Crash Course #8:​ ​“The Constitution, the Articles, and Federalism”
Articles of Confederation
● First American gov.
○ Set up by Continental Congress
○ Only lasted 10 years
● How system worked:
○ Each state had 1 delegate & 1 vote
○ Any decision had to have 9/13 = yes
● What A.C could do:
○ Declare war, Conduct foreign affairs, Make treaties
○ COULD NOT → tax states
● Northwest Ordinance of 1787
○ Got land that was Native before
○ Create 5 new states between Ohio & Mississippi Riv.
○ Outlawed slavery in the new states
● Post- War
○ America in lots of debt
○ A.C could not collect taxes to pay debts
○ Britain would not trade
● Shay’s Rebellion 1786-1787
○ Massachusetts farmers rose & closed courts
○ Shut down by militia
○ First sign that A.C had to go
1787 ​ → delegates met in Philly to revise A.C> instead wrote Constitution
● Their constitution
○ Government: executive, legislative, judicial branches
○ Republican with representatives → not democracy
● Conflict at the Constitutional Convention
○ Big states → reps. determined by population
○ Little states → equal reps from all states
↳House of Representatives → reps based on pop.
↳Senate → 2 for state
● ⅗ Compromise
○ Total white population + 3/5th enslaved people population = population→ how many
reps based on this
● Slave Clause of Constitution
○ Escaped enslaved people had to be returned to masters→ even if they escaped to free
states
● Federalism: gov. authority in national & state govs.
● Electoral College→ Has ability to elect president who did not win popular vote
● Federalist Papers
○ Written by Alexander Hamilton, James Madison, John Jay
○ 85 essays → reason why states should vote for constitution
● Anti-Federalists
○ Usually common people → afraid of gov. only caring for wealthy→wanted smaller local
govs to focus on people people→ state govs.
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Chapter 6: The Constitution and the New Republic
Pgs. 159-179
Weak Central Gov ​(pg. 160)
● 1780s→ populis angry at conf. gov. inability to deal with economy
● 1785 Confederation Congress signs treaty with Britain → ends Revolutionary War
Advocates of Centralization (​pg. 160-162)
●
People wanted different kinds of gov
○ Some were scared of national gov being tyrannical, instead wanted state gov
○ Manufacturers → strong national gov
Supporters of a Strong National Gov
● Wealthy wanted natl gov to deal with economic hardships
● Military men wanted to get pensions
● Merchants & manufacturers
● Many wanted national gov to remove the “Indian menace”
○ Especially large landowners
Alexander Hamilton
● New York lawyer
● Did not like ​Articles of Confederation​→ wanted to write new doc
○ 1786 delegates approved proposal draft →decided to meet in a year to revise A.C
● George Washington supported ​Constitutional Convention​ in Philly → making it a bigger deal
than expected
A Divided Convention ​(pg. 162)
​The Founding Fathers
● 1787 → 55 delegates attended convention
○ Benjamin Franklin, George Washington, James Madison +
○ All well educated, in 40s
● Each state had 1 vote
The Virginia Plan
● Edmund Randolph​ of VA
○ introduced idea of 3 branches of gov
○ 2 houses of reps based on population
● William Paterson​ of NJ→ NJ plan
○ Proposed federal (not national) gov
○ 1 house → = rep for all states
State Differences
● Southern States wanted slaves to count in population
○ Bc they had larger population of enslaved people than white colonists
● Northern States had little to no slavery→ didn't want slaves to count
○ Because they would have smaller population (& reps in gov) than southern states
● No one argued for enslaved people to become citizens
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Compromise ​(pg. 162-163)
​The Great Compromise
● Grand committee ​→ 1 delegate from each state + Franklin > met to fix disagreements & made a
proposal
○ Fixed enslaved problem:
■ ⅗ Compromise:​ Total white population + 3/5th enslaved people population =
total population
■ how many reps based on second population
● New laws:
○ No tax on exports
○ Slave trade can’t be stopped for another 20 yrs.
● July 16 1787 → convention voted to accept compromise
The Constitution of 1787 ​(pg. 163-166)
James Madison
● v important to creation of C
​ onstitution
● Most creative political thinker of the time
● Adressed big issues facing new national gov:
○ Sovereignty & how to limit power
The Question of Sovereignty*
● Madison + believed gov’s power was in the people
○ Federal gov ≠ supreme power
● Constitution distributed power between national & state gov
● Federal gov could:
○ Tax, regulate commerce, control currency, pass national laws
● Americans v scared of having a tyrannical gov
○ To prevent tyranny, they kept gov close to people. Large nation = corrupt
● *Sovereignty: (a) supreme power or authority; (b) authority of a state to govern itself
Separation of Powers
● Madison introduced idea of large gov with different branches → no branch could get too
powerful
● September 17 1787 → 39 delegates signed the ​Constitution
Federalists and Antifederalists ​(pg. 166-168)
The Federalist Papers
● Federalists: those that supported the Constitution
○ Franklin, Washington, Hamilton, Madison, Jay
● Federalist Papers were written by Hamilton, Madison & Jay
○ Explained the virtues of constitution
○ Later published as book
The Antifederalists
● Thought Constitution would make a tyrannical gov and they thought gov would:
○ Increase taxes, dictate power, favor the wealthy, end individual liberty
○ Biggest complaint: Constitution lacked ​Bill of Rights
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Debating the Constitution
● Federalists feared: chaos, anarchy→ wanted organized gov
● Antifederalists feared: common people would not be listened to
● 1787-1788 Constitution was ratified
○ Many ratified it only if Bill of Rights was added >MA, VA, NY
○ 1789→ first election
● April 30, 1789→ Washington inaugurated in NY
Completing the Structure ​(pg. 168)
The Bill of Rights
● 1791→ 10 amendments became Bill of Rights
○ Freedom of religion, speech & the press, trial by jury
● Judiciary Act of 1789→ 6 members of Supreme Court
○ Congress gave Supreme Court the power to decide cases involving constitutionality of
state laws
The Cabinet
● First Congress created 3 departments:
○ State, treasure, & war
○ Alexander Hamilton→ secretary of treasury
○ Henry Knox→ secretary of war
○ Edmund Randolph→ attorney general
○ Thomas Jefferson→ secretary of state
Federalists and Republicans ​(pg. 168-170)
Competing Visions
● 1790
○ Large disagreements:
■ Some wanted strong national gov
● Complex commercial economy, part of world affairs→ ​Federalists
(Hamilton)
■ Some wanted small national gov
● Stay rural & agriculture based, most power with people & states →
Republicans (Madison & Jefferson)
Hamilton and the Federalists
● 12 yrs new gov = Federalists→ ​George Washington
● Washington did not want to be involved in political controversy
Assuming the Debt
● Hamilton
○ One of the most aristocratic→ personal tastes & philosophies
○ Illegitimate child from Caribbean
○ Believed in stable gov = support of upper class
● Hamilton thought gov should deal with Revolutionary war debt
● Also wanted to make national bank
Hamilton’s Report on Manufacturing
● Hamilton proposed 2 new taxes:
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○ Alcohol tax
○ Tax on imports
1791→ wrote a report that was his plan to increase industry US
Enacting the Federalist Program ​(pg. 170)
Debating Hamilton’s Program
● Congress approved Hamilton’s plan
○ People had to pay more taxes, even if their state wasn’t in debt
Location of the Capital
● 1790→ Philly was capital
● Virginians wanted capital in the South
● Hamilton met with Jefferson
○ Virginia agreed with debt plan→ in exchange for southern capital
● Capital made on banks of Potomac River
​Bank of the United States
● Congress argued over need for national bank
○ Eventually agreed to Hamilton’s bill
● 1791 Bank of United States opened
● Small farmers did not like Hamilton’s program
○ They had to pay property taxes
○ Common people thought the program only benefitted the wealthy
Republican Opposition ​(pg. 170-172)
Establishment of the Federalist Party
● Constitution did not mention political parties
○ G.Washington thought organized parties= dangerous
● Madison + did not like the Federalist movement “overbearing majority”
○ Federalists used control to reward their supporters
○ Doing things like the corrupt British gov
Formation of the Republican Party
● Organized to oppose Federalists
● Formed committees etc in every state
● Believed the represented the best interests of the people
● Jefferson was prominent Republican
○ Considered himself a farmer
○ Believed in agrarian republic
○ Envisioned society run by small property owners> agriculture
Differences Over the French Revolution
● Federalist thoughts on F. Rev:
○ Horrified at the overthrowing of king & queen
● Republican:
○ Supported the democratic spirit
○ Imitated French Radicals style
● 1792 election
-Jefferson & Hamilton wanted Washington to run again→He did
○ Hamilton was dominant figure in his gov
Establishing National Sovereignty ​(pg. 172)
Whiskey Rebellion
● 1794→ farmers in PA refused to pay whiskey tax
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○ Terrorized tax collectors
Washington led army into PA
○ Rebellion collapsed
Native Americans and the New Nation ​(pg. 172)
Indians and the Constitution
● Constitution did not address NA place in the states
○ Article I said Indians not taxed
○ Regulate commerce with NA
○ Constitution ​did ​recognize tribes as legal groups
○ Not members of the states, nor foreign
Maintaining Neutrality ​(pg. 173)
Maintaining Neutrality
● New nation trouble establishing itself to the British
● 1793→ France & England at war
○ America = neutral
Citizen Genet
● French diplomat sent to States
● Disembarked at Charleston→ made plans to use American ports to help French> did not present
himself to President Washington
○ Ignored Washington’s policies & Neutrality Act
○ Angered Washington & the Federalists
○ Embarrassed French sympathetic Republicans
○ Washington shut him down & neutrality was not broken
Great Britain
● 1794 British Royal Navy seized American ships, trading with French colonies
○ American citizens became v anti-British
● Joining the war with the French would end English imports→ bad for American economy
Jay’s Treaty & Pinckney’s Treaty ​(pg. 174)
Jay’s Treaty
● 1794 treaty
○ Settled conflict with British→ established secure trade
● Republicans angry that Jay did not get more promises from British
● However Senate ratified Jay’s Treaty
Pinckney’s Treaty
● Spain worried that Americans & British would band up & push them out of NA
● Thomas Pinckney went to Spain to negotiate→ Spaniards recognized most of their demands
Election of 1796 ​(pg. 175)
Washington’s Farewell Address
● 1797 Washington retires from office
● Released the “Farewell Address” → bit anti-Republican
● Thomas Jefferson was Republican nominee for 1796 election
● John Adams was Federalist nominee
● Federalist party was divided but still influential
● Adams became president & Jefferson was vp
○ Adams was a v skilled diplomat, but not best politician
● Hamilton was best liked Federalist
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Quasi War With France ​( 175-176)
Quasi War with France
● America’s relationship with France went down
○ French ships captured American ships
○ Charles Pinckney went to France, they refused to recieve him as an official representative
○ Some of President Adam’s advisers wanted war but Adams wanted to peacefully work it
out
○ 1797 Adams sent group to negotiate with French gov
■ When they arrived 3 French agents demanded a loan from States before
negotiations could begin→ America refused
The XYZ Affair
● Adams released report to populis (he deleted the French agents names instead calling them X, Y,
& Z)
● 2 years after XYZ Affair → America in undeclared war with France
Quasi War
● 1798 Departmen of Navy→ construction of new war ships
● States became a virtual ally with British & they worked closely
● 1800 French gov signed treaty with the States, ending the quasi war relatively peacefully
Repression and Protest ​(pg. 176-177)
Alien and *Sedition Acts
● 1798 Federalists were again majority in Congress
○ Made plans to end Republican party
● Alien Acts
○ Made it harder to become American citizen & gave the president more power in dealing
w/ immigrants
● Sedition Act
○ Let gov prosecute those who engaged in ​sedition​→ Republicans rightly saw this as an
attempt to destroy their party
● President Adams signed laws but was not 100% sure about them
○ He did not deport any immigrans
○ Prevented gov from doing major things against Republicans
● Consequences of the Acts:
○ Alien act discouraged immigration, some foreigners left
○ Some Republican newspaper editors were arrested for criticizing the Federalists
○ *Sedition​: “c​onduct or speech inciting people to rebel against the authority of a state or
monarch”
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Virginia and Kentucky Resolutions
● Republicans appealed to state legislators to have the Alien and Sedition Acts removed
● 1798-1799 two sets of resolutions written
○ Jefferson, anonymously, wrote 1→ adopted by Kentucky legislature
○ Madison wrote other resolution→ approved by Virginia
● Resolutions stated:
○ Argued that federal gov possessed only delegated power
■ If states decided that central gov did things beyond their powers→ states had the
right to remove laws
○ Republicans did not win a lot of support to remove the Acts (only VA & KY)
● 1790s entire nation divided politically
○ State legislature & Congress had violent disagreements
The “Revolution” of 1800 ​(177-178)
Election of 1800
● John Adams→ Federalist nominee
● Thomas Jefferson→ Republican nominee
○ Supporters of both made campaigns v ugly>accusing the other nominee of being tyrants
● In NY Aaron Burr organized group of Revolutionary War Veterans→ Tammany Society
● Jefferson was elected
The Judiciary Act of 1801
● After 1800 election Federalists only controlled judiciary branch
● Adams made sure Federalists judges were in charge
● Republicans viewed Jefferson presidency as a victory
○ Thought they were saving Americans from a tyrannical gov→ Jefferson called this
election “the revolution of 1800”
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