Chapter Six: The Constitution and the New Republic

Alan Brinkley,

American History 14/e

Chapter 6:

The Constitution

and the New Republic

Highlights

Framing a New Government

Federalists and Republicans

Establishing National Sovereignty

The Downfall of the Federalists

© 2012, The McGraw-Hill Companies, Inc. All Rights Reserved.2


– A Weak Central Government--Weak and hiding-

attendance problems-lack of ability to enforce the rules-fear of

rioting war vets—popular because not a remote tyrannical

authority-unpopular because it could not deal with problems of

class and debt-Sons of Cincinnati-pensions

Advocates of Centralization

– Supporters of a Strong National Government—merchants want high tariffs and uniform tax policy, single

navigation policy, the “ Indian menace” etc.

– Alexander Hamilton- 1786 Annapolis MD. Commercial

issues-5 states send delegates-calls for constitutional convention

the next year-need Washington on their side-way to go D. Shay



A Divided Convention

– The Founding Fathers-Young well educated men

representing the large propertied and commercial classes

– The Virginia Plan—Maddison three branches of gov’t-two

house leg. Based on population-lower house elects upper house-

squeezes out smaller states in upper house-William Patterson’s

New Jersey Plan

– Small States versus Large States--representation in

congress, issues of slavery-population and taxes-when do they

count as people and when as property

4


Compromise

– The Great Compromise- Roger Sherman’s two house

leg. House of Reps. Population—Senate equal

The Constitution of 1787

– James Madison- Father of the Constitution Primary author

and defender

– The Question of Sovereignty--belongs to the people—

We the People-(Gouverneur Morris)

– Division of Powers—Federalism-power divided between national

and state governments-Delegated or enumerated powers,

reserved powers, concurrent powers

5


Separation of Powers—National gov’t to have

three branches

Legislative—makes laws-Congress House and Senate

Executive—enforces the laws-President and Cabinet

Judicial Branch--makes sure governments stay with their scope

of power-interprets whether laws are constitutional or not

Each branch has a check on the power of the other branchesAmbition must be made to counteract ambition. The interest of the man must be connected with the

constitutional rights of the place. It may be a reflection on human nature, that such devices should be

necessary to control the abuses of government. But what is government itself, but the greatest of all

reflections on human nature? If men were angels, no government would be necessary. If angels were to

govern men, neither external nor internal controls on government would be necessary. In framing a

government which is to be administered by men over men, the great difficulty lies in this: you must first

enable the government to control the governed; and in the next place oblige it to control itself.



The Limits of the Constitution—really a constitution

for the Whites, of the whites, and by the whites-slaves and Natives—

assimilation was the goal for natives-blacks still subhuman-women

second class citizens


The Federalist Papers(New York Public Library)


Federalists and Antifederalists

– The Federalist—John Jay, Hamilton, Maddison-strong

central gov’t needed to preserve order invigorate trade and

preserve the union, emphasized weaknesses of Articles of

Confederation, showed opponents to be negative Nancy’s with no

attractive alternatives-did not see a need for a Bill of rights-Adams

“Some damn fool”

– The Antifederalists—George Mason, Patrick Henry, John

Hancock-stronger central gov’t would destroy the work of the

Revolution, limit democracy and restrict “states’ rights”-feared new

central gov’t would become tyrannical as it would further from the

people-appealed to fear amongst the common people-poorly

organized slow to respond



Debating the Constitution

Is a Bill of Rights necessary?--Antifederalists-we just

fought a war against tyrannical gov’t- without negative checks on gov’t

power the new gov’t it could become just as dangerous

Federalists—the document already checks federal and state power

through the structure of the gov’t and the size of the union-plus “Some

Damn Fool”



Completing the Structure

– The Bill of Rights

– Amendment 1: Freedom of Religion, Press,

Speech, and Petition.

– One key thing to consider about this right is that

the desire for “freedom of religion” was a large

part of what drew people to the New World in

the first place. In relation to the FRQ, this

amendment could easily be perceived as an

attempt to limit federal power.


The Amendments

Amendment 2: Right to Bear Arms.

– This amendment gives people their right to

keep firearms and weaponry. It is based on the

apparent necessity of a “well regulated militia.”

Based on the implied importance of a well-

regulated militia, this may support the idea of

the Bill of Rights as a way of preventing too

strong of a federal government.


The Amendments

Amendment 3: Protection From Quartering

of Troops.

The Third Amendment guarantees that

citizens cannot be forced to house soldiers.

The context of this amendment is important.

In 1791, after seeing American citizens

forced to house British troops, this was an

incredibly relevant issue.


The Amendments

Amendment 4: No Unreasonable Search

and Seizure

This law indicates the anti-federalist fear of

too much government power. This

amendment can also be difficult to interpret

in court, because it is unclear what counts

as “unreasonable.”


The Amendments

Amendment 5: Right to Due Process,

Protection from Self-Incrimination and

Double Jeopardy, Loss of Property

This amendment is most primarily aimed at

protecting people from being unfairly

accused of a crime. In the context of

creating a new government, it is clear that

Congress feared a corrupt government

unfairly manipulating the justice system


The Amendments

Amendment 6: Right to a Speedy and

Public Trial

The Sixth Amendment protects people who

have lawfully been accused of a crime. The

5thand 6th amendments together make up

for what we now know as Miranda Rights.

Also, when congress created this

amendment, the abuse of power seen from

British monarchs and authorities were fresh

on their mind.© 2012, The McGraw-Hill Companies, Inc. All Rights Reserved.15

The Amendments

Amendment 7: Right to Trial by Jury

This amendment also ensures that a case

tried by a jury should not be “reexamined”

by another court, unless a law specifically

calls for it.


The Amendments

Amendment 8: No Cruel and Unusual

Punishment

The Eighth Amendment also protects those

accused of a crime from bail costs that are

too high, excessive fines, or “cruel and

unusual punishment.” Going back to the

FRQ, it is easy to see how this amendment

is both a response to newfound liberty and

a fear of a government that is too powerful.


The Amendments

Amendment 9: General Rights of the

People

The Ninth Amendment makes it clear that

just because a right is not spelled out by the

Constitution or any of its amendments, does

not mean that right doesn’t exist.


The Amendments

Amendment 10: State Powers

It says that if the Constitution does not give

certain rights to the Federal Government,

then those rights belong to the states. This

is perhaps the most obvious evidence of a

fear of too powerful federal government.


The Executive Branch

The Cabinet— Washington appoints four men as department

heads—Jefferson-state, Hamilton treasury, Knox-war-Randolph

attorney general-part of Unwritten constitution

Judiciary act of 1789 One Chief Justice five associate Justices--shaped lower Fed. Courts-

One federal court per state and three circuit of appeals courts-3 judge

panels

all State court decisions can be appealed to Supreme Court if

Constitutional issue Raised



– Competing Visions

Hamilton and the Federalists—Washington’s

deference to the Legislative branch made A. Ham the defunct leader

of the Federalist cause

– Assuming the Debt—Revolving debt capitalism

(“Capitalism invented in 18th century Adam Smith The Wealth of

Nations 1776)

– Hamilton’s Report on Manufacturing

Protective Tariffs—industry/revenue

National Bank—stabilize banking/credit markets

Nationwide Industrial Economy (North and South)



Enacting the Federalist Program

– Debating Hamilton’s Program

– Location of the Capital

Compromise of 1790

– Bank of the United States

Strict Constructionist vs. Loose Constructionist




Whiskey Tax 1791



The Republican Opposition

– Establishment of the Federalist Party—

Court/Hamilton/Northern Cities-Pragmatic the

elite

– Formation of the Republican Party—

Country/Jefferson/South citizen farmers-

Utopian socialist

– Differences over the French Revolution


Thomas Jefferson(Library of Congress)


Securing the Frontier– Whiskey Rebellion—”You Will Respect My authorita”

– Treaty of Greenville

Native Americans and the New Nation– Indians and the Constitution - "annuity" system: yearly grants of

federal money and supplies of calico cloth to Native American

tribes

Maintaining Neutrality

– Citizen Genet--breaks with diplomatic protocol tries to recruit

American’s directly to support French Washington sends home-he

defects

27

https://en.wikipedia.org/wiki/U.S._Federal_Government

https://en.wikipedia.org/wiki/Calico_cloth

Early Federal Period Conflicts

Washington’s Proclamation of Neutrality

Jay’s Treaty

Pinckney’s Treaty

Washington’s Farewell Address

XYZ Affair / Quasi War with France

Alien and Sedition Acts

Kentucky and Virginia Resolves

Convention of 1800

Bloodless Revolution of 1800

Midnight Appointments



Jay’s Treaty and Pinckney’s Treaty

– Jay’s Treaty 1795– Delays war with Britain,

British remove western forts and open limited

trade with Britain. Fails to end impressment of

sailors and to compensate planters for lost

slaves.

– Pinckney’s Treaty 1795 (Treaty of San

Lorenzo)

Gave US right of deposit in New Orleans and

settled West Florida Boundary Dispute.

-- Treaty of San Ildefonso - (Spain/France New

Orleans)-France gets Louisiana for territory in Tuscany

_ Convention of 1800 Ends 1778 Treaty of Alliance-

American grievances against French impressment-settles quazi war




The Election of 1796

– Washington’s Farewell

Address

Proclamation of Neutrality

No Friends

No Parties

No Sects.

– Divided Federalists


John Adams (Library of Congress)




The Quasi War with France

– The XYZ Affair The French and British were involved in another

war. Both of them were stopping US ships at sea and seizing or

impressing sailors that they said were deserters from the French or British

navy. Sometimes this was true, sometimes not but it was still humiliating

to the US.

– Adams sent Charles Pinckney, Elbridge Gerry and John Marshall to Paris

to negotiate for the end to this process.

– They had to meet with the French Foreign Minister, Talleyrand.

Talleyrand and others demanded a bribe to get the negotiations going.

– The Americans refused and sent a letter to Adams describing this. This

event was called the XYZ Affair. This made relations between the US and

France worse.

– At this time, the US was fighting an undeclared war with the French at

sea.

© 2012, The McGraw-Hill Companies, Inc. All Rights Reserved.

Quasi War

The Quasi War--undeclared war between the U.S.

and France. The American's built up their Naval

forces and spent the next 2 years attacking

French shipping capturing nearly ninety French

vessels, while the French continued to attack

American shipping.

Adams avoided real war because it would divide

the colonies and might lead to a civil war. Adams

sent another delegation to negotiate a peaceful

end. Convention of 1800


Alien and Sedition acts

These consist of four laws passed by the Federalist Congress and signed by President Adams in 1798: the Naturalization Act, which increased the waiting period for an immigrant to become a citizen from 5 to 14 years; the Alien Act, which empowered the president to arrest and deport dangerous aliens; the Alien Enemy Act, which allowed for the arrest and deportation of citizens of countries at war with the US; and the Sedition Act, which made it illegal to publish defamatory statements about the federal government or its officials. The first 3 were enacted in response to the XYZ Affair, and were aimed at French and Irish immigrants, who were considered subversives. The Sedition Act was an attempt to stifle Democratic-Republican opposition, although only 25 people were ever arrested, and only 10 convicted, under the law. .


Virginia and Kentucky

Resolutions The Federalist Party has passed the Alien and Sedition

Acts to stop foreign influence on our elections or to silence

Republicans. Thomas Jefferson and James Madison

protested the laws by writing the Virginia and Kentucky

Resolutions, which asked the states to declare the laws

null. They thought it was the rightful remedy. Virginia and

Kentucky were only states that voted for this, which is to

make a law invalid.

Brings up the question did the states or the people enter

into a compact to create the national government

Presages the Nullifications debates of the 1830s





The “Revolution” of 1800

– The Election of 1800 (Jefferson and Burr tie)

– The Judiciary Act of 1801(Midnight Appointments)


Documents

Chapter Six: The Constitution and the New Republic