APUSH Period 3 Unit B

Constitution and the New Republic

Need for Revision of Articles

The United States operated under the Articles of Confederation from 1781 to 1787.  The weaknesses of the Articles and the effect of Shay’s Rebellion illustrated that the country could not overcome critical problems.

An attempt was made to improve commercial relations between the states in 1786 at the Annapolis Convention (Maryland), but only five out of the thirteen states were represented.

Congress approved another meeting of such in Philadelphia “for the sole and expressed purpose of revising the Articles of Confederation.”

The Constitutional Convention

This time twelve states were represented.  Only Rhode Island did not send delegates to Philadelphia.  

The “Constitutional” Convention’s 55 delegates were:

1. White males.

2. Most were college-educated.

3. Most were young (40ish).

4. Most were relatively rich.

They voted to keep the proceedings of the convention secret until their work was complete.

The very nature of the delegates brought them to the attention of one of America’s most respected historians—Charles A. Beard.  In 1913 Beard put forth his work, An Economic Interpretation of the Constitution.

Beard argued that the delegates to the constitutional convention were “advantaged” and therefore the Constitution was biased toward protecting their interest of wealth and property. 

The delegates elected George Washington as chairman of the convention.  Other founding fathers “assumed responsibilities”.  

James Madison was called the “Father of the Constitution” because of his ability to write the complex specifics of the document.

Benjamin Franklin (81 years old), elder statesman of the convention, provided unity and a calming influence over the convention.

Others did not attend.  Thomas Jefferson was in France and Patrick Henry opposed the expansion of federal power.

Conflict at the Convention

The most divisive issue that had to be addressed by the convention was that of representation.  Large states such as Pennsylvania and Virginia felt as if they should have more representation under the new government since they had larger populations.  This plan, submitted by James Madison, was called the Virginia Plan of Government, or Large State Plan.  

The large states said that representation should be based on population.  The Virginia Plan was countered by the New Jersey Plan or Small State Plan. The New Jersey Plan called for all states to be equally represented in Congress. 

As a solution to the problem, Connecticut presented a plan called the Great Compromise.  The Great Compromise as a solution to the problem, Connecticut presented a plan called the Great Compromise.  The Great Compromise called for a two-house Congress (bicameral).  The lower House of Representatives would be based on population, while the upper Senate would be based on equal representation.  

Since the House of Representatives would be based on population, the issue of slavery had to be addressed.  A compromise was reached to determine a state’s level of representation.  A slave would be counted as 3/5 of a person, thus 1000 slaves would count as 600 people.

Ratification Debate

Once the constitutional convention completed its work, the document began its long road down the ratification process.  The framers knew that all 13 states would not embrace the constitution, so the approval would need only nine out of the 13 states.  

The argument for or against ratification focused on the strength of the Constitution.  Everyone agreed that it would create a strong central government.

Those who supported the Constitution and a strong central government were called Federalists.  

Opponents to the Constitution and those that feared a strong central government were called Anti-Federalists. 

As the argument to ratify the Constitution, an organized campaign to endorse the document was presented in a series of essays called the Federalist Papers.  The Federalist Papers were co-authored by James Madison, Alexander Hamilton, and John Jay.

The Federalist Papers presented logical reasons to support the Constitution.  At first, the Papers were published anonymously because the three Federalists believed that their name recognition would turn people off to taking an objective look at the arguments in favor of the Constitution.

The main issue against the Constitution was that it contained no Bill of Rights.  The Federalists argued that it was better to assume that the Constitution protected all rights of the people and that a listed Bill of Rights could assume that “unlisted” rights were not protected.

In order to secure ratification, the Federalists finally agreed that the first order of Congress under the new Constitution would be to add a Bill of Rights.  

Delaware, New Jersey, and Pennsylvania were the first states to ratify the Constitution.  Independent Rhode Island was the last.  

The country began operating under the new Constitution in 1789.  As promised, the Bill of Rights was ratified by the states and is known as the First Ten Amendments.

1. Freedom of press, speech, religion, assembly, and petition.

2. The right to keep and bear arms.

3. Quartering soldiers.

4. Search and seizure.

5. Due process/double jeopardy.

6. Speedy and public trial.

7. Trial by jury.

8. Bail, cruel and unusual punishment.

9. Rights not mentioned are guaranteed.

10. Powers not delegated belong to the states and the people.  

Washington’s Administrations

The Electoral College, as prescribed by the Constitution, elected the president.  George Washington was the unanimous choice.

Washington appointed a cabinet as required. 

*Thomas Jefferson-Secretary of State.

*Alexander Hamilton-Secretary of Treasury.

*Henry Knox-Secretary of War

*Edmund Randolph-Attorney General 

*John Adams-Vice President 

The country’s financial difficulty was the most pressing problem faced by the country and the Secretary of Treasury.  To place the country on sound financial recovery from the war years and the inefficiency of the years under the Articles, Alexander Hamilton presented his financial program.  It contained three parts. 

1. Pay off the national debt at face value and assume state debt (war debts).

2. Develop industry and protect it with a high tariff.

3. Create a national bank that would create a stable currency.

Hamilton’s Financial Plan was a remarkable statement of Federalism or Nationalism.  The assumption of states’ debts and the obligation to pay the national debt at par would “glue” the country together.  

The key to Hamilton’s plan was gaining the support of the Secretary of State, Thomas Jefferson, and his supporters.  Hamilton and Jefferson began a conflict that would later develop the modern-day political parties.

Even though Jefferson did not support Hamilton’s Financial Plan, he agreed to it if the Hamiltonians would support the idea of locating the new proposed capital of Washington in Virginia, along the Potomac River.  This was called logrolling.  The new capital would be named Washington D.C.

Hamilton also had to overcome a problem of state war debt assumption.  Some states, like Virginia, had claims to “western lands”.  Other states, like Maryland, did not.  An argument was made that states with claims to western lands could sell the lands to pay off debt.  

States that had western land surrendered their claims and Congress established orderly procedures for dividing and selling the land at reasonable prices.

The most controversial portion of Hamilton’s Financial Program was the creation of a National Bank of the United States.

On this issue, Jefferson could not agree. His argument rested on the fact that the Constitution did not grant such large implied powers to the federal bank.  Banks were state institutions.  

Hamilton took a broader view of the Constitution. Since the Constitution gave the government enumerated powers (powers that are listed), the Constitution also must give the government the power to carry out those that are listed.

Hamilton claimed that the Constitution’s necessary and proper clause supported his view.  This clause became known as the elastic clause b/c it was stretchy depending on who was interpreting the issues.

Washington supported Hamilton on the issue and the “privately owned’ Bank of the United States received a 20 year charter. 

The bank issue set the tone that would deepen the conflict that was developing between Hamilton, the loose constructionist, who was a broad interpreter of the Constitution, and Jefferson, who voiced a narrow view, or strict interpretation of the Constitution.  

Strength of the Constitution

The tariffs set by Congress did not generate enough revenue to pay the government’s debts.  Hamilton persuaded Congress to pass excise taxes to make up the difference.  Whiskey came under tax.

In western Pennsylvania, whiskey was distilled and was used as a form of revenue.  The corn-raising, whiskey brewing farmers revolted, attacking revenue collectors and refusing to pay.

In response, Washington federalized 15,000 state militia and placed them under Hamilton.  The Whiskey Rebellion collapsed without bloodshed.

Significance of the Whiskey Rebellion: As much as the rebellion of Daniel Shay proved that the Articles of Confederation were too weak, the results of the Whiskey Rebellion proved the power and resolve of the new Constitutional government.  

Foreign Policy Issues

Washington’s first term as president began in 1789….so did the French Revolution.

The American people generally supported the French people and their new Republic due to French support in the American Revolution.  The American prided their influence in “causing” the French Revolution as a continuation of free people rising up against oppression. 

The horrors of the Reign of Terror made some support for France fade, but the alliance between France and the colonies was still intact.  The new French Republic challenged the young United States to uphold their end of the agreement.

Washington knew that young America was not strong enough to fight a European war against the enemies of France, including Britain, Russia, and Prussia.

Resisting popular demand, in 1793 Washington issued a Proclamation of Neutrality.

Hamilton was pleased that Washington was not going to rock the boat of the very new U.S. and Jefferson, furious over the decision, resigned as Secretary of State.  

The Proclamation of Neutrality continued to evolve U.S. policy.  The French minister to the U.S., “Citizen” Edmund Genet broke all normal rules of diplomacy by yielding directly to the American people to support the French cause. Washington requested that the French government remove Citizen Genet.  He then quit his position as French minister, married, and became a U.S. citizen.  

Not only was Washington concerned with the French, he was having trouble with remaining neutral against the British, who were impressing U.S. merchant sailors and seizing their merchant ships.

Britain was also supplying the Indians in the American northwest (Ohio) with arms and encouraging the Native Americans to attack the frontier of the expanding Americans.  The impressing of the American sailors on the high seas and the enticement of the Indians in the Northwest seemed as a designed plan to occupy Washington’s administration, preventing the U.S.’s resolve to ally with France on the European continent.  

To solve the Indian problem, Washington commissioned “Mad” Anthony Wayne to the Ohio country and he crushed an Indian coalition at the Battle of Fallen Timbers in 1794.

The Indians agreed to sign the Treaty of Greenville 1795.  In this treaty, the Indians surrendered their claims to the Ohio Territory.

To deal with the impressment issue, Washington sent Supreme Court Chief Justice John Jay(first Supreme Court Chief Justice of the United States)  to negotiate with the British.  The resulting treaty was unpopular with the American people, but Washington was more concerned with maintaining neutrality. 

Jay’s Treaty addressed the evacuation of British forts and the British presence that still existed in the northwest, but the treaty did not mention the impressment issue.  **There was a ton of public fall out due to lack of addressing impressment.  

Spain became concerned that the U.S. and Britain might become “closer together” and Spain’s North American colonies would be at risk.  To secure its relations with the U.S., Spain negotiated a treaty with the U.S. minister to Spain, Thomas Pinckney.  Conditions of Pinckney’s Treaty:

1. Granted the U.S. free navigation of the Mississippi River.

2. Granted the right of deposit at New Orleans.

3. Established the 31^st Parallel as the southern boundary of the United States between the U.S. and Spanish Florida.

The Organization of Political Parties

After the debates about the Constitution between the Federalists and the Anti-Federalists, it was understood that political parties would develop as a permanent feature of the American political system.

The development of political parties centered around the political philosophies of two men, Alexander Hamilton and Thomas Jefferson.  The issues that solidified the formation of political parties were Hamilton’s Financial Program and the French Revolution.

The party that developed around Hamilton was called the Federalist Party.

The party that developed around Jefferson was called the Democratic Republican Party.  

As the political parties were becoming better organized Washington announced that he would retire at the end of his second term.  A long term result was that later presidents would follow this example—(until FDR broke the precedent in the 1940 election for a third term and then, 1944 for a fourth).

Washington’s Farewell Address 

Washinton’s Farewell Address to the U.S. was published in newspapers in 1796.  His message served as a warning to the American people.  Two policies were heeded to; two were not.

1. Do not get involved with European affairs.

2. Do not make permanent alliances.

3. Do not form political parties.

4. Avoid sectionalism.  

The election of 1796

Federalist John Adams vs. Democratic Republican Thomas Jefferson

Adams won by three electoral votes, and according to the Constitution, the person who finished second would become vice president.  The country now had a Federalist president and a Democratic-Republican vice-president.  The problem of electing the vice-president was changed by the 12^th Amendment. (Ratified in 1804)

Adam’s Administration

Foreign Policy Issues

As we know, the French Revolution had a great impact on the formation of Washington’s neutrality proclamation, Jay’s Treaty, Pinckney’s Treaty, the Genet Incident, and the organization of political parties. Troubles related to the “ongoing” French Revolution also challenged Adams’ presidency.  Neutral United States merchant ships were being seized by the French war ships.

Adams sent a delegation to France to negotiate the issue with the French government.

Three French spokesmen met with the delegation.  They told the American delegation that in order to do business with the French government, they must pay for the privilege!  A bribe of $250,000 was entailed.  The French spokesmen were identified as only X, Y, and Z.

The French also viewed Jay’s Treaty as an American alliance with England.  This would violate the Franco-American Alliance of 1778. The American delegation returned home where the X, Y, Z Affair was viewed as a slap in the face to the American Republic.  A very popular battle cry in the form of a slogan stated, “Millions for defense, but not one cent for tribute!”  The United States and France fought an uneventful war at sea.  Adams decided to send a new minister to France.  This time the envoy was received by the new ruler of France, the ambitious Napoleon.  Napoleon was more than ready to rid himself of his American problem….He was busy trying to “redraw” the map of Europe.  

The two countries agreed to smooth over their relationships and end the fighting, even though the American people clamored for war.  Adams, like Washington, knew that the country was not strong enough for war.   In addition, they agreed in the form of a treaty to bring the Franco-American Alliance to an end (at the Convention of 1800).

More Political Division

Even though Adams avoided all out war with France, his Federalist packed Congress passed several laws toward immigrants, who, when they came into the country, supported the Democratic Party. Why?  (Refer to the chart at bottom of notes that compare the new  political parties)

The three laws Congress passed are referred to the as the Alien and Sedition Acts:

1. Qualifying time for immigrants to become citizens increased from five to fourteen years.  (Naturalization Act)

2. The Alien Act authorized the president to deport any aliens considered “dangerous”.

3. The Sedition Act made it illegal for newspapers to criticize the president or Congress.

Of course, this was a clear violation of Constitutional Rights (which one), but the Supreme Court had not yet established the concept of Judicial Review.

Since the courts had no avenue to challenge the Alien and Sedition Acts, two state legislatures took up the fight on the behalf of the Democratic-Republican party.  

The Kentucky legislature adopted a resolution written by Thomas Jefferson.  

The Virginia legislature adopted a resolution written by James Madison.

The Kentucky and Virginia Resolutions argued the “Compact Theory of Government”.  Since the national government was created by the states, the states were the final judges of whether the federal government “overstepped” its authority or not.  “Water cannot rise above its source.”  

If a state felt as if the federal government exceeded its constitutional authority, the action could be nullified within that state. The immediate crisis over the Alien and Sedition Acts faded, but became a major issue in the 1830s and also became a cause of the Civil War. (States’ Rights/slavery).

Revolution of 1800

According to the rules in the Constitution, each elector of the Electoral College had two votes, one for president, and one for vice president.

Adams: Federalist vs. Jefferson Democratic-Republicans

Jefferson won, bringing the Democratic Republicans to power, and then…a problem developed.  Jefferson’s vice presidential candidate, Aaron Burr, received the same number of votes as Jefferson because each elector had two votes.  So Jefferson and Burr were tied.  A tie, according to the Constitution, could only be broken by a vote in the House of Representatives.  At this time, the House was controlled by the lame-duck Federalists.  After several ballots, Hamilton, even though he didn’t like Jefferson, persuaded the Federalists to elect Jefferson.  The Age of Jefferson began in 1800.  Jefferson called the election a revolution b/c it was a transfer of power and ideology.  Some historians refer to the election as the peaceful revolution b/c it proved that America’s democratic system was working even amidst different parties/ideologies.