The New American Government

The election of 1789 saw George Washington made President (no one had stood against him). John Adams became his Vice President.

What problems faced the New Government?

  • USA was far from united

  • Rhode Island and North Carolina were still not part of the union

  • Nation had an untried Constitution

  • They had no revenue or machinery for collecting money

  • No judiciary department existed

  • Had no navy and its army consisted of 672 officers and men

  • Western borders open to Native American attack

  • British and Spanish troops still occupied parts of the national territory

A lack of revenue would be an important issue as the naiton had no way to fund itself to improve. A lack of an army is also important since they are a new country, they are more vulnerable to attack from Native Americans, the British and Spanish

The Judiciary Act 1789 

This created a hierarchical system of federal courts. Top - was the Supreme Court (with a Chief Justice – John Jay & 5 associate judges), beneath were- district courts in each state, & 3 circuit court of appeals. The act also said the Supreme Court could judge if decisions made by state courts were unconstitutional & overrule decisions made at state level.

  • This helped to maintain control as we see them being able to intervene at state level

The Bill of Rights

The First Amendment protects freedom of religion and freedom of speech and of the press.  It also protects the right of peaceful assembly and to petition the government.

The Second Amendment protects the right to keep and bear arms, for the purpose of maintaining a militia.

The Third Amendment prohibits the quartering of troops in any house during peacetime and allows it in times of war only in a lawful manner.

The Fourth Amendment protects against unreasonable searches and seizure and requires a search warrant before a search can take place.

The Fifth Amendment requires indictment by a grand jury before a person can be charged with a serious crime.  It also prohibits a person from being tried twice for the same crime (double jeopardy) or from being forced to be a witness against himself (self-incrimination).  It protects against deprivation of life liberty or property without due process of law (due process clause).  It also prohibits the taking of private property without just compensation.

The Sixth Amendment provides important rights for criminal defendants, including the right to a speedy and public trial, to a trial by an impartial and local jury, to be informed of the charges against him, to be confronted by witnesses against him, to compulsory process for obtaining witnesses, and to have a lawyer.

The Seventh Amendment preserves the right to a trial by jury in most civil cases.

The Eighth Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishments.

The Ninth Amendment makes clear that the enumeration of some rights shall not be interpreted to deny other rights retained by the people (although it does not indicate what those rights may be).

The Tenth Amendment reserves all powers not given to the federal government, or prohibited to the states by the Constitution, to the states or to the people.

  • It addressed the issue with property - 4th and 5th

  • 10th addresses the issue of power being with the people

  • Fairness in crimes

  • Freedom in thought

How to raise money?

By introducing the Bill of Rights, North Carolina and Rhode Island both agreed to ratify the new constitution. Congress then passed 2 new measures to help the economy:

  • 5% taxes put on most items - higher on items such as steel, molasses, tobacco, cloth that came from outside of America

  • Tonnage Act 1789 - US ships had to pay a duty of 6 cents per ton, US built but foreign owned ships had to pay 30 cents, foreign built and foreign owned had to pay 50 cents.

Higher taxes outside of the US to protect domestic industry and encourage domestic growth.

Higher duties paid on foreign ships to again promote domestic growth.

How did Washington create the role of President?

Election of 1789 – Federalists gained control of both houses of Congress, Washington was chosen as President by the Electoral College, John Adams who came second – became Vice President.

Each week Washington held an open-house reception (opening himself to the general public). He also dismissed titles such as ‘Highness’ or ‘Majesty’ as suggested by John Adams- sticking with just ‘President’. John Adams was elected Election of 1789 – Federalists gained control of both houses of Congress, Washington was chosen as President by the Electoral College, John Adams who came second – became Vice President.

August 1789

Washington went to the Senate to discuss some draft reaties with the Native Americans but the Senate refused to discuss the matter in his presence.

The Senate likely acted this way since they wanted more independence over the matter and didn’t want Washington to preside over the matter.

Federal Civil Service

In 1789, Washington set up new depatments of government - state, treasury, war, attorney general and postmaster general.