-
a) May-Sept. 1787
Philadelphia
Founding fathers
Convened to establish better gov't
b) Articles not very effective
New system of gov't needed
c) Majority vote
Divided convention
-Virginia Plan
- National legislature made up of 2 houses
- Members of each house based on state population
Federal gov't established
- Equal representation for each state
- Congress has power to tax and regulate commerce
- Tabled
Frequent arguments -
a) 1787
Grand committee (appointed by Constitutional Convention)
Resolved problem of representation
b) Disagreements within Constitutional Convention
Virginia/New Jersey Plan
c) New legislature
- states represented in lower house by population
(slaves count as 3/5 of a person)
- states represented by 2 members each in upper house
- not permitted to tax exports
- Congress forbudden from imposing duty of more than
$10/head on slaves -
Constitution:
- Supreme Law of the land
- Nobody allowed to defy constitution
- Prevents tyranny through checks & balances/separation of
powers
- 2 Chambers of Congress
- Divides power b/t states and the nation Federal Gov't:
- Broad powers
- Allowed to: tax, regulate commerce, control currency, pass
necessary laws -
Checks & Balances:
- Prevents autocracy/tyranny
- 3 branches of gov't
- Legislative, Judicial, Executive
- Each branch responsible for keeping the other 2 "in check" Separation of Powers:
- Each branch of gov't in charge of different tasks
- Inherent in checks & balances
- Designed to protect from despotism believed to have emerged
in England -
- Divided power b/t state and national govt's
- States given specific riights, all others go to nation
- Nation given specific rights, all others go to states
- Designed to protect from "tyranny of the people"
- Nation needs protection from unchecked power of popular will
- Only members of House of Rep. elected directly by the people
-
1) 3/5 compromise
- slaves counted as 3/5 person
- believed to only fo 3/5 work a free man did
- served in determining basis for direct taxation and
representation
2) Regulation
- Southerners feared power to regulate trade would interfere
with cotton economy
- new legislature not permitted to tax imports
- congress forbidden to tax >$10 per imported slaves
- congress has no power over slave trade for 20 years -
- Written by Alexander Hamilton, John Jay, and James Madison
- Written under pseudonym Publius
- Series of essays made into a book
- Expressed meaning and virtue of new Constitution
- Among greatest contributions to political theory
-
Federalists:
- Constituion created order
- Support of 3 most important political philosophers
- Alexander Hamilton
- James Madison
- John Jay
- aka Publius
- wrote The Federalist Papers
- Saw meaning and virtue in constitution Anti-Federalists:
- Defended principles of Revolution
- Constitution would estbl. tyrannical govt
- New govt would put an end to individual liberty
- NO BILL OF RIGHTS -
a) - 1789
- Passed by Congress
- Established Supreme Court
b) - Needed one court to hold official judicial power
c) - 6 members of Supreme Court
- Chief justice & 5 others
- 13 district courts w/ 1 judge each
- 3 circut courts of appeal -
Approved by Congress
10 amendments
9/10 placed limitations on Congress by protecting individual rights First Amendment:
Protects rights to:
-Freedom of Speech
- Freedom of religion
- Freedom of the press 10th Amendment:
- Gives states all powers not delegated to federal gov't by
Constitution -
a) Alexander Hamilton
Government to assume national debt
b) Wanted national control of debt
c) Capital moved from Philadelphia to Washington D.C.
Growing skepticism
Opposition of Madison, Jefferson, & Randolph -
- Started when Frecnh govt went to war w/ Britain
- 1st challenge: French diplomat Edmond Genet
- outfitted French warships in American ports
- 2nd challenge: Great Britain
- 1794
- Royal Navy seized American ships engaged in trade w/ French
-
a) 1794
Pennsylvania
Farmers refused to pay tax on whiskey & terrorized tax collectors
b) Washington-Hamiltan excise tax on distilled whiskey
c) Washington raised army of 15k
- rebellion quicky collapsed
People now intimidated by gov't -
- National Bank
- collect taxes
- provide loans & currency
- keep track of government's bonds
- National Debt
- new bonds given out as old bonds paid off
- never-ending
- Taxes
- Tax on alcohol distillers
- Tax on imports
- National Bank
-
Goals:
- Secure British compensation
- Demand british withdrawal
- Negotiate new commercial treaty Reality:
- Settled conflict w/ British
- Estbl. American sovereigty in Northwest
- Reasonable relations bt America & Britain -
- 1795
- Spain
- Spain recognized American right to navigate Mississippi
- Spain agreed to to fix boundary bt Florida where Americans wanted
-
Alien Act:
- Made it harder for foreigners to become citizens
- Discouraged immigration
- Encouraged foreigners to leave Sedition Acts:
- Allowed govt to prosecute those who participated in sedition
- Possible for gov't to stifle any opposition BOTH:
- Opposed by Republicans (Anti-Federalists)
- Republicans wanted a reversal -
Kentucky Resolution:
- Written by Thomas Jefferson Virginia Resolution:
- Written by James Madison BOTH:
- Based on John Locke's ideas
- Federal gov't only had certain delegated powers
- States had right to nullify laws if central govt exceeded iit powers -
- Presidential election
- Ugliest election in American history
- Adams portrayed as a tyrant
- Rumor of Jefferson affair w/ slave on his plantation
- Jefferson tied with Aaron Burr -Thomas Jefferson elected
-
- "An Economic Interpretation of the Constitution of the U.S."
- 1780s crucial to conservative business interests
- such men wanted gov't to promote industry & trade & protect private property
- Constitution = economic document written by those whose interests were at stake
- Articles might have formed a satisfactory gov't
-
- Constitution not product of single intelligence or large consensus
- Comprised of many different views and opinions
- No fixed meaning, but "not infinitely malleable"
-
1787
Most creative political thinker of his generation
Created Virginia Plan
Drafted most of the Constitution of 1787
Decided (along w/ contemporaries) that power flows from people -
Republicans (Anti-Federalists):
- Believed organized political parties should be avoided
- Should instead focus on public good
- Felt Federalists encouraged tyranny
- Led by Thomas Jefferson & James Madison
- Believed they alone represented national interests
- Applauded French Revolutionists
- Anti-Aristocratic -
- Articles of Confed. = weak
- Need for order & structure
- Need for organization
- Post-Revolutionary uncertainty
-
Articles:
Weak central gov.'t but strong state govt's Constitution:
Strong federal/central gov't and weaker state gov'ts
Rights divided between state & federal govt's -
Federalists:
- Controlled govt for 12 years
- Originally led by George Washington & Alexander Hamilton
(secretary of the treasury)
- Pro-Constitution
- Hamilton proposed gov't take charge of national debt
- Wanted to create large & permanent national debt
- new bonds issued as old bonds paid off
- Wanted to create National Bank
- provide loans and currency
- safe place for gov't to deposit general funds
- collect taxes
- Wanted America to become a nation w/ wealthy ruling class -
- 2nd president -Federalist
- Beat Thomas Jefferson by 3 electoral votes
- Few political skills
-
- John Adams
- allegedly stayed up all night on last night in office to appoint Federalist judges
- New officeholders aka "midnight appointments"
- John Adams
