History - 1st and 2nd amendment

the spectrum of speech

supreme court weighs weather or not someones speech is protected

what speech is not protected

when the need of society is being threatened

freedom from speech

society shouldnt be assaulted by words

what can an individual with free speech do

say something you disagree with
burn the flag
say racist and hate slogans (hate speech is protected)

what can an individual with free speech NOT do

threaten physical acts of violence
cause a panic
hate crimes (swastika on others lawn)
vulgar language in school

incitement test

a method used by courts to determine whether to restrict or punish expression based on its potential to cause immediate unlawful behavior

what does the court take into consideration when ruling on religion

freedom of and from religion

freedom from

establishment clause

freedom of

free exercise clause

what can you do under the establishment clause

teach about your religion
allow voluntary prayer
read bible for literature content

what can you NOT do under the establishment clause

set a state religion
order a private prayer
teach religious doctrine

free exercise

prohibits government interference with religious belief and within limits, religious practice

central question of the 2nd amendment

when can the govt limit the individual right to posess guns and other firearms and when cant it?

standing army

people whose occupation was serving the army, professionals

why did the US keep a small army at first

people were scared and suspicious of the armys power

citizen militia

had a normal job but had to defend in times of need for the STATE

what ages did you have to join the citizen militia

16-60

what was the situation regarding guns due to the citizen militia

everyone had guns

were there gun restrictions in 1791

yes

who couldnt have guns

african americans
natives (cant sell to natives)
catholics (tension w protestants)

what is the result of the north winning the civil war

slaves are freed

what happens to gun laws when slaves are freed

laws are passed banning africans from guns mostly in the south

what happens to the citizen militia in 1903

citizen militia from all states are combined

militia act of 1903

all militia join to be part of the national guard for each state

how did washington feel about being president

he didnt want to be president

washingtons vice president

john adams

issues with washingtons presidency

no precedent (he was the first)

financial issues - washington

no change in economy post articles (state/fed gov in debt, owe millions to other countries)
dont have currency
economically troublesome

domestic issues - washington

growing tension between factions of country
no capital

foreign issues - washington

didnt know which state to follow
england and france both wanted us to follow them and would punish us if not

what did washington think about political parties

thought they would be dangerous because the constitution said nothing about it

what was the issue with finding a capital

north thought it should be in the north, south thinks that would give north too much power

accomplishments of washington

judiciary act of 1789

judiciary act of 1789

establishes a federal court system
set up the civil and criminal structure
no set number of people on court in constitution

what are the 3 courts

trial court (decision)
appeals court (dont like the decision, want higher)
supreme court (final hearing, only hear who they want and if denied lower court rules)

Washington's Priorities

has the power to get advisors, establishes first 4 cabinet positions for advice and direction

cabinet positions

sec of war
attorney general
sec of state
sec of the treasury

sec of war

henry knox - over saw military (not much because no military)

attorney general

Edmund Randolph - state crimes (not much because no justice department)

sec of state

thomas jefferson - suggests interactions with other countries

sec of treasury

alexander Hamilton - has to solve americas economical crisis

what did the tension between jefferson and hamilton create

first 2 party system

What was Hamilton's financial plan?

take on state debts
impose taxs and tariffs
create a national bank

why did he want to take on state debts

to prove to other countries that they were strong and trust worthy

how did north and south feel about washingtons taking on debt

north - happy because they had a lot of debt
south - mad because they didnt create the debt

how would the government bring in money

taxes and tariffs

excise tax

tax at sale on luxury items

tariff

added tax for countries over sea to sell things here

purpose of a tariff

protect american buisness, shields foreign products

purpose of a national bank

creates a bank for the banks

hamiltons view on banks

need one bank, loose interpretation (constitution doesnt say we cant have it), its necessary and proper, implied power

TJ view on the bank

giving the government too much financial power, strict interpretation (not stated in constitution), banks should stay on a state level

compromise

hamilton gets national bank, capital goes to south (washington DC)

first major domestic challenge

Whiskey Rebellion excise tax on whiskey

who does the tax on whiskey effect

farmers in western PA

Washington's response to the Whiskey Rebellion

gathered troops to prove the power of the federal government

significance of washingtons response to whiskey rebellion

establish federal supremacy

french revolution 1789

french ppl overthrew the king, bloody and controversial

cause of the french revolution

king gave millions to the colonists and went bankrupt, to get the money back he taxed citizens

consequences of french revolution

triggers 20 years of war in europe

what were the sides in french revolution war

france vs all of europe and england

federalist view on french revolution

they would support england if they had to chose although they didnt really want to support either

jeffersonian view on french revolution

support france because they helped us get our independance

proclamation of neutrality

washington decided to issue a statement saying that we should stay neutral in foreign affairs (be friendly and trade but dont involve military)

what is the impact to the proclamation of neutrality

no one is happy. france europe and citizens of US all mad at washington

issues with england

england seizes our merchant ships going to france
block us from trade in west indies
england arms natives in northwest
refuse to abandon forts in northwest

how does jefferson think we should handle the issues with england

go to war

jay treaty

england would withdrawl their troops when they wanted
allow trade with west indies to resume
no agreement about the natives
compensation for seized ships (but will still seize ships)

what was everyone thinking about washington because he wouldnt go to war with england

that he was soft

what was the reason washington didnt want to go to war with england

because our military wasnt that strong and we were still a new country

frenchs reaction to jay treaty

they seize our ships and tension increases w france

Washington's Farewell Address

warns against factions/political parties because they cause seperation
warns against entangling alliances because it will pull them into conflict
maintain trade relations

george washingtons presidency

precedents established
two terms
use of cabinet
neutrality IN EUROPE

issues in the election of 1796

adams vs jefferson causes tension between both sides, adams wins but jefferson is VP because he got 2nd most votes so rivals had to work together

bio and background of adams

from NE stock, federalist, highly educated, liked books, not easy to get along with and sensitive

adams strenght

intelligent

adams wife

abigail, loved each other very much, she shaped a lot of his policy

adams weakness

vindictive and thin skinned

issues with france

angry because of the jay treaty
seize american ships to disrupt trade

how does adams handle the issues with france

sends delegates to work out an agreement because he doesnt want to go to war

XYZ affair

adams sent delegated to french foreign minister, they demanded money before they would talk, america refuses

what is the outcome of the XYZ affair

american and french ships go against each other

quasi war

naval war

federalist view on issues with france

we should put money into building our military so we can fight france instead of using the money to make an agreement

how do federalists get control of the house and senate and executive branch

call themselves the anti france party

once federalists have power of congress what do they do

pass a series of laws

naturalization act

Act that increased the time to become a US citizen from 5 to 14 years

goal of naturalization act

pushed back ability to vote so new immigrants that wanted to vote with jefferson had to wait

aliens friends act

Any non-citizen suspected of plotting against the government in either peacetime or wartime could be deported.

alien enemies act

in the event of war, the president has the power to arrest, imprison, and deport all members of the enemy nation

sedition act

made it illegal to criticize the government

what did the sedition act violate

1st amendment

when did the sedition act expire and why

after adams left office so it couldnt be used against him if he happened to be in a minority

reaction to sedition act

fights between senate men

response to alien and sedition act

kentucky resolution and virginia resolution

kentucky resolution

written by jefferson; introduced nullification; states have right to judge laws made and if be, declare laws null and void

Virginia Resoultion

written by madison, also introduced nullification

end of adams and jeffersons life

jefferson beats adams in next election, they reconcile and both die on the 50th aniversary of dec of independance

the good of adams presidency

kept us out of war (persevere neutrality)
peaceful transfer of power in congress

the bad of adams presidency

broken relationship w france
political parties become entrenched