Chronology
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1774: First Continental Congress
1775: Battle of Lexington, Battle of Concord, Second Continental Congress
1775: Second Continental Congress
1776: Declaration of Independence written and sent
1777: Third Continental Congress, Articles of Confederation drafted
1781: Articles of Confederation signed
1783: Treaty of Paris signed, ending war
1787: Committee to revise Articles of Confederation -->Constitutional
Convention
• 1788: Constitution ratified
1785
•1792
Diplomatic Triumph
• Why did the French and the Spanish stall diplomatic negotiations?
• What were some of the stipulations of the treaty? Who got the better
deal? Why?
• What kind of challenges did the newly independent nation have?
State constitutions how much democracy?
• 2nd CC 1776
• Reject royal authority
• Establish republican govts in colonies: weak Executive
• Dec. of Indep stated idea of Pop sovereignty : govts derive
power from the consent of the people
• Republicanism
Fear
• Mobocracy!
• “Democracy never lasts long..it soon wastes, exhausts,
and murders itself” John Adams
• “If you give (democrats) the command or preponderance
in the…legislature, they will vote all property out of the
hands of the aristocrats.”
• “Thoughts on Govt 1776 John Adams
• Theory of mixed govt, bicameral legislature, branches of
govt
• The Articles were written in
1777 by John Dickinson, a Penn.
statesman ; ratified 1781
• John Hanson
• Governor of Maryland during
the Revolution
A Limited Government
• Loose confederation of states in which
each had its own sovereignty, freedom,
independence.
• 1781-1789
• John Hanson (1715-1783)
Elias Boudinot (1740-1821)
Thomas Mifflin (1744-1800)
Richard Henry Lee (1732-1794)
John Hancock (1737-1793)
Nathaniel Gorham (1738-1796)
Arthur St. Clair (1737-1818)
Cyrus Griffin (1748-1810)
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• Structure of Government
• States obligated to send troops to man and maintain a central
defense
• 9 state votes to pass any law
• The authority of the executive and judicial branches would remain
with the individual states
• Unanimous vote by the states was necessary to amend the Articles
• States set up trade agreements between the states and with foreign
countries
• Unicameral (single house) legislative body
• Each state had one vote regardless of population size
• Congress given sole authority to govern the country
• Congress would establish temporary courts to hear disputes among
the states
Ratification process
1. Disputes over western lands delayed ratification until
1781
2. During war congress exercised de facto constitutional
authority
• Raise continental army
• Negotiate foreign treaties
• Finance war
• Robert Morris 1781 superintendent of finance (Bank of
North America)
Organization of Southwest
Southwest Ordinance: 1790
• Congress created the Southwest
Territory: Tennessee
• Will allow slavery b no stipulation
against it
• The Northwest Ordinance 1787 assisted in the orderly expansion of the
United States, it outlined a plan for applying for statehood to western
territories
• Divided the region into territories that would become states
when population equaled the smallest existing state (5
states)
• Population of 60,000 could become a state
• Ban slavery north of the Ohio River
• Education from land sale
The Land Ordinance of 1785
• stated that land in the west was
to be surveyed using a grid
system to establish 6 mile blocks
• $1 an acre
• 16 square mile for Education
• Sold large land tracts as well
Accomplishments of the Articles of
Confederation
• Administered the seven-year war
effort
• Negotiated the Treaty of Paris with
Britain in 1783
• Established the Northwest
Ordinance of 1787
• Set up the Post Office (only
government agency that is selfsupporting)
Map of the land settled in the
Northwest Ordinance of 1787
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Problems Facing the New Nation
1.
2.
3.
4.
5.
6.
Relations with foreign nations
Financing the nation
Interstate relations
States not fairly represented in the Congress
No authority to make states comply with legislation
No power to collect taxes or impel troops into service
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Reasons for Shay’s Rebellion 1786-87
• post-war economic depression,
• a credit squeeze caused by a lack of hard
currency
• fiscally harsh government policies instituted in
1785 to solve the state's debt problems
• Without property, you can't feed your family!
• Without property, you can't vote!
• Without property, you can't make money!
• Without making money, you get thrown into
debtor's prison!
Annapolis Conference, MD 1786
• Rise of a national faction vs strong state
• The conference was called to discuss how to fix the government to
avoid another revolution
• Cancelled
• Philadelphia: to talk about bolstering A of C May 28th,1787
The Constitution Is Born!
• After 16 weeks of arguments, the new Constitution was created.
• And that's the government that we still have today!
Famous Members 1787
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Alexander Hamilton- leader of strong government
George Washington- chairman of the convention
James Madison- ‘father of the Constitution’
Benjamin Franklin- oldest member at 81 was also at the 2nd Continental
Congress
55 delegates attended but on a typical day 35 were present
29 held college degrees
34 were lawyers
24 served in the Continental Congress
21 were military officers of the American Revolution
Principles of the Constitution
• Federalism• Popular Sovereignty• Separation of powers• Checks and Balances• Limited Government-
• What Influenced the Framers?
Two Opposing Plans
VS.
Virginia vs. New Jersey
Virginia Plan:
Proposed by big states
Lawmaking body:
Bicameral (2 Houses)
Elected by
the people
Based on
Population
Elected by the
1st house
# of Congressmen determined by state population
New Jersey Plan:
Supported by smaller states
Did
Unicameral (1 House)
Did not require a strong central government
Gave Congress the power to tax and regulate trade
Congress would elect a weak executive branch consisting of
more than one person
Each state would
have the same
Did not require a strong Based
centralon
government
number of
Gave Congress the power
to tax and regulate trade
Equality
Representatives or
Congress would elect a weak executive branch consisting of
votes – 1
more than one person
The Great Compromise: Roger
Sherman: Connecticut plan
This was a combination of both plans…
Lawmaking body:
Bicameral Congress (2 Houses)
House of
Representatives
# of reps. would depend
on populations
Senate
Each state gets 2
representatives
More arguing? What now?
At this time, there were 550,000 enslaved African Americans, mostly in
the South
• It was agreed that Congress would not interfere with the slave trade
until 1808
• Compromise—slaves would be counted as 3/5 of a free person for the
purpose of taxation AND representation
• 5 blacks = 3 whites
• Slaves still could not vote
Why an Electoral College?
• The Founding Fathers felt an EC was necessary for a few
reasons:
• First, they questioned whether the electorate was capable
of selecting an adequate leader for the nation if the
people chose the “wrong” President, the EC could override
the vote.
The Electoral college
• Each state will have electors = to the
number of senators + representatives
given to that state
• There are 538 electors.
Senators &
Representatives
Electors
A state’s number of
Electors is the total
number of Senators and
Representatives in the
House
New Jersey
2 Senators
12 Representatives
Total
14 Electors
There are a total of 538 electoral votes
-The District of Columbia is not a state but is given 3
electoral votes.
-A candidate must have 270 electoral votes to win the
Presidential election.
-If no single candidate gets the required 270 electoral
votes then the House of Representatives votes to
decide the President.
Proposals for change
• over the past 200 years, over 700 proposals have been introduced in
Congress to reform or eliminate the Electoral College.
• There have been more proposals for Constitutional amendments on
changing the Electoral College than on any other subject.
• In order to change need to amend constitution
• 2/3 vote in each house
• Ratified by ¾ of the states (38)
What are the drawbacks to the Electoral
College?
• Encourages low voter turnout
• Diminishes third party influence
• Person with most popular votes may not win
• Leads to tactical, insincere voting
• If there is no majority winner in the Electoral College, the election
goes to the H.o. R and there is a loss of separation of powers
Step 2: “Winner Take All”
• The EC system is “winner take all.”
• That is, the candidate with the most popular votes gets ALL of the
electoral votes (except in Maine and Nebraska where the electoral
votes can be divided)
People debate ratification
• Federalists v anti federalists
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Does not protect the rights of the individual
Does not protect states rights
Gives a central authority too much power
Help elite
• Ratification conventions
• 9 out of 13 states had to ratify (approve) the Constitution
The Federalist
• 85 essays
• Published in 4 NY newspapers
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The New York Journal
Independent Journal
New York advertiser
Daily Advertiser
• Who wrote?
• Alexander Hamilton, James Madison, & John Jay
Reaching an Agreement
• Anti-Federalists wanted to add…
• The Bill of Rights
• The Federalists promised to do so, and did
• New Hampshire, 9th state to ratify
• June 21, 1788
• The Constitution went into effect
• The last state to ratify…?
• Rhode Island, 1790
Founding Fathers
• The Framers of the
Constitution wrote a
very generalized
document.
• Purpose?
• To allow future
Americans flexibility.
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Article I, Section 8, Clause 18
• The Congress shall have power …To make all laws which shall be
necessary and proper for carrying into execution the foregoing
powers, and all other powers vested by this Constitution in the
government of the United States, or in any department or officer
thereof.
• The nick name of this passage is the Elastic Clause, The Necessary
and Proper Clause
• Can you tell why?
Competing interpretations
• The counterpart of strict interpretation is?
• Loose interpretation
• Which means?
• Meaning of certain portions of the
Constitution can stretched to the user’s
needs
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Interpretation
“Loose Interpretation”
• A.K.A. “Loose Construction of
Constitution”
• Interpretation of Constitution must
be flexible
• People change, society changes,
technology changes-->Constitution
must adapt
• What the Constitution doesn’t say
EXPLICITY, the branches of
government can do
• “Federalists” “Liberals”
“Strict Interpretation”
• A.K.A. “Strict Construction of
Constitution”
• Constitution should remain the
constant
• The Constitution must be the
measure of social, ethical, and
moral change
• Government can ONLY do what the
Constitution EXPLICITLY says
• “Anti-Federalists” “Conservatives”
11. Freedom of religion, speech, press, assembly, and petition.
22. Right to keep and bear arms in order to maintain a well regulated militia.
33. No quartering of soldiers.
44. Freedom from unreasonable searches and seizures.
55. Right to due process of law, freedom from self-incrimination, double jeopardy.
66. Rights of accused persons, e.g., right to a speedy and public trial.
77. Right of trial by jury in civil cases.
88. Freedom from excessive bail, cruel and unusual punishments.
99. Other rights of the people.
110. Powers reserved to the states.
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Constitution
• I: Preamble:
• We the people of the United States, in Order to form a more perfect
Union, establish Justice, insure domestic tranquility, provide for the
common defense, promote the general Welfare, and secure the
blessing of Liberty to ourselves and our Posterity, do ordain and
establish this Constitution for the United States of America.
Article I: The Legislature
A.K.A. Congress, The
Legislative Branch,
The Lawmakers
• Bicameral
• Upper
House=Senate (2 per
state, 100 total)
• 6 year term
• Led by Speaker of
the House
The U.S. Capitol Building, Washington, D.C.
• Lower House=House of Representatives (proportional to
population, CA has 55)
• 2 year term
• Led by Speaker of the House
• President of Congress=Vice President of the United States
of America
Legislative Powers
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Make laws
Collect taxes
Borrow and coin money
Establish immigration policy
• Declare war and raise armies
• Approves treaties
• Control interstate activities (trade,
marriage, etc)
• ****To do ANYTHING NECESSARY AND
PROPER (The Elastic Clause)
Congress works at the Capitol Building in
Washington D.C.
How YOU can be a Congress-person!
• Age 25 (H. of R.); 30 (Senate)
• Live 7 years (H. of R.); 9 years (Senate) in your state at election
• Have a lot of money for campaign
• Be independently wealthy
• Have people contribute money/support campaign
• In the Senate, from the beginning senators divided into three groups for
staggered elections so one third of seats filled every two years.
• “First class expire second year…second class..fourth year…third class sixth
year..”
impeachment;
House must vote
Senate puts on trial and must have 2/3 vote
Bill – Law
1. passed in identical form in both houses
2. And signed by P
3. If p doesn’t sign it is a law
4. If p vetos can override with 2/3 vote
Article II: The Executive
• A.K.A. The President, The
Commander-in-Chief, The Pres.
• Term: 4 years, 2 term limit
• President
Vice President
Cabinet (Sec. of State, etc.)
• Commander-in-Chief of
American military
• Execute law, sign/veto law
• Make treaties
• Appoint judges
How YOU can be the Pres.
• Be at least 35 years old
• Be a natural born citizen
• Live in the U.S. for at least 14 years
• Have even more money for campaign than Congress-person
Article III:
The Judicial
• A.K.A. The Bench, The Courts, The
Judiciary
• Term: Life
• Organization:
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Constitution
Supreme Court
Federal Courts
State Courts
Reviews Constitutionality of the Law
National Government
•Print money
•Regulate interstate (between
states) and international trade
•Make treaties and conduct foreign
policy
•Declare war (P wages war)
•Provide an army and navy
•Establish post offices
•Make laws necessary and proper
to carry out the these powers
State Governments
•Issue
licenses
•Regulate intrastate (within the
state) businesses
•Conduct elections
•Establish local governments
•Ratify amendments to the
Constitution
•Take measures for public health
and safety
•May exert powers the Constitution
does not delegate to the national
government or prohibit the states
from using
Shared Powers
• Collect taxes
• Build roads
• Borrow money
• Establish courts
• Make and enforce laws
• Charter banks and corporations
• Spend money for the general welfare
• Take private property for public purposes, with just compensation
Checks and Balances
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• Congress may pass laws........but the President can veto them
• The President can veto laws.......but Congress can override the veto
with a 2/3 vote
• the President and Congress may agree on a law..........but the
Supreme Court can declare a law unconstitutional.
• The President can appoint Judges and other government
officials.......but Senate must approve them.
• Supreme Court judges have life terms.......but they can be impeached
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George Washington was
elected the first President
of the U.S.
John Adams was elected
the first Vice President of
the U.S.
Washington at the Helm
• George Washington, unanimous
choice to be the first president
• Constitution provided strong
foundation, but lacked details
• Needed to figure how to…
1. Raise $ and manage economy
2. Provide for defense
3. Set up a court system
• Set many important precedents
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http://davecrone.files.wordpress.com/2008/07/gw-no-smiles.jpg
Structuring the New Republic
1. April 30, 1789
1. Washington takes office
2. John Adams VP
3. Washington sets precedents
1.
2.
3.
4.
Secretary of State-Jefferson
Secretary of Treasury-Hamilton
Secretary of War- Knox
Attorney General-Randolph
4. “Cabinet”—these 4 men
Creating the Courts
• Constitution said little about the
structure of the judicial branch
• Congress passed the Judiciary Act of
1789 to establish structure of the
courts
• Established three levels of the
Federal Judiciary
- Supreme Court
- Federal Courts of Appeals
- Federal District Court
• Supreme Court included 6 justices
including a Chief Justice (today it is 9
justices)
http://www.staddonfamily.com/files/2008/02/john-jay1.jpg
John Jay
1st
Chief Justice of Supreme
Court
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Hamilton’s Economic Plan
• U.S. incurred millions of $ of debt
from Revolution – some to other
countries, some to U.S. citizens
(bonds)
• Hamilton’s Plan Calls For...
1. Fed. government to assume
individual state debts
2. Revenue and Tariff
3. National Bank
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Hamilton Fixes Finances
1. Report on Public Credit (1790)
Monetary/Fiscal Policy favor the richthey spend in the economystimulate
domestic growth
a. Fed Govt take foreign debt (redemption)
b. Fed. Gov. assume all state debts (Assumption)
1.
Capital on the banks of the Potomac River
c. Boost national credit
d. “Father/Son” relationship between states and federal government
Hamilton fixes finances
2. The Bank of the United States (BUS
1.
2.
3.
National treasury would keep its deposits in the bank
Keep the funds safe & available as loanable funds
Jefferson v Hamilton
• 3. Revenue and Tariff
1.
2.
Heavy tariffs on imported goods
Revenue Act of 1789
1.
2.
8% tariff on imports
Such goods as whiskey to make up the shortfall in revenue
1. Be self sufficient on manufacture
Hamilton’s Economic Plan: FIRST PARTY SYSTEM
• Hamilton and supporters
of plan become
Federalists,
• Jefferson/Madison and
opponents of plan become
Democratic-Republicans
or just R
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Federalists
Republicans
• Believed in states’ rights
• Economy based on farming
– agrarianism
• Strict interpretation of
Constitution
• Led by Jefferson, Madison
• Most from South and West
• Farmers
• Support French
• Believed in strong central
government
• Economy based on
business/industry
• Loose interpretation of
Constitution
• Led by Hamilton, John Adams
• Most from Northeast
• Bankers, artisans, merchants
• Supported English
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The Whiskey Rebellion
• Western farmers were outraged
by the tax, and in 1794 the
Whiskey Rebellion took place in
western Pennsylvania
• Washington sent in 13,000 troops
to stop the rebellion
• Demonstrates the ability of the
new government to enforce
federal law
• Hamilton is a dangerous man!
oohh
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XII. Development of Foreign Policy
1. French Revolution (1789-1793)
a. Jeffersonuphold the Franco-American alliance in 1778
b. Hamiltonneutral to maintain trade relations with Britain.
2. Neutrality Proclamation of 1793
3. French & British began seizing American ships in the
Atlantic
a. Seize the cargo
b. Impress sailors into military service
Development of Foreign Policy (cont’d)
4. Chief Justice John Jay
1. Negotiate with the British to reaffirm U.S. neutrality
2. Removal of British forts in the West.
5. Pinckney’s Treaty 1795
1. Settlement boundary
2. Navigation on the Mississippi River
3. Use of the Port of New Orleans
Domestic Issues: Conflict with Native Americans
• Indian Confederacy forms in Northwest
Territory led by Chief Little Turtle
• Washington sends Gen. “Mad
Anthony” Wayne to put down
resistance
• Wayne defeats Native Americans at the
Battle of Fallen Timbers in southern
Ohio
• Ended resistance in Northwest
Territory
1. Treaty of Greenville 1795
1. give up lands in Ohio & Indiana.
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Development of Foreign Policy (cont’d)
6. Washington’s Farewell Address
1.
2.
3.
4.
Left office in 1797
Remain neutral in European affairs!
Avoid entangling alliances
Refrain from “factions” or political parties
5. 2 term tradition
Election of 1796
• After 2 terms, Washington
decides step down and retire
• In his famous Farewell Address
to the American people, he
warns against sectionalism,
political parties, and foreign
alliances
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• First openly contested election
in U.S.
• the only one in which a
president and vice president
were elected from opposing
tickets.
• Federalists nominate John
Adams MASS and Thomas
Pickney of S. Carolina next
• Republicans nominate Thomas
Jefferson VA and Aaron Burr NY
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• At this point, each man from any party ran alone, as the formal
position of “running mate" had not yet been established.
• Campaign tactic
• F associate Republicans with the violence of the F. Rev
• Democratic-Republicans accusing the Federalists of
favoring monarchism and aristocracy.
• In foreign policy, the Democratic-Republicans denounced
the Federalists over Jay’s treaty, perceived as too
favorable to GB,
• Jefferson would leverage his position as vice-president to attack
President Adams' policies, and this would help him reach the White
House in the following election.
• This election and the election of 1800 would provide the impetus for
the 12th amendment
X. Adams as
nd
2
President
1. Pres. Adams; VP Jefferson
2. XYZ Affair
• Enraged by Jay Treaty, French start seizing American ships
• Adams sends Charles Pinckney, Elbridge Gerry, and John Marshall to France
to improve relations
1. 1797—stop the seizing of American vessels by the French
2. French agents X, Y, Z
3. U.S. refused bribe
XYZ Affair (cont’d)
3. “Quasi-War”
1.
2.
3.
4.
Hamilton calls for military action
1798-1800
West Indies
U.S. vs. French
4. Convention of 1800
1. Ended Franco-American alliance
2. U.S. pay for damaged French vessels
3. Avoid all-out war
XI. Alien and Sedition Acts
1. Federalists aimed to silence opposition
2. Alien Acts
a. Residency requirements; 5 to 14 years
b. President power to detain &/or deport enemy aliens in times of war
3. Sedition Act
a. Illegal to criticize the Pres. or Congress
b. Heavy fine or imprisonment
• Virginia and Kentucky Resolutions, secretly written by Madison and
Jefferson
• Compact theory
• introduced idea of nullification
Theory of nullification
1. States pass their own laws to nullify the Alien & Sedition Acts
5. Kentucky & Virginia Resolutions
1. The states, not the Supreme Court, were the final judges of the limits of
federal power
2. States were justified in declaring federal law null and void
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