Chapter #9: The Confederation and the Constitution Big Picture Ideas 1.

. The Articles of Confederation, the first government set up after the American Revolution, was structured out of fear of a too-strong government. Therefore, the Articles were very weak on purpose. 2. Two things showed the Articles as being too weak to the point of being sterile: (a) it could not regulate commerce and the money situation was growing dim fast and (b) Shays Rebellion frightened many to the possibility that mobs might just take over and the government might be too weak to stop them. Due to these reasons, the Constitutional Convention was held. 3. The Constitution was written as something of a balancing act between strengthening the government, yet making sure it doesnt get too strong to take over. The resulting government was indeed stronger, but also a system of checks and balances were put into place to ensure no one branch becomes like the king had been. 4. After some negotiating, mostly with the promise of the Bill of Rights, the Constitution was ratified. IDENTIFICATIONS: John Lockes Second Treatise of Government John Lockes Second Treatise of Government is a work of political philosophy published anonymously in 1689 by John Locke. It outlines Lockes ideas for a more civilized society based on natural rights and contract theory. Federalist #10 Federalist #10 is an essay written by James Madison and the tenth of the Federalist Papers, a series arguing for the ratification of the U.S. Constitution. It stated that big republic would be a better guard against those dangers than smaller republics. Republican Government Republican Government was a notion of representative government. When the new constitution was made, this notion came up. Land Ordinance of 1785 Land Ordinance of 1785 said that Lands North of the Ohio River was divided into sixteen distircts, which established a precedent for the future division of lands in the Ohio Valley. Land Ordinance of 1787 Land Ordinance of 1787 stated that Old Northwest regions would first begin as a territory, subordinate to the Federal government. Territories would become a state when it had 60,000 inhabitants.

Necessary and Proper Clause Necessary and Proper Clause, also known as elastic clause states that Congress will have the power to make all laws which shall be necessary and proper for carrying into Execution of the foregoing powers. Federalist Papers Federalist Papers were written by Alexander Hamilton, John Jay and James Madison. It was the most important commentary ever written on the Constitution. Shays Rebellion Shays Rebellion was a rebellion led by Captain Daniel Shays, who organized farmers to march on several cities, closed courthouuses and prevented the courts from seizing any more farms or throwing debtors into prison. They demanded cheap paper money, lighter taxes, and suspension of mortgage foreclosures. Annapolis Convention Annapolis Convention was where the Virginia legislature issued a call to all states to discuss trade and interstate commerce. Only delegates from 5 states arrived on time even though 9 states agreed. Philadelphia Convention Philadelphia Convention was called by Congress under pressure of Alexander Hamilton. Its sole purpose would be to consider amendments to the Articles of Confederation. Delegated Powers Delegated Powers, or enumerated Powers are the powers that are clearly stated out in the Constitution. These are powers of the federal government.

English Traditions

Limited Govt
Magna Carta 1215 Bill of Rights 1689 Balance of power b/t King and Parliment

Colonial Governments Right to vote Natural rights philosophy Separation of powers

Checks and balances

Influences on The U.S Constitution

NY State Constitution
Included Bill of Rights First popularly elected executive Right to petition Right to vote
The Iroquois Confederacy Peace, justice, power of good minds

Indians can do it, so can we

Reserved Powers Reserved Powers or residual powers are those powers which are not enumerated in the Constitution. Concurrent Powers Concurrent Powers are powers in nations with a federal system of government that are shared by both the State and the federal government. Supremacy Clause Supremacy Clause stated that Congress gained the right to regulate commerce, both foreign and domestic. The Constitution became the supreme law of the land. Anti-Federalists Anti-Federalist was a faction that believed that the government is best which governs least. They tended to be small farmers, artisans, illiterates and from the poorer classes GUIDED READING QUESTIONS: The Pursuit of Equality Know: Leveling, Society of the Cincinnati, Virginia Statute for Religious Freedom, Abigail Adams, Republican Motherhood, John Singleton Copley 1. What social changes resulted from the American Revolution?

Indentured servants were freed, because their status violated democratic ideals. Anglican Churches were de-anglicized and reformed as the Protestant Episcopal Church. The struggle for divorce between religion and government was won by Thomas Jefferson and his co-reformers, including the Baptists with the passage of the Virginia Statute for Religious Freedom. Continental Congress in 1774 called for the complete abolition of the slave trade. Some states abolished slavery and provided for the gradual emancipation of blacks, but none of the states south of Pennsylvania abolished slavery. The idea of republican motherhood came forth as the selfless devotion of a mother to her family was cited as the very model of proper republican behavior. Constitution Making in the States Know: State Constitutions, Fundamental Law 2. What was the importance of the state constitutions? The state constitutions had many features in common. Their similarity made easier the drafting of a workable federal charter. American state constitutions were contracts that defined the powers of government, as did the old colonial charters, but they drew their authority from the people, not from the royal seal of a distant king. The state constitutions were intended to represent a fundamental law, superior to the transient whims of ordinary legislation, including bills of Rights. Economic Crosscurrents Know: Navigation Laws, Empress of China, Speculation 3. What were the positive and negative effects of the war on America?

The negative effect of the war on America was that much of the coveted commerce of Britain was still reserved for the loyal parts of the empire. American ships were barred from British and British West Indies harbors. Also, fisheries were disrupted, and bounties for ships stores had ended. Congress had failed in making effective economic laws and inflation ruined many of the citizens. Some of the positive effect of the war was that Americans could trade freely with foreign nations without any restrictions like mercantilism. A Shaky Start toward Union Know: Natural Rights 4. Why was the end of the war difficult on the national government? It was difficult to set up a new government and a new type of government. Also, at the end of the war, the common cause among the Patriots was gone. British manufacturers began flooding the American market with cut rate goods. War-baby American industries were damaged from such ruthless competition. Creating a Confederation Know: Sovereignty, Articles of Confederation 5. What forces served to unify the separate states during the war? A notion of creating the new nation was one of the forces that served to unify the separate states during the war. Unanimous approval of the Articles of Confederation by the thirteen states was required, which brought the 13 states to agree upon one idea. The Articles of Confederation: America's First Constitution 6. What weaknesses plagued the Articles of Confederation? What was good about it? Weaknesses were that there was no executive branch and the vital judicial arm was left almost exclusively to the states. All states had a single vote, which meant 68,000 Rhode Islanders had the same voice as more than ten times that many Virginians. All bills dealing with subjects of importance required the support of 9 states. Also, any amendment of the Articles required unanimous ratification, which was almost impossible. In addition, the Articles of Confederation had power to neither regulate commerce nor enforce its tax-collection program. In spite of their defects, the Articles of Confederation was a significant steppingstone toward the present Constitution, in that it clearly outlined the general powers that were to be exercised by the central government. Landmarks in Land Laws Know: Old Northwest, Land Ordinance of 1785, Northwest Ordinance of 1787 7. Explain the importance of the Land Ordinance of 1785 and the Northwest Ordinance.

The Land Ordinance of 1785 provided that the acreage of the Old Northwest should be sold and that the proceeds should be used to help pay off the national debt. The lands were divided into 6 miles square, each of which in turn was to be split into 36 1mile squares. The 16th square was to be used for the benefit of the public schools. The Northwest Ordinance of 1787 was a judicious compromise that stated 2 evolutionary territorial stages. Subordinate territories would belong to the federal

government until their population grows to 60,000 inhabitants. At this point, the subordinate lands became states and were given all the privileges of the 13 charter members. The World's Ugly Duckling Know: Natchez, Dey of Algiers 8. Using examples, explain the title of this section. United States was pressured by many forces. Spain was openly unfriendly to the new nation and closed the river to American commerce in 1784. Spain and England prevented America from exercising effective control over about half of its total territory. Even France demanded the repayment of money loaned during the war and restricted trade with their bustling West Indies and other ports. Pirates of the North African states, including the arrogant Dey of Algiers, were ravaging Americans Mediterranean commerce and enslaving Yankee sailors. The Horrid Specter of Anarchy Know: Shay's Rebellion, Mobocracy 9. Were the United States of America in danger of falling apart under the Articles of Confederation? Explain. The requisition system of raising money was breaking down. States refused to pay anything while complaining about the tyranny of King Congress. As veteran backcountry farmers were losing their farms through mortgage foreclosures and tax delinquencies, they rebelled. Led by Captain Daniel Shays, the debtors rioted with their muskets demanding the states tot issue paper money, lighten taxes, and suspend property takeovers. This rebellion caused mobocracy in which people fear the rioting of people. It also called for a strong central government. A Convention of "Demigods" Know: George Washington, Benjamin Franklin, James Madison, Alexander Hamilton, Patrick Henry 10. What kind of men gathered in Philadelphia for the "sole and express purpose of revising" the old government? Every state chose representatives that were appointed by the state legislatures, whose members had been elected by voters who could qualify as property holders. Most of the members were lawyers, and most of them fortunately were old hands at constitution making in their own states. George Washington was the chairman of the demigods. James Madison came to be known as the Father of the Constitution. Alexander Hamilton proposed a powerful central government. Patriots in Philadelphia 11. How does George Washington's quote, "We have, probably, had too good an opinion of human nature in forming our confederation." help to explain the purposes of our founding fathers. Delegates were determined to preserve the union, forestall anarchy, and ensure security of life and property against dangerous uprisings by the mobocracy. They sought to curb the unrestrained democracy rampant in the various states. As George Washington stated, Articles of Confederation

was formed upon the bases that peoples hospitality was given. However, people refused to donate money, and constant uprisings lead to its failure. Hammering out a Bundle of Compromises Know: Virginia (large state) Plan, Bicameral Legislature, New Jersey (small state) Plan, Great Compromise, Electoral College, Three-fifths Compromise 12. Describe the compromises that were achieved by the delegates to the Constitutional Convention. As delegates were conflicted between Virginias large state plan and New Jerseys small state plan, they came up with the Great Compromise, which stated that House of Representatives would have representation by population, and in Senate, no matter how poor or small, each state would get two representatives.

Safeguards for Conservatism Know: Checks and Balances, Separation of Powers 13. How democratic was the Constitution was originally written? The new charter also contained democratic elements. It stood foursquare on the two great principles of republicanism, that the only legitimate government was one based on the consent of the governed or citizens, and that the powers of government should be limited by constitution. The Clash of Federalists and Anti- federalists Know: Anti- federalists, Federalists 14. Who were the anti- federalists and why did they oppose the Constitution? Antifederalists were those who opposed the stronger federal government. They were joined by paper-moneyites and debtors, many of whom feared that a potent central government would force them to pay off their debts. Larger number of antifederalists saw in the Constitution a plot by the upper crust to steal power back from the common folk. The Great Debate in the States 15. Did most of the states approve of the Constitution? Why? The antifederalist states, Massachusetts, New Hampshire, Virginia, New York, North Carolina, and Rhode Island, did not approve the Constitution. However, in order to ratify the Constitution, 9 out of 13 states had to approve it, which meant that at least 2 of the antifederalist states had to ratify it. First was Massachusetts, which ratified the Constitution after getting an assurance of amendments that secured peoples rights, or Bill of Rights. The next to come was New Hampshire. The federalists cleverly arranged a prompt adjournment and then won over enough waverers to secure ratification.

The Four Laggard States Know: Alexander Hamilton, John Jay, James Madison, The Federalist 16. Explain some of the opposition to ratification of the Constitution? Antifederalists saw the Constitution as a source of limiting liberty. Dissents developed from several antifederalist states, but last-ditch dissent developed in only two states: Rhode Island and North Caroline. A hostile convention met in North Carolina, then adjourned without taking a vote. Rhode Island did not even summon a ratifying convention, rejecting the Constitution by popular referendum. A Conservative Triumph 17. What does your text mean when it says that the Constitution, "...elevated the ideals of the Revolution even while setting boundaries to them."? The three branches, executive, judiciary, and legislature effectively represented the people. By embedding the doctrine of self-rule in a self-limiting system of checks and balances among the branches, the Constitution reconciled the potentially conflicting principles of liberty and order.

Chapter #10: Launching the New Ship of State Big Picture Ideas 1. Alexander Hamilton, get the U.S. on a solid foothold. With the Bill of Rights quickly ratified, the top problem the new nation faced was financial in nature. 2. Secretary of State Alexander Hamilton developed a plan that included (a) starting a national tariff, (b) starting a tax on whiskey, (c) setting up a national bank, and (d) paying off the national debt. 3. Politics quickly fell into two camps: (a) those who followed Thomas Jefferson became the Democratic-Republicans and (b) those who followed Alexander Hamilton became the Federalists. 4. Turmoil broke out Europe with the French Revolution, mostly between England and France. The U.S. nearly got sucked into European issues, but both Washington and John Adams kept the America out of war. This was best for the U.S. IDENTIFICATIONS: Washingtons Cabinet Washingtons Cabinet is a group of department heads who serves under the president. It was first created by George Washington, who was the precedent to the Presidential Cabinet. Judiciary Act of 1789 Judiciary Act of 1789 organized the Supreme Court, with a chief Justice and five associates, as well as federal district and circuit courts, and established the office of attorney general. John Jay was chosen to be the first chief justice of the United States. Federalists Federalists were one of the two parties during Washingtons administration. Federalists were led by Alexander Hamilton and favored Congress and minority. Democratic-Republicans Democratic-Republicans, or Jeffersonians, was one of the two parties during Washingtons presidency. Democratic-Republicans were led by Thomas Jefferson and they favored the majority of poor agricultural people.

Hamiltons vision vs. Jeffersons vision Hamilton favored the minority group of rich people. He believed that they could help revive the American economy, which was heavily burdened with debts. He enforced many favorable laws for the rich people, which caused Jeffersonian to disagree with him. He saw the Constitution as elastic, which enforced loose construction of the Constitution. Jefferson favored the majority group of poor people. He worked for the agricultural and poor group of people in South. As an antifederalist, he enforced a strict construction of the Constitution, which stated that Congress could only do what the Constitution says.

Report on Manufactures and Report on the Public Credit The Report on the Subject of Manufactures, is the third report of Alexander Hamilton. It was presented to Congress on December 5, 1791 and recommended economic policies to stimulate the new republics economy and ensure the independence won with the conclusion off the Revolutionary War in 1783. Jays Treaty Jay Treaty was a treaty made by John Jay with Britain in order to avert the possible war. John Jay was deemed as a traitor by the Jeffersonian because of this treaty. He promised Britain to pay off the debt still owed to British merchants on pre-Revolutionary accounts, which caused poor Jeffersonian to get mad. Pinckneys Treaty Pinckneys Treaty was made with Spain in 1795, because Spain feared that the treaty foreshadowed an Anglo-American alliance. It granted the Americans virtually everything they demanded, including free navigation of the Mississippi and the large disputed territory north of Florida. Washingtons Farewell Address Washingtons Farewell Address was made by Washington in 1796. As he was retiring, he advised the avoidance of permanent alliances and prohibition of party divisions. Midnight appointments Midnight appointments set the stage for the first conflict between the executive and judicial branches. Adams had proposed legislation in 1799 to reorganize the judiciary and increase the number of federal courts and judges, but Congress did not pass the measure. Revolution of 1800 Convention of 1800 was a memorably treaty signed in Paris. France agreed to annul the 22 year old marriage of convenience, but as a kind of alimony the U.S. agreed to pay the damage claims of American shippers. It ended the alliance with France. Judiciary Act of 1801 Judiciary Act of 1801 was proposed earlier by John Adams and was passed by Federalist

Congress. Adams used his authority under the Act to pack the courts with Federalists judicial appointments during the final two months and up to the last days of his administration. XYZ Affair XYZ Affair occurred in 1797 when Adams envoys were secretly met with French agents known as X, Y, and Z. They asked for quarter million just to talk to the French foreign minister, Talleyland. Because of this, the Navy Department was created. Chisholm v Georgia Chisholm v Georgia is considered the first U.S. Supreme Court case of significance and impact. In 1792 in South Carolina, Alexander Chisholm attempted to sue the state of Georgia in the Supreme Court over payments due to him for goods. GUIDED READING QUESTIONS: Washington for President Know: George Washington, Cabinet, Thomas Jefferson, Alexander Hamilton, Henry Knox 1. Was Washington an important president? Explain. Washington was the only presidential nominee ever to be honored by unanimity. By establishing the presidential cabinet, he put his stamp on the new government. Although the Constitution does not mention a cabinet, Washington got helps from department heads such as Secretary of Sate Thomas Jefferson, Secretary of the Treasury Alexander Hamilton, and Secretary of War Henry Knox. The Bill of Rights Know: James Madison, Ninth Amendment, Tenth Amendment, Judiciary Act, John Jay 2. What important steps were taken by the first congress? James Madison feared that a new convention might unravel the narrow federalist victory in the ratification struggle, so he was determined to draft the amendments himself. Adopted by the necessary number of states in 1791, the first ten amendments to the Constitution, or Bill of Rights, came. But the existence of these amendments might lead to the conclusion that they were the only rights protected. So Madison added the 9th amendment which ensures that certain rights not recorded in the amendments are just as important. Also, 10th amendment was proposed to affirm the sovereignty of the state government. The first Congress also created effective federal courts under the Judiciary Act of 1789 which organized the Supreme Court. John Jay was the first chief justice of the U.S. Hamilton Revives the Corpse of Public Credit Know: Funding at Par, Assumption of State Debts 3. How did Alexander Hamilton's economic plans lead to the District of Columbia? Secretary of Treasury, Alexander Hamilton urged Congress to assume the debts of the states, which came up to be about $21.5 million. The state debts could be regarded as a proper national obligation. States burdened with heavy debts, like Massachusetts, were delighted by the proposal. In contrast, to the states with small debts, like Virginia, it meant that they had to pay more to make up for

national debt. However, Virginia wanted the forthcoming of federal district, the District of Columbia. Hamilton had to negotiate the terms with Jefferson. Hamilton urged for assumption and in return Virginia would have the federal district on the Potomac. Customs Duties and Excise Taxes Know: Revenue Tariffs, Protective Tariffs, Excise Taxes 4. Explain Hamilton's overall economic plan for America. Although the national debt swelled to $75 million, Hamilton wasnt worried. Instead, he thought of the debt as an adhesive to the union. He wanted the money to pay the interest to come from customs duties, derived from a tariff. If also depended on a vigorous foreign trade. Hamilton also thought that the industrial revolution would soon reach America, which made him to argue strongly for protection for the manufacturing groups. Hamilton Battles Jefferson for a Bank Know: Bank of the United States, Strict Construction, Loose Construction, Elastic Clause 5. How did the issue of the Bank of the United States reveal a difference in understanding about the Constitution between Jefferson and Hamilton? Hamiltons proposal of the Bank of the United States revealed a difference between Jefferson and Hamilton. Thomas Jefferson believed in strict construction of the constitution. And according to this, the right to create the bank was reserved to the state, not the federal, since the Constitution didnt say anything about creation of banks. However, Hamilton believed in loose construction of the Constitution, which stated that Congress held power to pass any law that seemed necessary and proper. He argued that since the Constitution grants the Congress a power to collect taxes and regulate trade, it was proper and necessary to create a bank, even if it wasnt stated in the Constitution. From this, the Elastic Clause was invoked. Mutinous Moonshiners in Pennsylvania Know: Whiskey Rebellion 6. Was the Whiskey Rebellion a victory for freedom, order, or both? Explain. The Whiskey Rebellion was a victory for order, because it caused Washingtons government to summon state militias to stop the rebels. The state militias granted power to the government which commanded a new respect. The Emergence of Political Parties Know: Factions, Parties 7. Why did political parties develop during George Washington's presidency? Were they good or bad? Political parties were developed because of Jefferson and Madisons opposition to Hamiltons proposals. The legitimacy of parties and their competition for power has actually proved to be among the indispensable ingredients of a sound democracy. The party system played the invaluable role of the balance wheel on the machinery of government, ensuring that politics never drifts too far out of kilter with the wishes of the people.

The Impact of the French Revolution Know: Democratic-Republicans, Federalists, French Revolution, Reign of Terror 8. In what way did the French Revolution expose the differing views of DemocraticRepublicans and Federalists? Federalists who feared change, reform and leveling principles were from the outset dubious or outspokenly hostile to the despicable mobocracy. Jeffersonians, or Democratic-Republicans on the other hand, were overjoyed. When the bloodshed began, Jefferson said that one could not expect to be carried from despotism to liberty in a feather bad and that a few thousand aristocratic heads were a cheap price to pay for human freedom. Washington's Neutrality Proclamation Know: Franco-American Alliance, Neutrality Proclamation, Citizen Genet 9. Explain the reasoning for and against Washington's Neutrality Proclamation. Washington believed that war had to be avoided at all costs. He reasoned that if America was out of broils of Europe for a generation or so, it would then be populous enough to assert its maritime rights with strength and success. Embroilments with Britain Know: Anthony Wayne, Battle of Fallen Timbers, Treaty of Greenville 10. How did British actions towards Native Americans and American merchant ships incite many Americans? On the sea frontier, the British were eager to starve out the French West Indies and naturally expected the United States to defend them under the Franco-American alliance. Commanders of the Royal Navy struck American merchant ships savagely, ignoring Americas rights as a neutral. These actions incensed patriotic Americans. Jay's Treaty and Washington's Farewell Know: Jay's Treaty, Farewell Address 11. Did John Jay betray American interests in Jay's Treaty. John Jay was sent to London in 1794 to avert the war with Britain. In Jays Treaty, the British promised to evacuate the chain of posts on U.S. soil and consented to pay damages for the recent seizures of American ships. Britain forced Jay to pay the debts still owed to British merchants on pre-Revolutionary accounts. This made the Jeffersonians mad, because the South had to pay the debt to British merchants, while industrial north got money from their damaged ships. Angered Jeffersonians treated Jay as a traitor. John Adams Becomes President Know: John Adams, High Federalists 12. What handicaps did John Adams face as he became president? People regarded John Adams with respectful irritation. Also, John Adams had to fill in Washingtons post, which proved to be hard. In addition, Adams was hated by Hamilton, who had

resigned from the Treasury in 1795 and who headed the war faction of the Federalist Party known as the High Federalists. John Adams had a conspiracy rather than a cabinet on his hands. Unofficial Fighting with France Know: John Marshall, XYZ Affair, "Millions for Defense, but Not One Cent for Tribute 13. What French actions brought America close to war in the closing years of the 18th century?

French saw Jays Treaty as a step toward an alliance with Britain. French warships, in retaliation, began to seize defenseless American merchant vessels, altogether about 300 by mid 1797. Also, Paris regime haughtily refused to receive Americas newly appointed envoy and even threatened him with arrest. When John Adams sent three envoys, one of which was John Marshall, to France, they were met secretly met with people known as X,Y and Z, who demanded quarter million just to talk to Talleyrand, the French foreign minister. John Marshall refused, and the war hysteria swept through the U.S. Adams Puts Patriotism above Party Know: Napoleon Bonaparte, Convention of 1800 14. How did avoiding war with France hurt John Adams' political career? John Adams unexpectedly exploded a bombshell when, early in 1799, he submitted to the Senate the name of a new minister to France. Hamilton and his war-hawk faction were enraged. The Federalist Witch Hunt Know: Alien Laws, Sedition Act 15. Explain the reasons for the passage of the Alien and Sedition Acts. The Federalists wanted to minimize their Jeffersonian foes. They raised the residence requirements for aliens who desired to become citizens from a tolerable 5 years to and intolerable 14. In Alien Act, the president was empowered to deport dangerous foreigners, and in Sedition Act, it was forbidden to trash talk the governmental officials. The Federalists did this in order to weaken the Jeffersonian. The Virginia (Madison) and Kentucky (Jefferson) Resolutions Know: Compact Theory, Virginia and Kentucky Resolutions, Nullification 16. Which was more dangerous to the US Constitution: the Alien and Sedition Acts or the Virginia and Kentucky Resolutions? Explain.

The Alien and Sedition Acts were more dangerous to the US Constitution, because they were direct violations to the Constitution. In contrast, the Virginia and Kentucky Resolutions were made to counter the Federalists Alien and Sedition Acts. Federalists versus Democratic-Republicans 17. What were some key differences between Federalists and Democratic Republicans?

Federalists preferred rule by the best people, while Democratic-Republican preferred rule by the informed masses. Federalists wanted a powerful central government at the expense of states rights. Also they wanted a powerful central bank. However, Democratic Republicans wanted a weak central government so as to preserve states rights and they encouraged the state banks. Also, Federalists considered the debt as a blessing while Democratic-Republicans saw them as a bane to the country.