• The national government was weaker than the national government

Articles of Confederation

Structure/Function

• Confederation

• One branch - Legislative

• Unicameral

• Each state has anywhere from 2-to 7 representatives

• Each state only received one vote on legislation

• 9/13 had to vote to pass legislation

Weakness

• Allowed the states to print money, so different currencies developed

• No national taxes

• No national militia - states could refuse

• No national judiciary - only state courts could try you

• No executive branch - nothing to enforce any legislation

• National government cannot regulate foreign trade or interstate commerce

Accomplishments

• Treaty of Paris 1783 - Ends the Revolutionary War and recognizes America as a foreign nation

• Land Ordinance of 1785 - Set up ways in which Western lands could be sold and generated revenue for the Federal Government

• Northwest Ordinance of 1787 - Set up a system for territories into statehood, set up a Bill of Rights for the area, and created territories where slavery was not allowed

Shays’ Rebellion

• Daniel Shays said that the state governments were forcing taxes on people

  • Massachusetts gov was charging high taxes on farmland

  • Farm foreclosures and debt imprisonment were prevalent

• Shays rallied farmers and soldiers and occupied Massachusset’s courthouses

  • Took a lot of time and different militias to shut down the rebellion

  • Lead to fears of weak state militias that could not unite in times of crisis

• Shays and his army attempted to rob a state militia armoury

  • Rebellion was stopped

• Cut taxes and allowed farmers more time to pay debts

Constitutional Convention

• Philadephia Convention

  • Had to be ratified by 9 states

• Federalists support the Constitution and strong central power

• Anti-Federalists do not want the centralization of government and adoption of the Constitution

• Both wrote papers to attempt to convince the public to support their side

Bill of Rights

• There was no Bill of Rights in the original constitution

  • Anti-Federalists refused to ratify unless it was added

• Bill of Rights was not added until 1791

Federalism

• Power is divided between the state government and the national government

• Under the Constitution, Federal laws are supreme over all State laws

  • States do have individualism but states must comply with federal law'

• Compliance Order: Constitution → Federal Laws and Treaties → State Laws → Local Laws

Division of Power

• National Powers

  • Coin money

  • Regulate interstate and foreign trade

• Concurrent Powers (Both National and State powers)

  • Levy and collect taxes

  • Establish courts (Federal court system)

• State Powers

  • Conduct elections

  • Establish public schools

Constitutional Powers

• Enumerated powers - Powers specifically stated in the Constitution, given to the Federal government

• Reserved powers - Any powers not given to the federal government are reserved to the states 10th Amendment

• Implied powers - Powers not specifically mentioned or prohibited in the Constitution can be implied

• Concurrent powers - Powers that the Federal and State governments share

Necessary and Proper Clause

• Where implied powers come from

• Imply powers based on what has been directly stated in the Constitution

• Only make implied powers based on what was stated above

• Example: Right to create national bank is stated nowhere, finances however were stated, National Bank is created under Hamilton

Washington’s Presidency

• Was non-partisan

Judiciary Act

• Judiciary Act established a federal court system

• Supreme Court is created in Article 3 of the Constitution

• 94 US District Courts → 13 Circuits of US Court of Appeals → US Supreme Court

Creation of Departments

• Department of State - Deals with foreign wars

• Department of War

• Department of Treasury

• Attorney General was created to lead the Department of Justice

• Cabinet = VP and the leader of each department

Hamilton’s Economic Plan

• A large amount of national debt accumulated during the revolution

• Repay the debt → National government assumes state debts

• Protective tariffs → Tax on certain imported items

• National Bank → Bank for the US to deposit taxes, provide a sound currency and make loans

• Whiskey Tax → Tax on whiskey to raise money from Western farmers

• Southern states refuse to assume state debts → Promise to move the Capitol to the Southern Region

Federalists and Republicans

• Political parties make people run for office and institute ideologies in legislation

• Federalists

  • Stronger central government

  • “Loose” interpretation of the Constitution

    • Wants implied power of the Constitution

  • Favoured close ties with Britain

• Republicans

  • “Strict” interpretation of the Constitution

    • Does not want implied powers

  • Foreign policy sympathized with France

Jay’s Treaty

• Supposed to uphold neutrality

• British troops will abandon forts in the old Northwest

  • British received concessions for this request

• Preserved trading with Britain

Concessions

• America will pay merchant debts to Britain from before the Revolution

• No compensation for slavery → British took freed many enslaved people when they left and they would not repay slave owners

• No protections against impressment: People would be kidnapped and forced to join the British Navy

Whiskey Rebellion

• Tax used to help pay off the national debt

• Pennsylvania farmers would make grain into whiskey to travel to port cities

• Whiskey tax would cut into their profits

• Farmers and distillers would protest and rebel against the tax

• Washington would squash the Whiskey Rebellion through powers gained in the Constitution

  • Utilize the national militia through presidential power and enforce the law

  • Had a different outcome than Shay’s Rebellion

11th Amendment

• Supreme Court ruled in 1793 (Chisholm v GA) that 2 South Carolina men could sue and collect debts from the State of Georgia

• States can be sued when:

  • A matter of federal law was at issue

  • State can be sued by its own citizens

Precedents Set

• Being called Mr. President

• Creating a cabinet

• Declaring neutrality in European affairs

• Using the army to enforce the law

• Retiring after 2 terms

  • Not constitutionally required until the creation of the 22nd Amendment in 1951

Election of 1796

• 1st Election with political parties

• Revealed the President and VP can be from different political parties

  • Whoever received the most votes became president and the second most became vice president

• John Adams became president

  • Federalist

• Thomas Jefferson became VP

  • Democratic-Republican

Tensions with France

• France was upset about our policy of neutrality and Jay’s treaty (1794)

  • Stated that the treaty favoured Great Britain

• French began attacking American merchant ships trading with Britain

• Americans stopped paying war debts to France

XYZ Affair

• Adams sent a group of 3 American men to France to negotiate peace

  • Met by 3 French agents called X, Y, and Z

• Said Americans needed to pay a bribe to talk to the French ambassador

Quasi-War

• Congress expanded the US Navy and authorized them to attack the French navy and privateer ships

• The US or France never declared war

  • Both countries continued capturing merchant ships

• The Convention of 198000 ended the undeclared war

  • Treaty of Mortefontaine

  • Re-established trade relations between the US and France

Alien and Sedition Acts

• Alien Acts

  • Allowed the government to deport any noncitizen that they believed was a threat

• Sedition Acts

  • You could be fined or imprisoned for printing/stating anything bad about the President or Congress

  • Was unconstitutional and protested by many

  • Federalists were in support of this, as this would protect them

• The Virginia and Kentucky Resolutions were written in response

  • Argued that states could nullify federal laws

  • Argued the unconstitutionality of the Alien and Sedition Acts