farewell Address was never delivered it was printed in newspapers a. Warned against permanent alliances b. Warned not to get involved in European affairs c. Warned not to form political parties F. Washington s Legacy 1. Set the precedent for keeping the nation out of foreign wars 2. The central government had a bank in place and seemed to be on solid ground 3. Successfully avoided colonial conflict in the Whiskey Rebellion and demonstrated power of the national government V. Washington Retires, Adams Become President A. John Adams 1. Washington s Vice President 2. Won by a vote of 71 to 68 in the Electoral College a. The runner-up, Jefferson, became his Vice President according to the Constitution 3. Didn t get along with Hamilton; caused Hamilton to resign 4. He was not well-liked by the people since he seemed aristocratic B. Relations with France 1. Adams had to deal with both Britain and France seizing American ships 2. The two political parties also disagreed over how to handle France a. Jefferson was sympathetic to the French and wanted to aid them b. Hamilton wanted to go to war with France c. Adams just wanted to avoid war altogether C. XYZ Affair 1. Adams sent envoys to Paris to discuss these issues (seizure of American ships) a. Known as the XYZ Affair (an attempt to repair U.S.-French relations) i. The envoys wanted to speak with foreign minister Talleyrand but 3 gobetweens got in the way and demanded money to do so b. The envoys returned as negotiations broke down c. Led to war preparations and an undeclared naval war between France and the U.S. took place i. Talleyrand later would accept new envoys aa. Under Napoleon Bonaparte France agreed to annul their alliance(franco-american Treaty) in 1800 D. The Alien and Sedition Acts (1798) 1. The Alien Acts a. Passed by Federalists in Congress b. The Alien Acts authorized the president to deport anyone who was a threat to national security c. The Naturalization Act changed the residency requirement for aliens from 5 years to 14 years to be eligible for citizenship 6

2. The Sedition Acts a. Made it a federal crime to falsely and maliciously criticize a federal official b. Many felt it directly undermined the First Amendment and the Constitution c. The Federalists aimed this at the Jeffersonian Democratic-Republicans 3. Both acts were the Federalist response to the criticisms of the Democratic-Republicans E. The Virginia and Kentucky Resolutions 1. Written by Madison and Jefferson to oppose the Alien and Sedition Acts (passed by KY and VA state legislatures) 2. Claimed that the states were the final authority in determining whether the federal government had overstepped its bounds a. Nullification was the correct remedy if this was the case b. Exemplified the states rights view VI. The Emergence of the First Party System A. The Constitution and Political Parties 1. Political parties were not mentioned in the Constitution a. Organized opposition to the government in the form of a political party seemed disloyal to the Founders 2. The beginning of the two-party system was due to argument over the creation of a national bank B. A Line is Drawn: The Federalists and the Democratic Republicans 1. The Federalists (Hamiltonian Federalists) a. Favored a strong central government b. Pro-British in foreign affairs c. Favored broad interpretation of the Constitution d. Supported by manufacturers and merchants on the coast e. Favored bank and high tariffs f. Favored a large army and navy 2. The Democratic-Republicans (Jeffersonian Republicans) a. Favored minimal government thought power should be held by the states b. More sympathetic to French in foreign affairs c. Favored strict interpretation of the Constitution d. Supported by small farmers and the lower classes e. Favored agriculture and opposed tariffs f. Favored a small army and navy 3. By the election of 1800, the differences between these two parties were very distinct 7