Unit 3

Early National Period (1787-1824) 

• Constitutional Convention 

  • Issues (slavery, voting, principles of democracy) 

  • Compromises (federal v. state power, Bill of Rights) 

  • Ratification debate 

• Purpose of convention was to revise the articles of confederation. Became apparent that a new constitution was needed instead. Two sides formed.

• Federalists: urban citizens with commercial background, wanted stronger central government

• Anti-federalist: rural citizens that wanted states to have same amount of power.

• Different plans for how the people would be represented in the new government

• Virginia plan: representation based on population, favored by big states, small states didn't like

• New jersey plan, equal representation regardless of population, favored by small states, big states didn't like.

• Led to the great compromise: legislative branch split into two houses (bicameral congress), house of representatives based on population and senate based on equal representation with two votes per state.

• Question arose about how to account for enslaved population. Southerners had a bunch of slaves and wanted all slaves to be counted, would boost their power in the house, northerners had relatively few slaves and did not want slaves to be counted.

• Three-fifths compromise: for purposes of representation all enslaved people would be counted and three fifths of that number would be how many seats were added to the state's house representation.

• New constitution that provided more robust central government, made sure to create checks and balances by creating three branches: legislative, executive, judicial.

• New constitution sent to states for ratification.

• Federalists wrote persuasive essays to support constitution. Alexander Hamilton, John Jay, James Madison all wrote essays to convince American public of the merits of the new constitution.

• Anti-federalists argued against the ratification of the constitution by pointing out that it did not include a bill of rights which would set out liberties and protections for individuals against the federal government

• Federalists succeeded, very persuasive and agreed to add a bill of rights when constitution was ratified. In march of 1789 the constitution went into effect.

• Desire to define a distinct American culture after revolution. State and national leaders proposed ambitious plans for public education, artists painted historical themes. Notable artists were Charles Willson Peale and Samuel Jennings.

• First government under new constitution set many new precedents. George washington first president, John Adams vice president. Washington establishes departments of the treasury, state, war, and justice. Hamilton first secretary of the treasury (created Hamilton's financial plan)

• Hamilton's financial plan: federal government assumes state's debts, creation of a national bank

• Critics of national bank argued that there was no provision for a national bank in the constitution. Hamilton invokes elastic clause of the constitution which states that congress has the right to make any law that is necessary and proper in order to carry out its other responsibilities. He argues that since congress was responsible for taxes and regulation of interstate commerce, a bank was necessary.

• Washington and Hamilton were federalists so strengthening the central government made perfect sense.

• Foreign policy issues 

  • French Revolution 

  • Washington's Farewell Address 

  • Native Americans 

  • Access to Mississippi (Spain) 

• America stays neutral during French revolution of 1789.

• Whiskey rebellion of 1794: Hamilton created a policy that put a tax on whiskey. Made and consumed mainly by poor frontier farmers. Farmers attacked tax collectors in anger. More easily put down thanks to new constitution allowing Washington to federalize 4 state militias and use them to end rebellion.

• Thomas Jefferson and James Madison (both democratic-republicans) thought that the debt plan and national bank and response to whiskey rebellion were clear signs of federal overreach.

• George washington decides not to run for a third term, shocking.

• Washington farewell address: cautioned the nation against the formation of political parties, getting entangled in foreign (especially European) alliances.

• John adams second president.

• War breaks out between Britain and France. Adams intends for America to stay neutral but French keep seizing American trade ships. Adams sent delegates to france to negotiate a settlement. French diplomats demanded a bribe before even starting negotiations. When word got back to America, the french diplomats were identified as X, Y, Z which gave the situation the name the XYZ Affair. Outrage shared by all Americans, regardless of political party.

• Adams scared of dissent in America so federalist dominated congress passed the Alien and Sedition acts. Made it legal and easy to deport any not citizen of the United States. Aimed at growing population of Irish and Scottish immigrants who opposed Federalist's support of Britain. Alien and sedition acts made it illegal to publicly criticize the government.

• Democratic republicans enraged about the alien and sedition acts, clear federal overreach. Virginia and Kentucky resolutions created in response. These resolutions argued that any blatantly unconstitutional law passed by federal government can be nullified by the states.

• John adams not elected to a second term, thomas jefferson elected instead.

• Congress passed the indian trade and intercourse act to deal with increasing conflict between Indians and Americans. Regulated relationships between settlers and indians. Settlers largely ignored, westward migration increased, conflict increased with American indians and the British who supported them.

• Tension with spain due to westward migration on southern frontier border. Pinckney treaty created in response. Decided once and for all where the border was between US and Spain (at the 31st parallel)

• As America settled into independence, distinct regional attitude towards slavery began to arise. In northern states the number of free blacks rapidly rose. New Jersey granted free slaves that owned land the right to vote. The first African american church denomination created in philadelphia (african methodist episcopal church). In the south, black population was mostly slaves, number of slaves increasing rapidly. New legislation in slave made it almost impossible to free slaves.

• Slaveholders began to migrate westward, brought enslaved people with them and established slavery in places where it didn’t exist before.

• Domestic issues 

  • Regional significance regarding positions on social, political, economic, and foreign issues 

    • Rise of political parties 

    • Federal v. State power (Marshall Court, ENP presidencies) 

  • Expansion of slavery in the South

• Two main debates when Thomas Jefferson elected, US relations with other nations and the power of the federal government.

• Barbary Pirates: Washington and Adams paid Barbary states of North Africa in exchange for protection for American merchant ships. Jefferson opposed to paying bribes to engage in trade and stopped paying Barbary states. Barbary pirates lifted their protections and began attacking American ships. Jefferson sent US navy to retaliate, things escalated, Jefferson administration ends up negotiating a reduced payment.

• Democratic republicans championed a strict constructionist view of the constitution: federal government only allowed to do what was explicitly written in the constitution.

• Federalists were loose constructionists: more flexible with what federal government could do that wasn't written in the constitution.

• Jefferson saw opportunity to gain navigation rights on the Mississippi river in New Orleans after the Haitian revolution which was in french territory in North America. Sent James Monroe with 2 million dollars to secure rights for land from Napoleon. With haiti lost, Napoleon had little use for louisiana and said that America could have all of louisiana for 15 million. Monroe took the deal.

• Jefferson a strict constructionist and had moral dilemma. Nothing in the constitution that explicitly stated that president could buy land. Justified purchase by saying that owning the land would make removing natives easier, european influence cut which would help trading, also created potential for Jefferson's dream of an agrarian society of yeomen farmers rather than trade and manufacturing nation that federalists wanted.

• After purchase was complete, congress appropriated funds for a corps of discovery led by mary weather lewis and william clark. Began in 1804

• Further expansion of federal power during this time due to supreme court decisions, spearheaded by chief justice john marshal (federalist).

• Marbury vs Madison: before Jefferson elected, congress passed the judiciary act which created 16 new spots for federal judges. Adams appointed federalist judges to fill new spots before leaving office. One of those judges was william marbury, way to insure continued federal influence in the courts.

• Jefferson not happy about Adam's political move with the judges and as a result his secretary of state James Madison does not deliver some of those appointments.

• Led by Chief justice John Marshal, supreme court decides that under judiciary act, Marbury deserves his spot. During this case, supreme court declares that it is the final interpreter of the Constitution (judicial review) and that the judiciary act was unconstitutional. After judicial review, court decides that Marbury would not receive his commission.

• Mcculloch vs Maryland: as a result of this case, supreme court decided that federal law trumps state law, increased power of federal government.