1)Framing A New Government
a)Advocates of Centralization
i)Confederation had averted the danger of remote and tyrannical authority, but during 1780s powerful groups began to want a national govt capable of dealing with nation’s problems- mainly economic that affected themselves
ii)Artisans wanted a single high national duty, merchants wanted a single, national commercial policy, people owed money wanted states to stop issuing paper money and causing inflation, land owners wanted protection from mobs
iii)Reformers led by Alexander Hamilton called for convention. Inter-state conference on trade held in MA advised congress to call a convention to “render the constitution… adequate to the exigencies of the union” in 1786
iv)George Washington’s support of new convention in Philadelphia 1787 gave it credibility, feared disorders like Shay’s Rebellion spreading
b)A Divided Convention
i)55 delegates from all but RI, mainly young, educated, and propertied
ii)Washington chosen as presiding officer, sessions closed to public and press
iii)VA delegation led by James Madison, had plan drafted. Edmund Randolph proposed a new nat’t govt with executive, judiciary, legislature
iv)VA Plan called for 2 house legislature w/ lower house based on population and upper house elected by lower house
v)Proposal opposed by Delaware, NJ, other small states. Proposal by William Paterson of NJ would reform Confederation + give it power to tax. Tabled, VA Plan remained basis for discussion
vi)VA Plan supporters realized concessions to small states needed for agreement, conceded upper house be elected by state legislatures, each state at least 1 rep
vii)Questions of equal rep in upper house, of slaves counted in states population but feared would be taxed if states taxed based on population
c)Compromise
i)In July grand committee established with Franklin as head, produced basis of “Great Compromise” where lower house would be based on populating with each slave counted as 3/5 o of a person in representation and direct taxation, in upper house each state had 2 reps- July 16, 1787 compromise accepted
ii)Reps agreed legislature forbidden to tax exports b/c of Southern fear of interfering with cotton economy, slave trade couldn’t be stopped for 20 years
iii)Constitution provided no definition of citizenship, absence of list of individual rights that would restrain powers of nat’l govt
d)The Constitution of 1787
i)James Madison created VA Plan, helped resolve question of sovereignty and of limiting power
ii)Sovereignty at all levels, nat’l and state, came from people. States and nat’l govt both had sovereignty from ppl and therefore Constitution could distribute powers btwn federal govt and states- but Constitution was “supreme law”
iii)Federal govt had power to tax, regulate commerce, control currency, pass laws
iv)Leaders frightened of creating a tyrannical govt, believed small nation needed to stop corruption. Madison convinced others that large nation would produce less tyranny b/c many factions would check one from being too powerful
v)Separation of powers + checks and balances forced branches to compete, federal structure divided power btwn states and nation
vi)Fear of despotism, but also fear of the “mob” and “excess of democracy”, only House of Reps elected directly by ppl.
vii)Constitution signed on September 17, 1787
e)Federalists and Antifederalists
i)Delegates decided that Constitution would come into existence when 9 of 13 states had ratified it thru conventions instead of unanimous state legislature approval required by Articles
ii)Supporters of Const well organized, supported by Washington and Franklin, called themselves Federalists. Had best political philosophers in Alexander Hamilton, James Madison, John Jay. Wrote Federalist Papers arguing for Const under pseudonym Publius
iii)Antifederalists believed Const would betray principles of Revolution by establish a strong, potentially tyrannical central govt that would increase taxies, obliterate states, favor the “well born”.
(1)Biggest complaint was that Const lacked a bill of rights, any govt with central authority could not be trusted to protect citizens’ liberties, therefore natural rights had to be enumerated in order to be preserved
iv) Federalists feared disorder, anarchy, power of masses, Antifederalists feared the state more than they did the ppl, feared concentrated power
v)Delaware first to ratify, New Hampshire 9th state in June 1788. New govt could not flourish w/o participation of VA and NY. VA, NY, MA ratified on assumption that bill of rights would be added
f)Completing the Structure
i)First elections took place 1789, George Washington elected first president unanimously, John Adams became VP- inauguration April 30, 1789
ii)First Congress passed bill of rights 1789, 10 ratified by states by end of 1791. Nine forbid Congress from infringing basic rights, 10th reserved powers to states unless specifically withheld from them or delegated to fed govt
iii)Judiciary Act of 1789 created 6 member Supreme court, 13 district courts, 3 courts of appeal, Sup Court had final decision in constitutionality of state laws
iv)Congress created departments of executive- State led by Jefferson, Treasury by Hamilton, War by Henry Knox, attorney general Edmund Randolph
2)Federalists and Republicans
a)Hamilton and the Federalists
i)Federalists dominated govt for 12 years under leadership of Treasurer Alexander Hamilton (Washington supported, but avoided direct involvement)
ii)Believed stable and effective govt required enlightened ruling class, therefore rich and powerful needed stake in its success
iii)To do so made govt responsible for existing debt + states debts, would create new large national debt w/ continuous bonds issued to give wealthy stake
iv)Creation of federal bank would fill absence of developed banking system, safe place for deposit of federal funds, collect taxes and pay expenses
v)Funding of debts required new revenue to pay bonds interest, govt sales of Western land not enough. Hamilton proposed tax on alcohol distillers- heavy toll on whiskey distillers of backcountry PA, VA, NC- & tariff on imports to raise $ + stimulate growth of industry- his 1791 “Report on Manufactures
b)Enacting the Federalist Program
i)Few members opposed plan for funding nat’l debt, but disagreement over whether payment should be to original holders or to speculators who bought many bonds from originals during hard times of 1780s. James Madison proposed dividing btwn two. Hamilton won out and current bondholders paid
ii)Hamilton faced stiffer opposition to fed’l assumption of state debts b/c ppl of states with few debts (such as VA) would pay taxes to service large debts of other states (like MA). Compromise w/ Virginians moved capital from Philadelphia to a southern location along Potomac R. for VA support of bill
iii)Bank bill most heated debate, Madison, Jefferson, Randolph, others argued Congress should exercise no powers Const did not assign it. Bill passed House and Senate, Bank of United States began operating 1791 under 20 yr charter
iv)Passage of excise tax and tariff 1792. Whole program won support of the influential population- restored public credit, speculators, manufacturing + merchants prospered. However, small farmers (maj of pop) complained of tax burden, taxes to state, excise tax on distillation, + tariff- feeling Federalist program served interests not of ppl but of wealthy elites
c)The Republican Opposition
i)Framers believed organized political parties dangerous, should be avoided would lead to factions (Madison Fed Papers #10), but eventually Madison and others convinced that Hamilton and Federalists had become a majority and used their power to control appts, offices, and rewards to supporters
ii)B/c Federalist structures thought to resemble corrupt Brit govt and menacing structure, critics felt only alternative vigorous opposition thru emergence of alternative political organization- the Republican Party
iii)By late 1790s Republicans creating even greater apparatus of partisan influence- correspondence btwn groups, influenced state and local elections
iv)Both groups believed represented only legitimate interest group, neither conceded right of other to exist- factionalism known as “first party system”
v)Leaders of Repubs James Madison and Thomas Jefferson, Jefferson believed in an agrarian republic w/ independent farmer-citizens tilling own soil. Didn’t oppose commerce, trade or industry, but feared cities, urban mobs, and advanced industrial economy b/c of increase of propertyless workers
3)Establishing National Sovereignty
a)Securing the Frontier
i)1791 PA farmers refused to pay whiskey excise tax, Washington called militia from 3 states, Whiskey Rebellion collapsed- intimidation won allegiance
ii)Fed govt won loyalty of frontiersmen by accept territories as new states (NC 1789, RI 1791 last of 13 colonies)- VT 1791, Kentucky 1792, Tennessee 1796
b)Native Americans and the New Nation
i)Clashes with natives raised question of Indians’ place of in federal structure. Constitution recognized tribes as legal entities, but not outright nations
ii)Constitution did not address main issue of land, Indians lived within US boundaries but offered some measure of sovereignty
c)Maintaining Neutrality
i)In 1791 GB sent first minister to US, question of US neutrality arose in 1793 when French govt from revolution of 1789 went to war with GB
ii)French rep to US Edmond Genet violated Neutrality Act and tried to recruit Americans to French cause- US ships as privateers, raids against Spanish
iii)GB Royal Navy began seizing US ships trading w/ French in West Indies1794, anti-British feelings high, Hamilton concerned b/c war meant end to English imports- main revenue for financial system dependent from duties
d)Jay’s Treaty and Pinckney’s Treaty
i)Hamilton feared pro-French State Dept, had Washington send Chief Justice and Federalist John Jay to negotiate treaty with GB
ii)Jay’s Treaty in 1794 failed to compensate Brit assaults on ships and withdrawal of Brit forces from frontier, but prevented war, established American sovereignty over Northwest, satisfactory commercial relationship
iii)American backlash followed b/c not enough Brit promises, Republicans and some Federalists offered opposition but ultimately ratified by Senate
iv)Jay’s treaty allowed peace to be made with Spain b/c raised fears of Brit/American alliance in North America, Pinckney’s treaty 1795 recognized US right to Mississippi, Florida border, control of Indian raids from FL
4)The Downfall of the Federalists
a)The Election of 1796
i)Washington retired 1797, in “Farewell” worried over foreign influence on gov’t, including French efforts to frustrate Federalist diplomatic program
ii)Open expression of political rivalries after Washington- Jefferson running for Republicans, Hamilton too many enemies so VP John Adams Fed candidate
iii)Federalists could win majority of electors 1796 pres. election for Adams but factional fighting within party caused second candidate Thomas Pinckney to receive many votes- resulted in Jefferson finishing second, became VP.
iv)Federalists divided, strong Republicans opposition, Hamilton still lead party
b)The Quasi War with France
i)US relations w/ GB + Spain improved after treaties, deteriorated w/ France b/c of impressments of US ships and sailors
ii)President Adam’s pursued reconciliation by appointing bi-partisan commission of Charles Pinckney, John Marshall, Elbridge Gerry to negotiate
iii)French foreign minister Talleyrand demanded loan and bribe, Adams turned over report of this to Congress w/ names deleted- “XYZ Affair” caused outrage at France, Federalist gained support for response
iv)Adams asked Congress to cut off trade, 1798 created Dept of Navy (very successful capturing French ships), cooperated w/ GB
v)France reconciled, new govt of Napoleon 1800 new commercial arrangements
c)Repression and Protest
i)Conflict w/ France led to Federalist majority 1798, to silence Republican opposition passed the Alien and Sedition Acts
ii)Alien Acts restricted places obstacles for foreigners becoming citizens, Sedition Act allowed govt to prosecute libelous or treasonous activity- but definitions allowed govt to stifle any opposition—Repubs fought back
iii)Adams cautious in implementation but still repressive, Republican leaders hoped for reversal from state legislatures
iv)Jefferson + Madison had VA, KY adopt resolutions arguing when govt exercised undelegated powers, its acts “void”. Used Locke’s “compact theory”: states were part of contract, fed govt had breached contract, therefore states could “nullify” the appropriate laws—only VA and KY did so
v)By late 1790s national crisis b/c nation so politically divided
d)The “Revolution” of 1800
i)1800 pres election saw same candidates- Adams’ and Jefferson’s supporters showed no restraint or dignity in their assaults against other
ii)Crucial contest in New York where Aaron Burr (candidate for VP) mobilized Rev War veterans, the Tammany Society, to serve as Repub political machine- Repubs eventually won the state and election
iii)In partisan atmosphere Jefferson and Burr votes tied, the previous Federalist Congress had to choose between the two in a vote (H of Reps decides when no majority), ultimately Hamilton and Federalists elected Jefferson
iv)After election only judiciary branch still Federalist, Judiciary Act of 1801 had created many new positions which Adams had filled before leaving office
v)Republican viewed victory as savior from tyranny, believed new era would begin where true founding principles would govern
