US History ch 8

I. Launching the New Government

A. Getting Started

Cabinet • President George Washington organized three departments in the executive branch--- the department of State, Treasury, and War, justice • Thomas Jefferson headed the Department of State (Secretary of State) • Alexander Hamilton became the secretary of the treasury • Henry Knox headed the War Department • Edmund Randolph became attorney general to provide legal counsel for the new administration • These advisors took the collective name “cabinet” and played a key role in the first and future presidential administrations
Courts • Congress passed the Judiciary Act of 1789 • 3 district courts • 3 circuit courts for appeals • 6 Supreme Court Justices

• Washington appointed John Jay as the Supreme Court’s chief justice • The Judiciary Act of 1789 provided that state court decisions could be appealed to the federal court level if constitutional questions were involved. It made it clear that federal courts was supreme over the state courts

Congress • The First Congress accomplished many things. a. Bill of Rights b. Organization of the executive and judicial branches c. Secured financial stability

• James Madison was a leader in the House of Representatives • Congress decided to call the president “Mr. President” • Congress had to figure out how to resolve a huge national debt without raising taxes

B. Bill of Rights • The Bill of Rights were the first ten amendments to the Constitution

a. Freedoms of conscience and expression (1) b. The security rights of the individual (2-4) c. Guarantee of fair judicial procedures for the accused. (5-8) d. Further restrictions on national powers (9-10)

• The first amendment is the most fundamental of the amendments. It protects the freedoms of religion, speech, press, assembly, and petition

C. Hamilton’s Plans • Hamilton published four influential reports a. Resolving the nation’s debt problem b. Establishing a national bank c. Encouraging manufacturing and economic expansion

• Most of his proposals were shaped into law. He was described as “the greatest administrative genius in America”

Report On Public Credit

• Hamilton’s Report on Public Credit called for government debt to be paid • Debt funding proposed that the federal government to use bonds as currency. The plan was approved by the 1st Congress • Assumption required the national government to takeover all state debts a. Madison and Hamilton disagreed b. A compromise led to a new capital being built—Washington DC

National Bank • Hamilton wanted a national bank a. To issue uniform currency b. To offer business loans

• Madison and Jefferson challenged the constitutionality of a national bank • How to interpret the Constitution? a. Loose constructionists advocated more flexibility on a given issue b. Strict constructionists held to a closer reading of the constitutional text

• Washington signed the bill creating the first National Bank

Essay 1: 2 Approaches to interpreting the constitution

Loose constructionists advocated more flexibility on issues. They argued that the Constitution gave the authority to do whatever was “necessary & proper” to fulfill its duties. Essentially, if the Constitution specified an end, then unspecified means could be used to reach that end. Those who held to a closer reading of the constitution were known as strict constructionists. They believed that anything the constitution did not specifically permit was prohibited. For instance, they argued that Congress had no specific authority to charter a national bank II. Emerging political parties

• The founders feared that political parties would rip America apart • During the 1790s, two opposing political groups emerged: the Federalists and the Republicans (or Democratic-Republicans)

a. Federalists might be called “Hamiltonians” or “Monarchists” b. Democratic-Republicans were called “Jeffersonians”, “Madisonian” or Republicans (not the modern party)

• Washington had political divisions in his own cabinet

A. Cabinet Conflicts • Jefferson and Hamilton were polar opposites • Two essentially different views of America were reflected in regional and economic differences

Federalists - Democratic Republicans
Federalists were most popular in New England and on the Atlantic coast
- most popular in the South and West
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They favored strong, though limited, central government and weaker state governments
- They trusted the common man and favored strict interpretation of the Constitution
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\ B. Foreign Feuds  The French Revolution erupted in 1789, just months after America inaugurated its new constitutional government  According to the 1778 Treaty of Alliance, America was obligated to come to the aid of France during wartime  Many Republicans favored a pro-French policy, whereas Federalists were decidedly pro-British  President Washington issued a Proclamation of Neutrality toward both nations

Citizen Genet • Citizen Genet, the French ambassador, gathered enthusiastic followers wherever he went on his grand tour of the United States. He wanted to arouse pro-French sentiment • Washington was not impressed by Genet. He remained the ambassador that the US was neutral • The country was deeply divided
Jay’s Treaty • In 1793, the British began attacking American ships and practiced impressment-seizing American sailors and forcing them into British naval service • John Jay was sent to settle American and British differences • Jay returned with a treaty that seemed to gain little from Britain • The Jay Treaty was probably the best agreement that could be reached • Jay’s negotiations achieved one outstanding result—they avoided war with Britain C. Whiskey Rebellion • The liquor tax was the first time that the new government had imposed an internal tax. Many were opposed to it • In western Pennsylvania, discontent turned into violence against the government • Washington summoned militiamen to crush the Whiskey Rebellion and took command of them personally • This was the only time a president personally led troops while occupying the office

Daniel Boone

In 1792 Kentucky became the 15th state in the union
Daniel Boone blazed a trail called the “Wilderness Road” through the Cumberland Gap, and it became the main route of early settlers to Kentucky

D. Washington’s Farewell • Washington’s Farewell Address looked to the future • He warned about 3 dangers a. Political parties b. Accumulating debt c. Permanent alliances with any portion of the foreign world

III. Declining Federalist Influence

A. The Election of 1796 • The Federalists selected John Adams as their presidential nomination with Thomas Pinckney as vice president • Republicans nominated Virginian Thomas Jefferson for president with Aaron Burr as vice president • John Adams became president with Jefferson as vice president • A mixed administration of political adversaries was not a good combination

Essay 2: The Decline of the Federalist Party

After the first 2 elections, which Washington won overwhelmingly, the partisan debate began. The close election demonstrating that the Federalists’ power was loosening in the face of the growing Republican challenge. Though Adams faced much opposition during his term, he did not make decisions based on his concern for his own political future. The Alien and Sedition Acts were originally intended to help the Federalism but in the end the Republicans’ cause was advanced. The Federalists lost control of the executive and legislative branches, though they remained in control of the judicial branch

B. Quasi War • French hostility toward the United States following the Jay Treaty was intense • This “Quasi War” (a conflict resembling war but without the formal declaration of war) with France occupied much of Adams’s time in office

XYZ Affair • In 1797, French antagonism led Adams to send three diplomas to negotiate with the revolutionary government in France • The French demanded money and Americans were outraged at the request • President Adams used the letters X, Y, Z for the names of the French agents • The episode soon became known as the XYZ Affair

2. Retaliation • French arrogance in the XYZ Affair raised a cry in America: “Millions for defense, but not one cent for tribute.”

a. Congress authorized larger army b. Congress formed a Department of the Navy and funded a strong shipbuilding effort

• Adams sent a peace commission to France even though he knew he would lose support from his own party. He renegotiated with Napoleon, and France promised to leave American ships alone and to suspend the Treaty of Alliance

C. Alien and Sedition Acts • The anti-French sentiment caused some Americans to accept the Alien and Sedition Acts • With the Alien and Sedition Acts, the Federalist-controlled Congress sought to silence their political opponents • The Alien acts placed restrictions on immigrants and gave the president greatly expanded powers to expel or imprison such individuals • The Sedition Act outlined penalties for antigovernment activities and made it illegal to speak or write anything “treasonous” • The Sedition Act was unconstitutional

Kentucky and Virginia Resolutions • Jefferson responded to the acts by writing the Kentucky Resolutions • Madison responded by writing the Virginia Resolutions • Both lists of resolutions opposed the acts as a violation of the First Amendment • The resolutions claimed that the states could nullify government acts that the states considered unconstitutional • The nullification theory would gain importance a generation later

D. The Election of 1800 • The Republicans chose Thomas Jefferson and Aaron Burr again • The Federalists picked John Adams and Charles Pinckney • Jefferson and Burr tied at 73 votes apiece • As stipulated in the Constitution, the election was decided by the House of Representatives • Jefferson became president with Burr as vice president • Soon after the election, the Twelfth Amendment was added to the Constitution. It called for electors to cast sperate ballots for president and vice president

The Midnight Appointments • In early 1801, Adams appointed the Federalist John Marshall as chief justice of the Supreme Court • Congress passed the Judiciary Act of 1801, which increased the number of federal judges • Adams was accused of staying up until midnight before Jefferson’s inauguration, signing commissions for the new judges • The appointments were thus called the “midnight appointments”

E. A time to Heal • Several years after Adams and Jefferson both retired, they began corresponding again and became friends again • Their friendship illustrates the attitude of the 1790s • After some maturing, the political parties brought healthy competition, not open conflict, to America Essay 3: Flaws in the Presidential Election System

In the 1796 election, the winning presidential candidate and the candidate with the 2nd greatest number of votes were from opposing parties. The founders’ original idea had been that the candidate with the most votes would be president and the candidate with the 2nd greatest would be vice president. In the 1800 election, nearly the same situation occurred, but the Republican electors discovered that their presidential and vice president candidates tied in the Electoral College. Consequently, the election was thrown into the House of Representatives , here the Federalist-controlled Congress got to choose which of their 2 opponents they wanted for president. Later the 12th amendment was added to the constitution to prevent such an occurrence in the future