unit 6 moc

unit6-pt1

The Debate Over Ratification

Federalists vs. Antifederalists

Federalists: support the federal union and ratification of the new constitution.

• Leading Federalists: James Madison, Alexander Hamilton, John Jay (write the Federalist Papers to argue in favor of the ratification of the US Constitution).
• Much more organized than Antifederalists.  
• Made up of merchants, businessmen, large property owners, lawyers, judges (generally, people that will benefit from a stronger national union).

Antifederalists: against the new constitution which they saw as aristocratic.

• Favored a small republic, a government that was close to the people, and one that promoted popular participation.  
• States were seen as the government that best protects the rights of the people and carries out the primary business of government.  
• The national government exists to give the states an external strength none of them could manage on their own.  
• Leading Antifederalists: George Clinton, Patrick Henry, Richard Henry Lee, George Mason.  Included farmers, rural artisans, laborers, shopkeepers (localists).

Antifederalists push for the inclusion of a bill of rights.  Which is added to the Constitution as the first 10 amendments.

All 13 states vote to ratify.  In some states, the vote is close, in others it is a landslide.

The Federal Government Launches

In the Election of 1788, the Electoral College chose 57 year old George Washington as the first president and John Adams as the first Vice President.

In 1789, Congress created the Departments of State, Treasury, War, and the Office of the Attorney General.  

Washington chose Thomas Jefferson to be the Secretary of State, Alexander Hamilton to be the Secretary of the Treasury, and Henry Knox as the Secretary of War, and Edmund Randolph as Attorney General.

Congress passed the Judiciary Act of 1789, establishing the federal court system with district courts in each state, 3 circuit courts to hear appeals, and a Supreme Court.

By 1791, the Bill of Rights was passed.

First Amendment

“Congress shall make no law respecting an establishment of religion” - Establishment Clause - no official religion, creates a separation between church and state, government cannot support or promote any particular religion, nor can they outlaw anything on the basis of religion.

“or prohibiting the free exercise thereof” - Free Exercise Clause - Includes the allowance for almost all religious practices, with a few exceptions (like human sacrifice), within a school setting, this includes the allowance for students to pray individually and make religiously-based clubs, but no full-school prayers

“or abridging the freedom of speech” - Very broad, can be applicable to internet use, and for symbolism like wearing a symbol for a belief or a symbolic action.  For example in the case Texas v. Johnson (1989) the Supreme Court upheld the right to burn the American flag. This includes the right to stay silent.  Some limitations can occur during wartime.  This is only applicable to Congressional laws; private organizations (like social media) can censor.  Limitations: Slander (knowingly telling lies intended to hurt a person’s reputation), true threats to do crime, misleading advertising.  Historic limitations: Speech that presents a clear and present danger (yelling fire in a theater), Schenck v. United States (1919).  Current limitation:  the government cannot punish inflammatory speech unless it will or is likely to produce imminent lawless action  - Brandenburg v. Ohio (1969).  In school, First Amendment rights apply to the point in which it does not interfere with the learning process - Tinker v. Des Moines (1969)

Freedom of the Press - The right to report and share information, especially about the government.  Limitations - libel (slander in written form)

Freedom of peaceful assembly - Right to hold meetings without government interference - Public can use the streets to protest - Limits: riots and attempts to overthrow the government

To petition the government - government cannot purposefully keep your petition from being heard

Second Amendment - Right to Bear Arms

Reads that state governments can have militia and individuals can bear arms.  Two interpretations: the rights are separate (states can have militias and individuals have the right to bear arms) or the rights are linked (the right to bear arms as part of a militia). In D.C v. Heller (2008), the Supreme Court decided that individuals have a right to own legal weapons for lawful personal defense unconnected to service in a militia.  Limitations: age, type of gun, and background (certain people can’t get guns), permits, waiting (cooling off) period.

Third Amendment - No Quartering of Troops in Private Homes

No forced quartering of soldiers, Reaction to the British Quartering Acts, Limitations - time of war or rebellion

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4th Amendment - Search Warrants

• Need probable cause in order to obtain a warrant
  • Can only be given for a specific person to search a specific place
• People should be secure in their own homes
• Direct response to writs of assistance
• Exceptions are given for personal safety in situations that are definitely dangerous
  • exigent circumstance
• There are a few exigent circumstances:
  • Automobile: cars can be searched without a warrant to prevent chances of leaving crime scene. Only applies to things in plain view.
  • Plain view: If something is in plain view then police can use it as evidence without needing a warrant. Applies if you invite a police officer into your home.
  • Danger: If there is a definite cause of danger, police can interfere. Also called Probable Cause.

NJ vs TLO

• Girl accused of smoking in high school bathroom
• Was running a smoke sail ring
• Lawyer said that 4th amendment rights were violated

5th Amendment - Trial by Jury

• Protection against self-incrimination: Individuals cannot be compelled to testify against themselves in criminal cases (“pleading the Fifth”).
• Double jeopardy: Prohibits being tried twice for the same offense after an acquittal or conviction.
• Due process clause: Ensures fair legal procedures before depriving a person of life, liberty, or property.
• Eminent domain: The government must provide just compensation when taking private property for public use.
• Grand jury requirement: Serious federal criminal charges must be initiated by a grand jury indictment (with exceptions for military cases).

6th Amendment - Right to Speedy Trial

• Right to a speedy trial: Ensures defendants are tried without undue delay.
• Right to a public trial: Promotes transparency in the justice system.
• Right to an impartial jury: Guarantees a fair trial by an unbiased jury in the state and district where the crime occurred.
• Right to be informed of charges: Defendants must be notified of the nature and cause of accusations against them.
• Right to confront witnesses: Allows cross-examination of prosecution witnesses.
• Right to compulsory process: Enables defendants to subpoena witnesses in their favor.
• Right to legal counsel: Ensures the accused has access to an attorney, even if they cannot afford one.

7th Amendment

• Right to a jury trial in civil cases: Guarantees a trial by jury for civil lawsuits involving disputes exceeding $20 (a significant amount at the time of ratification).
• Preservation of jury findings: Prohibits courts from overturning a jury’s factual determinations except as allowed under common law.
• Applies to federal courts and civil cases (non-criminal disputes) involving money, property, or other private rights.
• Does not apply to state courts, but many states provide similar protections under their constitutions.

8th Amendment

• No excessive bail: Prevents courts from setting bail amounts that are unreasonably high, ensuring fairness in pretrial detention.
• No excessive fines: Prohibits fines that are disproportionately large in relation to the offense.
• No cruel and unusual punishment: Bans punishment that is considered inhumane, degrading, or grossly disproportionate to the crime.

9th Amendment

• Unenumerated rights: Affirms that the listing of specific rights in the Constitution does not mean other rights are denied to the people.
• Protects individual liberties not explicitly mentioned in the Constitution, ensuring the government cannot infringe on those rights simply because they are not listed.
• Acts as a safeguard to prevent a narrow interpretation of the Bill of Rights.
• Ensures that the Constitution remains adaptable to recognize rights as society evolves.

10th Amendment

• Federalism: Reserves powers not delegated to the federal government by the Constitution, nor prohibited to the states, to the states or the people.
• Reinforces the principle of limited government and state sovereignty.
• Ensures a balance of power between the federal government and the states.
• Reflects the framers’ intent to limit federal authority and preserve state autonomy.

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Hamilton’s Financial Plan

• Redemption Plan
  • Report on Public Credit aimed to ensure that new and underdeveloped nation had good credit and could secure future loans
  • Debts would be paid back by selling new bonds
  • Gives America more credibility
• Assumption Plan
  • Federal govt pays off dent of the states and to other countries both
  • Ensures loyalty of states and of other nations
• Compromise
  • Capital is built along Potomac river in the south
  • Gained support of southern states
  • Government paid off all debt
  • New bonds taken out to pay off old bonds to buy the US time

Building the Nation’s Economy

• Hamilton asks congress to charter a national bank
  • Jointly owned by private stockholders and the federal government
  • Bank handles govt funds, loans to merchants, promotes trade, economic growth, and encourages investment
• Jeferson and Madison opposed the plan, thinking it was an overly broad interpretation of Congress’s power
• Excise tax: indirect tax on whiskey when it is shipped
• Report on Manufactures encouraged factories to open in order to strengthen the economy, and encourages americans to buy manufactured goods

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Hamiltonians vs Jeffersonians

Hamilton: Wanted to create a central bank for the United States - Democrats

Jefferson: Believed in Laissez Faire, wanted to leave economy to the people - Republicans

To the Jeffersonians, the central bank would symbolize the elites controlling the government, only giving loans to their friends.

• Farmers and people in the south did not like this as it did not benefit them
• Coddling american businesses, preventing them from being better

To the Hamiltonians, who were mostly bankers in rich cities, wanted to develop manufacturing of textiles and enforce tariffs

• Taxes on imports
• Encourage the development of homegrown products in favor of imports Artificial Inflation of imports in order to get rid of competition
• Farmers needed to import in order to get tools

Government is favoring the north in order to protect manufacturing businesses

• Hurts southern farmers in the process

Aristocracy

America is an Aristocracy based on merit and hard work

• The smartest quickly rise to the top

However, there is concern about factory workers that would slave away all day in filthy factories

• Person who does the work does not receive the money
• majority of citizens

Jeffersonians offered an alternative vision

• Economy not based on manufacturing, based on agriculture
• Middle class farmers that owned land - Yeoman
• Expanding liberty, land owning, security to as many people as possible
• Wealthy would corrupt the government

First Political Parties

Federalists	Democratic Republicans
Manufacturing Economy	Agrarian Economy
Pro Tariff	Anti Tariff
Pro Britain	Pro France
Federal Power	States’ rights
Pro Bank of US	Anti Bank of US
Loose Interpretation of Constitution	Strict interpretation of Constitution
Hamilton	Jefferson
Practical - Grow nation	Idealist - Defend freedom

Washington’s Presidency

Dominated by Foreign Affairs

• Stems from French Revolution that took down the aristocracy
  • Seen as a threat to the order of Monarchial Europe
  • Starts the French Revolutionary Wars
• America is a key ally of the French
  • Jeffersonians: Sympathize with core values of democracy and constitutionalism
  • Hamiltonians: America is broke, has no army, no navy, and no funds to support France
• Passes Neutrality Proclamation
  • Will not support either side, but secures trade with both nations
  • America has ample resources to take advantage of the war

Whiskey Rebellion

Farmers inspired by the French Revolution mounted a rebellion to protest the Whiskey Tax and attacked tax collectors

• Washington raises an army and disperses the rebels
• Shows legitimacy of Washington’s position as President

Haitian Revolution

Wealthy French colony of Saint Domingue is inspired by American Revolution to stage a slave uprising

• Leads to abolition in the colony

Troubles with Britain

Britain and France both try to stop trade to the other as they are both getting supplies from America

• British navy captures American ships
• Impress American sailors Washington sends John Jay to settle the issue, returns with Jay’s Treaty

Jay’s Treaty

• Accepts British rights to stop neutral ships bound for France
• British agreed to give up forts in Northwest
• America is number one trader for Britain
• US had to pay back all pre-war debts to Britain

This pisses off both France and Spain

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Washington’s Farewell

Washington steps down and does not seek a third term, starting tradition of 2 terms per president.

Washington’s advice

• No political parties
  • Requires unity
  • Nation of different environments
  • Not followed
• Constitution is broad
  • Elastic clause makes constitution unspecific
  • Anything can be called a necessary power
  • Can be applied to different situations
• *First amendment gives power to group together and have your own opinion
  • Differing ideas of how to run a country
• *Politically neutral with Europe
  • Trade, dont ally
  • Dont get brought into wars outside of US
  • Followed to an extent
  • US joins NATO
  • First ever permanent alliance
• *Encourage religious participation in order to keep people virtuous and moral
• *Think nationally, not locally
  • Do what is best for the nation as a whole, not your individual state
  • Civil war

Adam’s Presidency

• John Adams beats Jefferson
• Presidency is dominated by foreign affairs

Jay’s Treaty and Adam’s Pro-British policies angered the french who began seizing American ships headed to Britain

XYZ Affair

Millions for defense but not one cent for tribute

Congress cuts off trade with France, authorized privateering against French vessels

This starts an undeclared war called the Quasi-War

Response to the Quasi-War

Infamous set of laws passed called the Alien Sedition Acts

Naturalization Act

• Citizen requirement brought from 5 to 14 years
• Federalists say it is necessary because:
  • Make sure that you cant just migrate and become a citizen
  • Keeps people loyal for 14 years

Alien Act

• President can deport any foreigner that seems dangerous
• Federalists say it is necessary because:
  • Suspicious people need to be taken out if they are not loyal in order to protect the country
• Republicans criticize it because:
  • It targets specific people, and is a lot of power to give to a president unchecked

Sedition Act

• Prohibited publications insulting Congress
• Federalists say it is necessary because:
  • It will be able to prevent uprisings and conspiracies
• Republicans criticize it because:
  • It is a direct violation of the first amendment

Kentucky and Virginia Resolutions

• Puts forth a states rights interpretation of the constitution, where states have the right to judge the legitimacy of federal govt.
• Response to sedition act
• Violates Article 6 of the constitution

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