7) the constitution and the new republic

advocates of centralization

supporters of a strong national gov’t

• george washington

• alexander hamilton

• john jay

• james madison - writes the us constitution

the founding fathers

young and elite - educated, farmers, wealthy landowners, prosperous merchants

distrusted the concentration of power

a divided convention agreements

small states vs large states

how are the states going to be represented and participate?

larger states wanted more representation

the virginia plan

based on population

the new jersey plan

based on state

the connecticut compromise

compromise between the virginia and new jersey plan

using both population and state

bicameral

more population

more votes in the house of representatives

slaves and slavery between the northern and southern states

are slaves counted as people?

• for the purposes of taxation? representation?

leads to the 3/5 compromise - slaves are 3/5 of a person, 5 slaves count as 3 people

the constitution of 1787

the author was james madison

the question of sovereignty - where does authority lie? federal structure

separation of powers is built in - executive, judicial, legislative

checks and balances - each branch can be checked by the other branches

each state could decide an

electoral college - we vote for who votes for the president

states decided voter eligibility

federalists

alexander hamilton

james madison

john jay

wrote the federalists papers

the federalist papers

promote adoption of the constitution, for the federal government

antifederalists

against the federalist papers

thomas jefferson - reasons that its not complete (no free speech, freedom of religion)

debated the constitution

bill of rights

1st 10 amendments

many of the protections in it stemmed from past conflict with parliament

states to adopt the constitution

connecticut, rhode island

federalists and antifederalists

worked together to complete the constitution and made the bill of rights

1st amendment

freedom of speech

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

2nd amendment

right to bear arms

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed

3rd amendment

no quartering of soldiers

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

4th amendment

no unreasonable search and seizure

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

5th amendment

no double jeopardy, due process of law

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

6th amendment

right to a speedy and public trial,

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

7th amendment

right to a trial by jury

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

8th amendment

no cruel and unusual punishment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

9th amendment

people have additional rights not listed in the us constitution

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people

10th amendment

powers not given to the federal gov’t are powers of the state and the people

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

senate proposed to call washington

“his highness the president of the united states of america and the protector of their liberties

washington chose to be called “mr. president”

washington’s cabinet

thomas jefferson - secretary of state - highest cabinet post (foreign policy, international relations)

alexander hamilton - secretary of treasury (dealt with financial matters)

henry knox - secretary of war

edmund randolph - attorney general

jefferson and hamilton respect each other but have different beliefs and disagree on many things

hamilton and the federalists

wanted a strong central government - federal government

• fully funding the national debt - US would borrow $ and pay back what they owe (war-related debt, etc…)

  • this helped create a national bank

• hamilton’s report on manufactures

  • basically a treasury report

jefferson and hamilton

debated hamiltons program

jefferson supports hamiltons financial plan (bank of the us)

in turn, hamilton supports jefferson’s location of the capital

• jefferson wanted a southern capital in virginia

federalist party

the federalists become the first political party

republican party

opposed the beliefs of the federalist party

NOT the current republican party but the current democratic party

oldest existing party

democratic party

federalist party ideals

• pro-english 

• manufacturing/commerce - business oriented

• strong federal gov’t

• gov’t over the individual

• loose interpretation

republican party ideals

• pro-french

• agriculture

• weak federal gov’t (not as weak as the AOC)

• individual over the gov’t

• strict interpretation

whiskey rebellion

farmers unhappy about taxes placed on grain

made whiskey with the grain - argued that it couldn’t be taxed

washingtons reponse to whiskeys rebellion

led 13k-15k into pennsylvania

actually led them 

showed that unlike the AOC, the federal gov’t did have power 

french revolution

1789-1800

france was in an unpredictable situation

republicans are in an awkward position due to france being in an unpredictable situation

washington decided to be neutral

washington issued a neutrality proclamation

citizens genet

jays treaty with britian

was very unpopular

jay was sent to negotiate

• british forts in northwest in us soil

• seizure of american ships and the impressment of sailors

• rights of neutral carriers in the atlantic

didn’t respect americas rights as being neutral

republicans believed the tresy would harm southern planters

pinckey’s treaty with spain

navigation on the mississippi river

border with eastern florida - how far east does it extend?

why does washington leave office voluntarily?

after 2 terms he decided he would leave'

he was scared he was going to die while in office

establishes a precedent of 2 terms being the norm - significance of the election of 1796

election of 1796

washington’s farewell address

written by alexander hamilton in his name

washingtons farewell address

warned that the us should avoid “entangling alliances” with all other countries because such alliances threaten our independence

what were the outcomes of the election of 1796?

divided federalists

divided executive 

• 12th amendment

way of choosing presient and vice president

most votes was the president

2nd most votes was the vice-president

led to many difficulties between both people because each would be from a different party

john adams

• personally correct

• widely respected

• widely disliked

woudl rather do what he thought was right than be liked

the quasi (half/semi) war with france

xyz affair - three French agents, known as X, Y, and Z, demanded a bribe and a loan from American diplomats as an entrance fee in Paris to begin negotiations

strong anti-french reaction - led to the quasi war

alien and sedition acts

alien part - 4 acts that are passed to get rid of non-citizens

changes the requirements for citizenship

sedition part - treason, makes it illegal to criticize the president

virgnia and kentucky resolutions

james madison - virginia resolution

thomas jefferson - kentucky resolution

states have a right not to enforce federal laws that go against the us constitution

the election of 1800

historians refer to this as the revolution of the 1800

federalists approach - adams would have the most votes and pinckney would have the 2nd most

republican approach - didnt talk about it prior so it was a tie

tie goes to the house of reps which also led to a tie

alexander hamilton

“head” of the federalists

spoke to the house in favor of jefferson and broke the tie

blame duct theory

old administration has nothing to lose so they pass laws that favor the federalists

pass the judiciary act of 1801

judiciary act of 1801

midnight appointments

john adams appointed federlists to these “midnight” appointments