Transcript The Bill of Rights

A New Nation
Creating the Government of the
United States
Early Government
• Americans thought of themselves as citizens of individual
states, not of a common nation.
• The United States was not a nation as much as it was a
confederation, an alliance of separate governments that
work together.
• State governments had more power than the national
government. Individual state constitutions were important
during this period.
• In 1777, the Continental Congress adopted a set of laws to
govern the United States. These laws were called the
Articles of Confederation. Approved in 1781, the Articles
established a limited national government, in which most
of the power lay with the states.
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Define:
• What is a Confederation?
• What does Lament mean?
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The Articles of Confederation
VS. today’s national government
The Articles of Confederation
• Consisted of only one branch
of government: the legislative
branch, or Congress.
• Congress carried out the duties
of both the legislative and
executive branches.
• No national court system
existed.
• Congress could declare war
and borrow money, but lacked
the power to tax.
Today’s National Government
• Consists of three branches of
government:
– The legislative branch, or
Congress, is responsible for
making laws.
– The executive branch, headed
by the President, executes, or
puts into action, laws passed
by Congress.
– The judicial branch is made
up of the courts and judges
who interpret and apply the
laws.
•
The judicial branch forms a
national court system.
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• Congress has the power to tax.
Opposition to the Articles
Americans generally agreed that their new nation should be a
democracy, a government by the people. Specifically, they
desired a republic, a government run by the people through
their elected representatives.
Economic Problems
Public and private debt were creating
economic chaos in the new republic. Many felt
this was due to citizens having too much
power in their state legislatures.
Concerns About Weak Government
Nationalists felt that a weak national
government could not keep order. They
argued that European history had
demonstrated that people were not naturally
wise enough to have so much power over their
own affairs.
The Annapolis Convention
In 1786, Nationalists held a conference in
Annapolis, Maryland, to discuss economic
problems. Although the conference itself
accomplished little, delegates agreed to call
another convention in Philadelphia in 1787.
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Causes of Shays’ Rebellion
• In order to help pay off its large
debts, Massachusetts passed the
heaviest direct tax ever. This tax
had to be paid in specie, gold or
silver coin, rather than paper
money.
• A group of farmers led by Daniel
Shays rebelled against these taxes
in a crisis which came to be
known as Shays’ Rebellion.
• Farmers drove off tax collectors
and forced courts to close when
their petitions were rejected.
Soon, open conflict raged as
angry crowds rioted.
Shays’ Rebellion
Effects of Shays’ Rebellion
• Congress had no money to raise
an army to counter Shays’
Rebellion. It also could not force
states to pay for one.
• The Massachusetts state
government raised an army that
quieted the rebellion.
• However, Shays’ Rebellion
demonstrated to many prominent
Americans that a stronger national
government was needed to avoid
civil unrest.
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Answer:
• Explain 1 Weaknesses of the Articles
of Confederation:
• Give Two Reasons People Wanted to
Write a New Constitution for the
United States and Scrap the Articles
of Confederation
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The Convention Assembles
• They met to save the country
• Articles of Confederation wasn’t
working
• In May 1787, delegates from 12 of the 13
colonies met in Philadelphia to try to fix
the problems of the new United States
government.
• This meeting, known as the Constitutional
Convention, produced the United States
Constitution, the document that has
governed the United States for over 200
years.
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James Madison
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One particularly influential delegate at the
Constitutional Convention was James Madison of
Virginia.
Before the convention, Madison spent a year
thinking about how to create a new government.
At the convention, he took detailed notes that
would later become the best record of the
proceedings.
For his role, he became known as “the father of
the Constitution.”
Man of Knowledge: studied history, government
and law; the best informed man at the debates
Man of Politics: leader at convention, later served
in Congress and became President
Man of Philosophy: studied philosophy,
encouraged the best in people while restraining
the worst in people
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Divisions
at
the
Convention
The convention in Philadelphia had been empowered only to amend, or revise,
the Articles of Confederation, not to replace them. However, two plans for a
new national government emerged at the convention.
The Virginia Plan
• Proposed a bicameral, or two-house, The New Jersey Plan
• Proposed a unicameral, or onenational legislature
house, national legislature, and
• Each state would send representatives
the creation of executive and
in proportion to the number of its
judicial branches
citizens.
• The new legislature would have the • Each state would send the same
number of representatives to the
power to
legislature.
– tax;
• The new legislature would have
– regulate foreign/interstate
the right to
commerce;
– to veto any act of a state legislature;
– use force against a state, should that
state defy national authority.
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– tax
– regulate foreign and interstate
commerce.
Reaching Agreements
• The Great Compromise
– A legislative branch made up of two houses.
• Senate, would have the same number of representatives from each
state.
• House of Representatives, representation would be based on state
population.
• Three-Fifths Compromise, three fifths of a state’s slave
population would be counted when determining
representation.
• The convention approved the final draft of the United States
Constitution on September 17, 1787. The strengths of the
Constitution have helped it endure for more than 200 years.
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Ticket Out the Door
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What was the 3/5 Compromise?
What was the Virginia Plan?
What was the New Jersey Plan?
What was the “Great Compromise”
Who was the Father of the
Constitution?
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Government Structure
Federal and State Powers
• The Constitution created a federal
system of government, in which
power is shared among state and
national authorities.
• In a federal system of government,
powers are divided into three
categories:
– Some powers are reserved for the
states only.
– Others are delegated to the
federal government only.
– Still others, called concurrent
powers, are held by both the
federal government and state
governments.
Separation of Federal Powers
• Within the federal government, a
separation of powers was created to
prevent any one of the three
branches of government from
acquiring too much power.
• Each branch has its own area of
authority, but no one branch has
complete power over the
government.
• The Constitution also set up a system
of checks and balances, in which
each branch has the power to check,
or stop, the other branches in
certain ways. This system prevents
the misuse of power by any one
branch.
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Congress, the President, and the
Federal Courts
Chapter 5, Section 2
The Federal Courts
Congress
The President
• “Interpret the law”
• “Makes the law”
• “Carries out the law”
• Each of the two
• The President would be • The Constitution
calls for one
houses of Congress
chosen by a group of
Supreme Court and
was granted different
electors from each state.
several lesser
powers. Each was also
The candidate with the
courts, although
designed with
majority of votes in the
the details of the
different methods of
electoral college, or group
federal court
election and different
of electors, would become
system were
term lengths, making
President. The President
intentionally left
the House more
was granted enormous
vague. Supreme
receptive to public
powers, including the
Court justices
opinion and the
power to veto acts of
would be appointed
Senate more stable.
Congress and to appoint
for life by the
judges for the federal
President with the
courts.
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consent of the
The Federalist View
• For the Constitution to become law, 9 out of the 13 states
had to ratify, or approve, it.
• Those who favored the Constitution were called Federalists.
The Federalists included many Nationalists, such as George
Washington, James Madison, and Alexander Hamilton
• Favored a strong national government.
• To make their case for the Constitution, the Federalists wrote
a series of 85 essays, collectively known as The Federalist.
• One issue addressed in these essays was that one powerful
faction, or group concerned only with its own interests,
could not control the government under the Constitution.
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The Anti-Federalist View
• Those who opposed the Constitution were called anti-Federalists.
• Anti-Federalists believed that the Federalists’ plan threatened state
governments and the rights of individuals.
• The anti-Federalists included Patrick Henry, people in isolated areas
who had less need for a strong national government, and some
former Nationalists who wanted a national government but were
unhappy with the Constitution.
• According to the anti-Federalists, a President would be too similar to
a king, a figure whose control American patriots had fought to
escape. Anti-Federalists also objected to the proposed federal court
system.
• wanted freedoms protected; agreed to the Constitution only if a Bill
of Rights was added
• While the Federalists feared the people more than government, the
anti-Federalists feared government more than the people.
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Why the Federalists Won
The Federalists had several advantages over the anti-Federalists. These included:
(1) The Federalists
drew on the
widespread feeling
that the Articles of
Confederation had
serious flaws.
(3) The Federalists had an
actual document and plan
which they could defend.
The anti-Federalists had no
constructive plan of their
own to offer.
(2) The Federalists were a united,
(4) The Federalists had
well-organized national group,
the support of George
while the anti-Federalists tended to
Washington, a respected
consist of local politicians who did
Revolutionary War hero.
not coordinate their activities on a
national level.
Delaware, New Jersey, and Connecticut quickly ratified the Constitution. In June 1788,
New Hampshire became the ninth and final state needed to ratify the Constitution.
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For and Against the Bill of
Rights
For the Bill of Rights
• Many Americans believed that the
national Constitution, like most
state constitutions, should include
a clear declaration of the rights of
the people.
• In September 1789, Congress
proposed twelve constitutional
amendments, largely drafted by
James Madison and designed to
protect citizens’ rights.
• Ten of these amendments were
ratified by the states. These ten
amendments became known as
the Bill of Rights.
Against the Bill of Rights
• Most Federalists saw no
need for these amendments.
• These Federalists claimed
that under the Constitution,
the people and the
government were the same.
Therefore, the people
needed no additional
statements to protect their
rights.
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The Bill of Rights
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Ratification of Constitution
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9 or 13 states had to approve it.
December 1787 Delaware ratifies
May 1790 Rhode Island ratifies (18 months)
Bill of Rights was added in 1791: protection of
citizens rights
• April 30, 1789 George Washington inaugurated
as first president
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The New Leaders
• On April 30, 1789, George Washington took the oath of
office as the first President of the United States.
• John Adams became Vice President.
• Washington also selected a Cabinet, a group of federal
leaders who both advise the President and head national
agencies.
• He named Edmund Randolph of Virginia to the post of
Attorney General and kept Henry Knox as Secretary of War.
Thomas Jefferson was named Secretary of State and
Alexander Hamilton became Secretary of the Treasury.
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Jefferson and Hamilton
Secretary of State Jefferson
• After serving several years as
ambassador to France, Thomas
Jefferson returned to the United
States in 1789. He quickly
became involved again in
domestic affairs, or the country’s
internal matters.
• In addition to being a politician,
Jefferson was a planter, writer,
and inventor. His interest in
architecture led him to build
several homes, including his most
famous, Monticello.
• Jefferson later became one of
Washington’s harshest critics.
Treasury Secretary Hamilton
• Alexander Hamilton was chosen to
head the government’s largest
department, the Department of
the Treasury.
• Hamilton had been an officer in
the Continental Army during the
Revolution, where he had carried
out important military missions.
• In contrast to Jefferson, Hamilton
believed that governmental power,
properly used, could accomplish
great things.
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Washington’s Government
• Washington knew that he was establishing
precedents for how to govern.
• Washington worked to establish a tone of
dignity in his administration.
• The President held regular receptions for
government officials and was escorted by
soldiers when he traveled. Although he felt
that such pomp was necessary to command
respect, others saw these activities as
reminiscent of a king and his court.
• In 1792, Washington won unanimous
reelection. His second term, however,
became marked by criticism and controversy.
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Planning a Capital City
The Need for a Capital City
Planning the District of Columbia
• During Washington’s first year in
• African American mathematician
office, the government resided in New
Benjamin Banneker helped survey
York City.
the city.
• In 1790, the capital was moved to
• French architect Pierre-Charles
Philadelphia while a new capital
L’Enfant developed the city plan.
could be planned and built.
• The District of Columbia was
• The Residence Act of 1790 specified a
designed to echo the beauty and
10-square-mile stretch of land on the
structure of European capital
border between Maryland and
cities.
Virginia for the new capital.
• The federal government moved
• This area, to be called the District of
there in 1800.
Columbia, would be governed by
federal authorities, not by either state. • Today, Washington, D.C., remains
the most visible legacy of the
Federalists’ belief in the power and
dignity of the new government.
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Liberty Versus Order in the 1790s
Hamilton’s Program
• As Treasury Secretary, Alexander Hamilton was responsible
for developing a program to repay debts incurred during the
Revolution.
• In 1790, Congress approved the plan to allow the federal
government to take responsibility for debts acquired by
individual states.
• Southern states resisted this plan at first, since they did not
want to help pay back the loans owed by northern states.
• However, Hamilton won southern support by promising to
locate the nation’s new capital in the South.
• By assuming states’ debt, the federal government indirectly
increased its strength. Since creditors now had an interest
in the United States, not just individual states, they would
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help ensure that the new nation did not collapse.
Hamilton’s Strategy and
Opponents
Hamilton’s Strategy
• Congress created a tax on
whiskey and a tariff, or a tax
on imported goods.
• Rather than pay off all debt
at once, the United States
paid interest.
• Hamilton believed in a loose
construction of the
Constitution -- that the
government could take any
action that the Constitution
did not forbid.
Hamilton’s Opponents
• Many viewed it as
interference in state affairs.
• Many also disliked
Hamilton’s new taxes.
• Secretary of State Thomas
Jefferson was particularly
opposed to Hamilton’s plans.
Jefferson favored a strict
construction of the
Constitution -- the
government should not take
any actions other than those
specifically called for in the
Constitution.
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Defining the Government’s
Powers
• Raising Money
– Congress used its constitutional right to “collect taxes,
duties, imposts and excises” to pass tow measures
• Tariff – tax on imported goods
• Excise tax on Whiskey
– The money raised went to pay expenses of the
government and creditors
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Defining the Government’s
Powers
Whiskey Rebellion
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Whiskey was critically important to the economy
Traditional beverage
Made from corn but didn’t spoil
Was used as a kind of currency
In 1794, opposition to the tax became so strong that
Pennsylvania appeared to be in a state of rebellion
against the authority of the federal government.
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Defining the Government’s
Powers
The Powers of the President
– President Washington was determined to crush the
resistance
– Saw the rebellion as a way to demonstrate the power
– Gathered an army of 12,000 met and marched to
Pittsburgh
– Rebellion dissolved
– Showed that the American government had the means
and will to force its citizens to obey its laws.
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Defining the Government’s
Powers
The Powers of Congress
– State of Maryland tried to tax the Bank of the United
States.
– The bank refused to pay saying the tax was
unconstitutional
– 1819 – McCulloch v Maryland, Chief Justice Marshall
declared the fine illegal and the bank constitutional
– The chief justice stated that Article I, Section 8 states that
Congress has the right to make all laws necessary and
proper for it to carry out the powers granted under the
Constitution.
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– Thus, Congress had the Perry
power
to create the bank
Defining the Government’s
Powers
The Powers of the Supreme Court
– The judicial branch was not clearly defined
– 1803 the Supreme Court’s Chief Justice, John Marshall,
helped define the powers of the courts in Marbury v.
Madison.
– Judicial review -- the federal courts had the authority to
review laws and declare them unconstitutional if
necessary.
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Foreign Policy Issues
The French Revolution
• The French Revolution sharply
divided Americans.
• Federalists saw the French
Revolution as a democratic
revolution gone wrong.
• Supporters of Jefferson, however,
viewed it as an extension of the
American Revolution.
• The political split grew more
intense in 1793, when the French
ambassador to the United States,
“Citizen” Edmond Genêt, tried to
convince private Americans to
fight with the French against the
British.
American Neutrality and Jay’s Treaty
• The United States did not want to
offend either nation in the war
between Britain and France.
• President Washington issued a
proclamation of neutrality in
1793, stating that the United States
would remain neutral.
• In 1794, Washington sent Chief
Justice John Jay to Britain to
negotiate an agreement with the
British.
• The agreement, which became
known as Jay’s Treaty, was highly
controversial in the United States
because it contained no protection
for American shipping.
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Political Parties Emerge
The Jeffersonian Republicans
• Two political parties began to
emerge in the new nation.
• The Federalists formed one of
these parties.
• The other, composed of critics of
the Federalists, were called
Republicans or DemocraticRepublicans because they stood
for a more democratic republic.
• To avoid confusion, historians call
them the Jeffersonian Republicans.
The Election of 1796
• President Washington chose not to run
for a third term in 1796. With the
nation politically divided, the election
of 1796 was close.
• The Federalists won a narrow victory,
making John Adams the second
President. Jefferson, who finished
second in the electoral vote race,
became the new Vice President.
• In his Farewell Address of 1796,
Washington drew on his years of
experience and offered advice for the
young nation in the years ahead. He
warned against competing political
parties and advocated a foreign policy
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John Adams as President
The XYZ Affair
• At the beginning of the Adams
administration, the United States was
drifting toward war with France.
• The United States sent officials to
France to negotiate. These officials
were met by three secret agents: X, Y,
and Z, who demanded a bribe and a
loan to France.
• The U.S. officials refused to pay the
bribe and were met with public
acclaim for their patriotism upon
their return home.
• This XYZ affair infuriated Americans,
resulting in what amounted to an
undeclared naval war with France.
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John Adams as President
The Alien and Sedition Acts
• The Federalists took advantage of
the war crisis to push important
new measures through Congress.
These included the Alien and
Sedition Acts of 1798.
• Under the Alien Act, the President
could imprison or deport citizens
of other countries living in the
United States.
• Under the Sedition Act, persons
who wrote, published, or said
anything “false, scandalous, and
malicious” against the American
government could be fined or
jailed.
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Increasing Tensions
• Jefferson, James Madison, and other Republicans believed that
the Sedition Act violated the constitutional protection of
freedom of speech.
• Responded with the Virginia and Kentucky Resolutions. The
resolutions allowed these two states to nullify federal laws
which they felt were unconstitutional.
• Tensions between Federalists and Jeffersonian Republicans
continued to grow during the late 1790s.
• Enslaved African Americans, although barred from
participation in the political system, embraced the discussions
of liberty going on around them.
• A blacksmith named Gabriel Prosser and several other slaves in
the area around Richmond, Virginia attempted a slave revolt.
Prosser’s small-scale rebellion
failed before it could get
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Adams Loses Support
• Adams angered many Federalists when he sought a peaceful
solution to the undeclared naval war with France.
• Federalists such as Alexander Hamilton were in favor of a
harsher policy toward France, including a declaration of
war.
• Adams entered the election of 1800 with several
disadvantages.
– With peace with France, the Republicans’ support for France
became less of a rallying point for the Federalists.
– The Alien and Sedition Acts became less justified without the threat
of imminent war.
• Adams’s bid for re-election was further damaged when
Aaron Burr, the Jeffersonian Republican nominee for Vice
President, obtained and printed a damaging pamphlet
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against Adams written by Perry
Hamilton.
The Campaign and
Jefferson’s Victory
The Campaign
• By 1800, Thomas Jefferson
emerged as the leader
among those who preferred
local to national
government.
• Jefferson ran against Adams
in what became a nasty
presidential campaign.
• Jefferson’s campaign
accused Adams of being a
monarchist.
• Adams’s campaign claimed
that Jefferson would lead the
nation into chaos.
Jefferson’s Victory
• Jefferson won the popular vote
but did not win a majority in the
electoral college. He tied with his
vice presidential running mate,
Aaron Burr.
• As specified in the Constitution,
the House of Representatives voted
to choose the President. Voting
was deadlocked until the House
elected Jefferson on its thirty-sixth
ballot.
• Jefferson’s victory was aided by
the support of his usual nemesis
Hamilton, who preferred Jefferson
over Burr.
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