unit6-sg

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• Federalists

• Leaders

• James Madison, Alexander Hamilton, and John Jay (were co-authors of the Federalist Papers)

• More organized than the Antifederalists

• Arguments

• Supported the federal union and the ratification of the new Constitution

• The national government exists to give the states an external strength none of them could manage on their own

• Federalist Papers

• Series of essays written by the Federalist leaders to promote the ratification of the Constitution

• Federalist 84

• Argues against the Bill of rights and that it could be dangerous

• Base of Support

• Made up of merchants, businessmen, large property owners, lawyers, and judges (more established individuals)

• Would benefit from a strong central government, which could help with trade, increase economic power, secure fishing rights, and other benefits

• Risking the chance of tyranny for more money and economic power

• Anti-federalists

• Leaders

• George Clinton, Patrick Henry, Richard Henry Lee, George Mason

• Arguments

• Against the new constitution, which they saw as too aristocratic 

• Distrusted the federal government

• The House of Representatives, the house of the people, would always have their proposals shot down by the aristocratic Senate and Presidency

• Favored a small republic, which was closer to the people, and one that would promote popular participation

• States were seen as the government that protects the rights of the people and carries out the primary business of government

• Base of Support

• Included farmers, rural artisans, laborers, and shopkeepers (localists)

• Feared tyranny from the Constitution, and didn’t want big international trade as the Federalists did.

• Bill of Rights

• The Antifederalists pushed for the inclusion of a bill of rights, which is added to the Constitution as the first 10 amendments

• Antifederalist arguments for:

• Feared a tyranny of the federal government over the states, and a tyranny of the upper class of the lower class

• Thought that the elastic clause (the necessary and proper clause) of the Constitution was too vague, and would allow the federal government to do anything it wanted

• Federalist arguments against:

• Believed that a bill of rights would be superfluous, since there were already limits on Congress’ power in the Constitution (separation of powers, limited government, checks and balances)

• Feared that a bill of rights would be dangerous, as it could be taken that rights not explicitly stated could be denied

Ratification

• All 13 states voted to ratify the Constitution
• In some states, the vote was close, while in others, it was a landslide

Bill of Rights - First 10 Amendments

• Amendment I

• Establishment Clause - no official religion of the United States

• Unlike England prior to the revolution— If you were a religious minority then you couldn’t do much; the government merely tolerated your existence

• Free Exercise Clause - you can practice whatever religion you want

• Freedom of speech, the press, to assemble, and to petition the government

• Limits on freedom of expression

• Slander - knowingly spread falsehoods with intent to defame through speech

• Libel - knowingly spread falsehoods with intent to defame through writing

• Clear and present danger - yelling “fire!” in a crowded theater; you are presenting a clear and present danger in your speech

• Rights can be reasonably limited in the interest of public safety; if you are going to harm someone else by exercising your first amendment rights then you can be limited by the government

• Amendment II

• Right to bear arms - individual right to bear arms

• As a nation born by the gun, this is important to the people

• Self defense— is it truly free to be in fear for your life?

• Argument that weapons are the last check on governmental systems.

• Reasonable limits apply - you can’t own a bazooka, an ICBM, and in most states a flamethrower

• Right of states to raise a militia

• Should we read the two clauses separately?

• This is the big argument of the second amendment - is the right to bear arms predicated off of being in the militia or are the rights to have a weapon and rights to keep a militia separate

• Amendment III

• The government cannot quarter troops unless prescribed by law in certain cases, such as in the Civil War

• Reaction to the Quartering Act- the people in the new United States did not want soldiers coming in and staying at their houses, one of the reasons why they rebelled against Britain.

• Amendment IV

• Protection from Unreasonable Search and Seizure

• In this is a right to privacy, whether it be clothes, bags, cars, houses etc.

• The federal government can’t just search you whenever they want, whether it is unreasonable or reasonable

• Generally meant to protect people

• The police need a warrant approved by a judge

• Probable Cause - Warrant needs proof that it will result in evidence of criminal activity 

• Is limited by time and place

• Amendment V

• A Grand Jury, made up of 23 citizens, must indict someone of a capital crime in order for them to go onto trial

• No double jeopardy— you cannot be tried twice for the same instance of a crime

• Protection from testifying as a witness against yourself (pleading the Fifth)

• Due Process Clause - You cannot lose your natural rights (life, liberty, and property) without a legal process that is due to you; the government cannot just arbitrarily deny you your rights

• Consists of many parts: you must be charged with a crime, have access to an attorney, a fair and unbiased jury of your peers, and you must be found guilty by that jury

• This clause was used to argue against the banning of slavery in the northwest territories. If a slave went into the northwest territory they were no longer a slave and slave owners used this to argue their right to property was being infringed upon without due process 

• Eminent Domain - The government can take your property for public use, but you must be fairly compensated at market value

• Amendment VI

• All criminal trials must be reasonably fast and public

• Juries must be impartial 

• Trials must occur in the state where the crime was committed

• You have the right to know the charges being pressed against you

• You can confront witness and call witnesses in your favor

• Right to an attorney

• Amendment VII

• Jury trials in civil cases (Non criminal)

• Amendment VIII

• No excessive bail; no cruel and unusual punishment

• Bail is paying money in order to not stay in jail while you wait for criminal cases. The amount you are fined is returned to you, and it also depends on the severity of the crime and how rich you are.

• Amendment IX

• The Bill of Rights is not be used against the people (since it is impossible to list every possible right out there)

• Amendment X

• All powers not claimed by the federal government in the Constitution belong to the states

• Exemplifies the principles of limited government and federalism, as the federal government only has some powers, and all other powers left to the states

Election of 1788

• The Electoral College chose the 57-year old George Washington as the first President, and John Adams as the first Vice President

• Immensely important, as Washington would be setting the example (precedents) for future presidents 

• Example: Washington set the precedent for Presidents only running for two terms (only broken by FDR, fixed by 22nd amendment saying that presidents only get 2 terms as a limit)

• Questions over how the president should act, what the president should be called, how should the president dress, etc. (setting precedents)

• Had to strike a balance of being respected by the people, while simultaneously having to be a man of the people

Washington’s Presidency

• First Cabinet

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

• Washington chose:

• Thomas Jefferson as the Secretary of State

• Alexander Hamilton as the Secretary of the Treasury

• Henry Knox as the Secretary of War

• Edmund Randolph as Attorney General (Represents the United States as the chief Prosecutor)

• Laid the foundation for future political parties

• Judiciary Act of 1789

• Established the federal court system, with district courts in each states, 3 circuit courts to hear appeals, and a Supreme Court, (Challenged later on by Madison v Marbury, where a section of the Act was declared unconstitutional, giving the Supreme Court the power of judicial review)

• Bill of Rights passed in 1791

• Hamilton’s Financial Plan

• Redemption Plan (US credit redemption arc)

• Hamilton’s Report on Public Credit (1790) aimed to ensure that the US had good credit, so it could secure future loans and get them more cheaply

• Proposed that the US pay out 55 million dollars in bond at face value, held by foreign and domestic investors, to increase confidence

• The face value of the bonds far exceeded their market value, since confidence in the US was low (think speculators)

• Would have rewarded wealthy speculators that bought bonds at discounted prices from the lower classes

• Was a controversial decision, as it created greater class division between the rich and the poor

• Moral argument— should we be supporting people who took advantage of the poor?

• This would be paid for by taking out new bonds worth $77 million (a new loan to pay back the old one— buys you more time)

• Assumption Plan

• Hamilton proposed that the federal government add an additional 22 million to the national debt by paying off the debt of the states

• Would increase confidence in the states’ ability to pay off future loans

• Was opposed by the Southern states, since they had largely paid off their loans, and saw the plan as benefiting the Northern states

• Argued that it rewarded the poor financial management of the northern states

• Nation’s Capital

• To compromise and gain the support of the Southern states, Hamilton proposed the nation’s capital be built along the Potomac River, between Virginia and Maryland

• The capital had previously been located in New York where many of the big banks were located

• Fear that financial interests would be entangled with political interests, causing corruption

• Southerners didn’t want them bigwig New York bankers sticking their noses in to the government, and wanted to keep an eye on the government

• Jefferson also distrusted bankers, believing that cities and bankers were corrupt

• Bank of the United States

• In December 1790, Hamilton asked Congress to charter a federal bank, which would be jointly owned by private stockholders and the Federal government, Bank of the United States

• Banks establish a line of credit, allowing the growth of the economy, increased prosperity, and increased tax revenue

• The goal was to handle government funds, make loans to merchants, promote trade, help with economic growth, and encourage investment

• Was very controversial

• Jefferson and Madison opposed the plan, stating that it was an overly broad interpretation of Congress’s power (May have stretched elastic clause too much)

• Issue over interpretation (loose v. strict constructionism) of the Constitution

• Nonetheless, in 1791, Congress created the Bank with a 20-year charter

• Whiskey Tax

• Imposed an excise tax on whiskey distilled in the US

• Excise tax - An indirect tax levied at the moment of manufacture and built into the price

• Leads to Whiskey Rebellion

• Tariffs

• Imposed tariffs on imported goods in an attempt to protect domestic manufacturers from cheaper British goods (Britain had a leg up in the industrial revolution)

• Tariffs help the North, as it protects manufacturers from cheap products made from Britain and shipped to the United States, while it harms the Southern States, which now have to pay extra money in order to buy those products

• Federalists supported these tariffs, while Republicans opposed it

• Report on Manufactures

• Hamilton urged the expansion of manufacturing in the nation, since he saw that as the way to make money (was more profitable than agriculture)

• Was criticized for supporting the creation of an aristocracy in America, created by a factory system that would strip power away from the regular citizen (Loss of freedom)

Differing Visions of American: Hamilton vs. Jefferson

• Hamilton’s financial and economic plans worked, but it split the nation into differing factions that developed into political parties, as there was fear that the nation would be full of indebted wage workers without freedom

• Hamiltonians

• Evolved into the Federalist Party

• Consisted mainly of Northerners

• Believed that there was no point of freedom if they could not protect it with money

• Spoke for northern factories and banks

• Saw manufacturing and trade as the basis of national wealth and power, that would create a governing meritocracy

• Were more pragmatic

• Loose interpretation of the Constitution

• Supported Britain (for the good trade relations)

• Federal Power

• Pro Bank of the United States

• Led by Hamilton

• Jeffersonians

• Evolved into the Democratic-Republican (Republican) Party 

• Consisted mainly of Southerners, such as Madison, who switched sides to oppose Hamilton

• Spoke for southern planters and western farmers

• Opposed manufacturing, believing that wage labor did not create the political, social, and economic independence needed for citizens in a republic

• Saw agriculture as the way of producing many free and independent citizens with less of a divide between the rich and the poor

• Envisioned a nation of independent yeomen (middle-class landowners) farmers, much like what the Land Ordinance of 1785 aimed to do in the Northwest Territory (Jefferson viewed farmers as more virtuous and closer to the earth)

• Were more idealistic

• Strict interpretation of the Constitution

• Supported France (helped us during American War, and had more freedom, even though the US made a treaty with their monarchy not their new republic that chopped off the head of the monarchy)

• State Power

• Anti Bank of the United States

• Led by Thomas Jefferson

French Revolution

• Extent of American Support

• Many Americans, including Jefferson and the Republicans, supported the French for ideological reasons

• Federalists such as Hamilton believed that they were in no position to help France, since they were broke as a joke and still recovering from their own war

• However, many Americans began to turn against the revolution as the radical Jacobins gained control of the Revolution

• Heads began to roll, including Louis XVI and Marie Antoinette

• Closed down churches to promote a more enlightened “Natural Morality” based on reason

• The French Revolutionary Wars were France vs British coalition, and America was unsure about what to do. France helped them win the Revolutionary war and we were allied to them, and this could be an end to monarchy, so Americans were tempted to join.

• Neutrality Proclamation

• In 1793, Washington issued the Neutrality Proclamation, keeping the United States out of the war, but allowed American merchants to trade with all belligerents

• Trade would be challenged, as neither side wanted the US to trade with the other

• Whiskey Rebellion

• In 1791, in Western Pennsylvania, farmers inspired by the French Revolution mounted a rebellion to protest the Whiskey Tax and attacked tax collectors

• Washington, as commander-in-chief, raised a militia force of 12,000 and dispersed the rebels

• Demonstrated the functionality of the federal government under the new Constitution, while Shays’ rebellion demonstrated the weaknesses of the original government under the Articles of Confederation

• Haitian Revolution

• The French Revolution also inspired the Haitian Revolution in the wealthy French colony of Saint-Domingue

• A massive slave uprising in 1791 and 12 years of fighting ultimately led to victory for the former slaves, the abolishment of slavery, and the creation of a republic

• Largely in accordance with American ideals, but the issue of slavery prevented US support

• A paradox in the eyes of Americans

French Revolutionary Wars

• Trade 

• The French Revolutionary Wars proved to be profitable for Americans, as warring nations purchased American grain and supplies in large quantities

• Neither side wanted the US to trade with the other, and soon, the British began seizing American ships

• Problems with Britain

• Britain blockaded French ports, but American merchant ships claimed the right to pass through

• By late 1793, the British had seized 250 American ships

• They were also impressing American sailors for service in the British Navy

• Reports appeared that the British had not given up their western forts and were encouraging Native American allies to attack western settlers

• Washington sent John Jay to Britain hoping to resolve the issue through diplomacy. Jay returned with the controversial Jay’s Treaty.

• Jay’s Treaty

• Accepted Britain’s right to stop neutral ships bound for France and seize their cargoes

• The British agreed to give up their forts and Indian agents in the Northwest territory, agreement to uphold their end of the Treaty of Paris

• Britain granted the US “most favored nation” trading status

• The US had to make “Full and complete compensation” to British merchants for pre-Revolutionary War debts owed by American citizens, agreement that Americans would uphold their end of the Treaty of Paris

• Washington signed the treaty but Republicans criticized it as too conciliatory and too pro-British, but after a long debate in the Senate, it was ratified in 1795

• Pinckney’s Treaty with Spain

• The apparent closeness between Britain and the US outlined in Jay’s treaty caused Spain to take a conciliatory approach with the US on the issue of the port of New Orleans

• Pinckney’s Treaty gave Ameicans free use of the port

First Party System

• Federalists

• Leaders

• Led by Alexander Hamilton

• Platform

• Advocated for a manufacturing economy

• Made money, paid the bills, and allows you to protect the nation 

• Pro-tariff (helped domestic manufacturing)

• Pro-Britain

• Supported federal power (increased federal power would help 

• Pro-Bank of the United States (would help with economic growth associated with manufacturing)

• Loose interpretation of the Constitution 

• Democratic-Republicans

• Leaders

• Led by Thomas Jefferson

• Platform

• Advocated for an agrarian economy

• Against manufacturing, banking, and financing, which they thought were corrupt

• Were also afraid of an urban underclass created by a manufacturing economy

• Anti-tariff

• Pro-France

• Advocated for states’ rights

• Anti-Bank of the United States

• Strict interpretation of the Constitution

Washington’s Farewell

• Stay neutral, avoid entangling alliances (did not apply to trade, since the economy needs to grow)

• Avoid political parties, as they divide the nation

• Importance of checks and balances

• Avoid excessive debt; be responsible with money

• Think nationally, not regionally/locally

• Religious principles promote good morality in a republic (similar to Jefferson’s idea of civic virtue in a republic, but instead of economics, the importance is in religion)

• To what degree did we follow Washington’s advice?

• Neutrality — We had a long isolationist period up until World War II, but then became a world superpower in the postwar period and got entangled in many alliances (i.e. NATO)

• Anti-partisanship — Absolutely not lmao

• Thinking as a Nation — Yes; Civil War showed the triumph of the nation over regionalism

• Religion — our country is fairly religious; a good portion of the United States practice religion compared to other western democracies

• Debt — Not really, since our debt is at an all time high, but we do emphasize the importance of maintaining public credit

• Overall, Washington tried to ensure the longevity of the union by warning against division, (factions) whether it came from outside or from within

Election of 1796

• In 1796, Washington chose to not seek a third term and set the precedent of presidents serving only two terms (honored until FDR sought a third and fourth term in 1940 and 1944)

• Set the stage for the first contested presidential election, between the Federalists and Republicans (First Party System)

• Both parties tried to mobilize popular support by organizing festivals, banquets, and parades

• Washington was not formally affiliated with a political party (though his policies did tend to lean towards the Federalists)

• In the Election of 1796, Federalist John Adams defeated Republican Thomas Jefferson 71-68 in the Electoral College

• Under the original Constitution, Jefferson would serve as the Vice President

• This arrangement cause a lot of issues due to disagreements between the opposing parties

• The 12th Amendment changed the system so that the President and Vice President were elected as a package deal

• The Federalists also held a majority in Congress

John Adams’s Presidency

• XYZ Affair

• Jay’s Treaty and Adams’ pro-British policies angered the French, who began seizing American ships headed to Britain

• Adams sent diplomats Charles Pinckney, Elbridge Gerry, and John Marshall to France to resolve the issue

• French foreign minister Talleyrand attempted to secure a loan and bribe from the American diplomats (If the Americans wanted to negotiate, they had to pay them tribute) (XYZ Affair)

• The French were understandably pretty salty at the Americans for leaving them out to dry after the French had helped them

• Federalists responded with the slogan “Millions for defense, but not one cent for tribute”

• Congress cut off trade with France and authorized privateering against French vessels in an undeclared naval war against France (the Quasi-War)

• Quasi War

• Congress had cut off trade with France, and authorized privateering against French vessels in an undeclared naval war against France

• John Adams and the Federalists argued it was necessary to strengthen the nation during the Quasi War, and in 1798, passed a series a laws (the Alien and Sedition Acts)

• The laws were immensely unpopular, and ruined Adams’ reputation and political career

• Naturalization Act of 1798

• Lengthened the residency requirements for American citizenship from 5 to 14 years

• From the Federalist point of view, it was a necessary measure in order to prevent new French immigrants to move in and sabotage the war effort 

• Was in reality an overtly political act, since new immigrants usually supported the Republican party

• Alien Act of 1798

• Authorized the president to deport any foreigner deemed dangerous without a trial

• From the Federalist point of view, it was necessary to ensure that the US would not be sabotaged by foreigners

• Was seen as incredibly broad and an overstretching of the powers of the President by the Republicans

• Sedition Act of 1798

• Prohibited the publication of insults or malicious attacks on the president or members of Congress

• Federalists believed that it was necessary because opposition might lower morale and mess with the war effort

• Republicans believed that it was unconstitutional because it went against the First Amendment

• Led to the arrest of 20 Republican newspaper editors and politicians, some of whom were convicted and jailed

• Censorship is still relevant today

• WWII Japanese Internment Camps which was upheld by the Supreme Court

• WWI Espionage Act

• New York Times vs. The United States (publishing the Pentagon Papers)

• Kentucky and Virginia Resolutions

• Put forth a states’ rights interpretation of the Constitution, in which the states had the right to judge the legitimacy of federal laws

• Hierarchy of laws: Constitution → Federal Law → State Law

• What if the federal law violates the Constitution? Do states have to listen to that law? Jefferson and Madison argued no.

• Counter Arguments

• Took the bat out of the hands of the Judicial branch, which was supposed to have the power of judicial review

• States could exploit this as a loophole not to follow federal laws

• This opens the door to the state’s rights interpretation of the Constitution, that they can overrule federal laws that violate the Constitution.

• Plays an important role in the future in arguing for slavery