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

IDENTIFICATIONS: John Lockes Second Treatise of Government The Second Treaties outlines John Locke's idea for a more civilized society based on natural rights and contract theory. Federalist #10 Written by James Madison, it is part of the book The Federalist that was organized by Alexander Hamilton, John Jay, and James Madison. Federalist #10 states that it is not impossible to extend a republican form of government over a large territory. Republican Government A form of government founded on the principle of elected individuals representing the people Land Ordinance of 1785 A law that claimed that the acreage of the Old Northwest should be sold to help pay off the national debt. This divided lands into six miles by six miles in which one of the miles had a public school. Land Ordinance of 1787 A law that states that a territory will be owned by the federal government until it obtains a population of 60,000, then they could form into a state, and still receive equal rights as the other states. It forbade slavery to the new lands. Necessary and Proper Clause Also called the "elastic clause", It was a "broad interpretation" of the Constitution and allowed Congress to pass any laws that were considered necessary and proper to carry out the powers vested in the various government agencies. Federalist Papers Also called The Federalist, It was a book that persuaded the ratification of the Constitution. It was written by mainly Alexander Hamilton along with John Jay and James Madison Shays Rebellion A rebellion led by Daniel Shay and his followers of poor, backcountry farmers, who also fought in the revolution. These farmers were angry because they were losing their farms from mortgages and taxes from the government. The rebels demanded that the state issue paper money, lighten taxes, and suspend property takeovers. Annapolis Convention A Constitutional Convention that was held in Annapolis, Maryland in 1786, and its main purpose was to discuss the issue of commerce. However, only 5 states attended the convention which resulted in failure. Philadelphia Convention A Constitutional Convention that was called up by Alexander Hamilton after the failure of the Annapolis Convention. Its main purpose was to improve the Articles of Confederation. Delegated Powers Delegated powers are the powers which are usually given by a higher office to a smaller office, in terms of making decisions that should have been made by that higher office. Reserved Powers Reserved powers are those given to a specific political authority (either state or federal gov't). The U.S. constitution gives power to the state government. Concurrent Powers Powers in nations with a federal system of government that are shared by both the State and the federal government. They may be exercised simultaneously within the same territory and in relation to the same body of citizens. Supremacy Clause It provides that the "Constitution, and the Laws of the United States shall be the supreme Law of the Land." It means that the federal government, in exercising any of the powers enumerated in the Constitution, must prevail over any conflicting or inconsistent state exercise of power

Anti-Federalists Usually the poorest class that opposed the Constitution because they believed that it took away liberty and gave too much power to the government. GUIDED READING QUESTIONS: The Pursuit of Equality Know: Leveling, Society of the Cincinnati, Virginia Statute for Religious Freedom, Abigail Adams, Republican Motherhood, and John Singleton Copley 1. What social changes resulted from the American Revolution? After the American Revolution the social class in the colonies went through a leveling, in which the extreme classes (poor, rich) went towards the middle, by title change. Americans ridiculed the Society of the Cincinnati, which was an exclusive hereditary order created by the officers of the Continental Army. The Virginia Statute for Religious Freedom was formed by Thomas Jefferson, and it disestablished the Church of England and gave freedom of religion in Virginia. Slavery was abolished in some states(mostly North, no South), but discrimination still existed. Abigail Adams said that the women would start their own rebellion because the women did not get equal rights. The idea of Republican Motherhood appeared, and this gave educational opportunities to women in hopes that they would cultivate their families to be virtuous and unselfish. Constitution Making in the States Know: State Constitutions, Fundamental Law 2. What was the importance of the state constitutions? The state constitutions would officially declare the colonies as states. These constitutions contained fundamental law that defined the power of the government, which came from the people. These documents also made the executive and legislative branch very weak. Economic Crosscurrents Know: Navigation Laws, Empress of China, Speculation 3. What were the positive and negative effects of the war on America? The positive effects of the Revolution were that the states seized the lands of rich Loyalists and split into small farms (Speculation). Americans could freely trade with other countries without any restrictions, and this allowed the American ship, the Empress of China, to trade ginseng and open up the markets in East Asia. However, there were also many negative effects in the war. The British Navigation Laws made much of the British trade reserved for the loyal part of the country, and blocked Americans from trading with the British West Indies. The government was also in huge debt, there was inflation, and a new wealthy class started to show up. A Shaky Start toward Union Know: Natural Rights 4. Why was the end of the war difficult on the national government? It was difficult because they were inexperienced with making a new government. The idea of Natural Rights made people suspicious of people with authority and this created more disunity among the states. Creating a Confederation Know: Sovereignty, Articles of Confederation 5. What forces served to unify the separate states during the war? During the war the thirteen colonies had a strong sense of sovereignty and lacked much unity. When the Articles of Confederation was created, it took nearly 4 years for all the colonies to ratify the article. Smaller colonies were jealous of larger colonies, so the larger colonies gave some of their land to the government where they used it for the public benefit, and this unified the colonies. The Articles of Confederation: America's First Constitution 6. What weaknesses plagued the Articles of Confederation? What was good about it? The Articles of confederation had many problems. It allowed each state to have a single vote, which created conflicts. In order for a bill or law to be passed it required nine states to agree and for the amendment of the Articles required all the states. This caused passing and amending laws very rare and difficult. The

government could not control trade and collect taxes. However the Articles of Confederation was significant because it led the way for the creation of the present constitution. 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 Old Northwest was the public domain acquired from the state. The Land Ordinance of 1785 stated that the land of the Old Northwest would be sold to pay off the nation's debt. According to the law the land would be divided into 36 square miles in which one would become a school. The Northwest Ordinance of 1787 claimed that a territory would belong to the government until it reaches 60,000 in population, where they could form into a state, and receive equal rights as other states. The law also forbade slavery to the new lands. The World's Ugly Duckling Know: Natchez, Dey of Algiers 8. Using examples, explain the title of this section. The title is referring to America, because at that period it was the most hated and bullied nation in the world. The British refused to send a minister, closed their West Indies trade, and kept a trading post on U.S soil and fur with Indians. Spain closed the river to American commerce and used the fort, Natchez, to scheme with the Indians to disrupt the Americans at the east. France also restricted trade with their west indies until they repaid their loans. Pirates of the North African states such as Dey of Algiers ravaged American ships and enslaved the 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 United States were in danger of falling apart because it had a weak government which resulted in lack of order and money. A result of this weak government was Shay's Rebellion, in which poor farmer, that also fought in the revolution, led a rebellion because they were losing their farms through the taxes. After the rebellion many people believed that the revolution led to a creation of a nation that is ruled by the mass or Mobocracy, so they wanted a stronger 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? Representatives, who were usually a group of propertied men, lawyers, and previous writers of constitutions, gathered in Philadelphia. Many famous members came such as George Washington who chosen as the chairman of the convention, Ben Franklin who added the urbanity of the elder statesman, James Madison who was so significant that he was called the "father of the Constitution", and Alexander Hamilton who was an advocate of a powerful central government. Patrick Henry was chosen as a delegate from Virginia but he declined because he believed that he "smelled a rat". 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. George Washington is stating that the confederation put too much trust and power in the people and this resulted in our "founding fathers" such as Daniel Shay, Dey of Algiers, and Lord Sheffield, to take advantage of this right and threaten America with it, which resulted in the formation of a new more improved present Constitution. 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. During the Convention Virginia proposed the Virginia (large state) Plan, which provided a bicameral or twohouse congress that is represented by the population. But the New Jersey (small state) Plan provided a

unicameral congress in which each state had an equal representation despite the size. After conflicting conflicts the Great Compromise was created, and it states that the House of Representatives would be represented by population and each states will have 2 senates. The Electoral College is a compromise between election of the President by a vote in Congress and election of the President by a popular vote of qualified citizens. The Three-fifths Compromise stated that slaves counted as three-fifths of a vote. Safeguards for Conservatism Know: Checks and Balances, Separation of Powers 13. How democratic was the Constitution as originally written? The Constitution was very democratic because it provided a Separation of Powers between 3 branches of government, and it also provided the Checks and Balances that allowed the branches to check each other so that no one branch could get too much power. The Clash of Federalists and Anti- federalists Know: Anti- federalists, Federalists 14. Who were the anti- federalists and why did they oppose the Constitution? The Anti-federalists were the poorest classes that opposed the Constitution. They opposed it because they were afraid of a stronger central government because they would be forced to repay their debts. They also thought that the Constitution was aristocratic and non-democratic. The Great Debate in the States 15. Did most of the states approve of the Constitution? Why? 9 states approved the Constitution but 4 of the states didn't approve. Some states did not approve because they had a majority of anti-federalists. They also did not like the absence of a bill of rights. But some federalist assured them that congress would put a safeguard by amendment. The Four Laggard States Know: Alexander Hamilton, John Jay, James Madison, The Federalist 16. Explain some of the opposition to ratification of the Constitution? Some people opposed to the ratification of the Constitution because they believed that it was a death to liberty. Antagonists to federalism, such as Patrick Henry, were persuasive orators that aroused the opposition to the Constitution. However, there were some influential people who were for federalism in New York such as Alexander Hamilton along with John Jay and James Madison. They persuaded by writing the book The Federalist, in which they talk about the benefits of federalism. 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 Constitution set boundaries to the idea of Revolution by creating a stronger and firmer central government that has more power and control, which is what the Revolutionaries were fighting against. But the Constitution also elevated the ideals of the Revolution by creating 3 separate branches of government that effectively represents the people, while each branch limits the power of the other branches.

Chapter #10: Launching the New Ship of State Big Picture Ideas IDENTIFICATIONS: Washingtons Cabinet: A handful of advisers chosen by Washington including Hamilton as the Secretary of Treasury, Jefferson as the Secretary of State, and Henry Knox as the Secretary of War Judiciary Act of 1789 This act established the judicial courts of America controlled by the federal government such as the Supreme Court. Federalists: A political party that was for the constitution and believes in a strict government and loose construction of the Constitution; consisted of mainly aristocratic members of the colonial society Democratic-Republicans: The political party started as the anti-federalists by Thomas Jefferson demanding a weak central government and stating that the states should retain most of the power; this party appealed to the middle class and the underprivileged Hamiltons vision vs. Jeffersons vision Hamilton advocated rule by the best people and most of his support came from the merchants, manufacturers, and shippers along the Atlantic Coast; Hamilton advocated a strong central government with power to crush democratic excesses and protect estates of the wealthy. Jefferson favored government for the people, but not all people, just the educated white males. He sought to create a weak central government that was closely regulated by the states. Jefferson insisted that there be no on special privileges for special glasses and he favored the farmers over the manufacturers. Report on Manufactures and Report on the Public Credit The Report on Manufactures was a set of economic guidelines presented by Hamilton following the conclusion of the Revolutionary War to secure independence by promoting growth in manufacturing by using tariffs. The Report on the Public Credit was another economic principle proposed by Hamilton aimed to fix the debt problem and also tie the states to the central government by having the central government pay all the states debts at face value. Jays Treaty A treaty made by Chief Justice and Federalist John Jay that won America few concessions and forced colonists to pay debts still owed to British merchants. This treaty damaged Washingtons reputation and vitalized the newborn Democratic-Republican Party. Pinckneys Treat: Fearing of an Anglo-American alliance, the Spanish struck a deal with the U.S., giving them virtually everything they demanded, including free navigation of the Mississippi and the large disputed territory of North Florida Washingtons Farewell Address: Washington strongly advised the avoidance of permanent foreign alliances and advised against the creation of political parties. Midnight appointments: Adamss official appointments of court positions from the Judiciary act of 1801 right before leaving office Revolution of 1800 Also known as the presidential election of 1800, it ushered in the rule of the Democratic Republicans after Jefferson defeated John Adams in the election which led to the demise of the Federalist Party. Judiciary Act of 1801 allowed President John Adams to nominate members of his own Federalist party to sixteen Circuit and five new District judge positions. XYZ Affair

After Jays treaty, the French began attacking the Americans and John Adams sought to prevent war by sending an envoy to talk to Talleyrand, the French Foreign Minister. However once Adams envoys had reached Paris they were approached by 3 go betweens referred as X,Y, and Z that demanded a loan of 32 million florins for a chance to talk to the minister. Chisholm v Georgia: Known as the first major Supreme Court case in which Alexander Chisholm sued the state of Georgia over payments due to him for the goods he gave Georgia during the Revolutionary War GUIDED READING QUESTIONS: Washington for President Know: George Washington, Cabinet, Thomas Jefferson, Alexander Hamilton, Henry Knox 1. Was Washington an important president? Explain. George Washington established the first presidential cabinet that consisted of the three department heads who would give the President advice on issues at hand. Washingtons cabinet consisted of Thomas Jefferson (Secretary of State), Alexander Hamilton (Secretary of Treasury), and Henry Knox (Secretary of War). This was his stamp on the presidency and throughout the his administration the cabinet meetings eventually became part of the administration. 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? Led by James Madison, the first congress was quick to make amendments to the Constitution to protect the rights of its citizens from a strong central government. Amendments like the 9th and 10th respectively ensured that certain rights should not be used to impose on another persons rights and that all rights not explicitly delegated in the Constitution was reserved to the people and State. 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? Alexander Hamilton yet again proved his genius by paving the way to a stable economy through corrections of economic vexations that had crippled the Articles of Confederation. The young financiers first goal was to bolster the national credit by paying off the national debt. He called this fund at par which meant the government will pay off its debts at face value; a grand accumulation of 54 million dollars. Hamilton also pushed Congress to assume the debts of the states in order to tie the states more closely to the new government. Customs Duties and Excise Taxes Know: Revenue Tariffs, Protective Tariffs, Excise Taxes 4. Explain Hamilton's overall economic plan for America. Hamilton imposed the first tariff law, charging a small tax on all imported goods. Although the revenue was far by the main goal, the tariff sought to protect the infant industries that cried for more protection. Hamilton envisioned of an industrial revolution and favored for more protection of these manufacturing groups, a key part in his economic program. In 1791, Hamilton sought to make additional internal revenue urging Congress to pass the excise tax on a few domestic items such as whisky. 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? As a capstone to his financial plan, Hamilton proposed the Bank of the United States of which the government would be a major stockholder in and use as strongbox. Jefferson interpreted the Constitution literally and argued that the Constitution did not authorize the creation of a national bank. To this Hamilton used a loose construction of the document and responded that the Constitution did not say that the government could not create a national bank either and invoked the elastic of the constitution that Congress may pass any laws necessary and proper to carry out the powers invested in the various government agencies.

Mutinous Moonshiners in Pennsylvania Know: Whiskey Rebellion 6. Was the Whiskey Rebellion a victory for freedom, order, or both? Explain. The Whiskey Rebellion started as a refusal to pay the excise taxes as many southerners used whiskey as a form of currency. This forced Washington to send militiamen to quell the rebellion. In the end it was a victory for order as it showed how a strong central government could deal with these type of situations better than that of a weak government (Shays Rebellion). The Emergence of Political Parties Know: Factions, Parties 7. Why did political parties develop during George Washington's presidency? Were they good or bad? Out of resentment against Hamiltons revenue-raising and centralizing policies, an organized opposition began to build; what once was a personal feud between Hamilton and Jefferson developed into a full-blown, bitter political rivalry. The two-party system has existed in the United States since that time (1792); ironically, tin light of early suspicions about the legitimacy of parties, their competition for power has actually proved to among the indispensable ingredients of a sound democracy. The party out of powerthe loyal oppositiontraditionally plays the invaluable role of the balance wheel on the machinery of government (checks and balances) 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 Democratic-Republicans and Federalists? In its early stages, the upheaval was surprisingly peaceful, involving as it did a successful attempt to impose constitutional shackles on Louis XVI; the American people, loving liberty and deploring despotism, cheered; only a few ultraconservative Federalists, fearing change, reform and leveling principles, were hostile to the mobocracy. Late in that year, the electrifying news reached America that French citizen armies had hurled back the invading foreigners and France had proclaimed itself a republic. However, the guillotine was set up, the king was beheaded in 1793, the church was attacked, and the head-rolling Reign of Terror was begun under Robespierre. Such approbation was shortsighted, for dire peril loomed ahead; the earlier battles of the French Revolution had not hurt America directly, but now Britain was sucked into contagious conflictthe conflagration speedily spread to the New World, where it vividly affected the expanding young American Republic (duel for control of Atlantic). Washington's Neutrality Proclamation Know: Franco-American Alliance, Neutrality Proclamation, Citizen Genet 9. Explain the reasoning for and against Washington's Neutrality Proclamation. The Franco-American Alliance bound the United States to aid their French allies to defend their West Indies and many Democratic Republicans were eager to enter the conflict against Britain. However, Washington did not want to go to war as the nation in 1793 was militarily feeble, economically wobbly, and politically disunited. Applying the strategy of delay, Washington boldly issued his Neutrality Proclamation that warned American citizens to remain impartial to both armed camps and remain aloof from the Old War quarrels. A representative of the French Republic, Citizen Genet, arrived on the coast of South Carolina and began recruiting privateers and soldiers to launch invasion; he believed the neutrality proclamation did not express the true desire of the people. Washington demanded Genets withdrawal as he wanted the U.S. to stay isolated. 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?

The British refused to leave their northern frontier posts in defiance of the peace treaty of 1783 and sold firearms to the Miami Confederacy that terrorized the Americans invading their lands. After being defeated by the Confederacy 1791, the U.S. army under the command of Anthony Wayne routed the Miamis in 1794 at the Battle of Fallen Timber and forced their surrender after the British refused to shelter their allies. The Treaty of Greenville was signed in 1795, giving vast tracts of Old northwest to the U.S. while providing the Indians rights to hunt on the land and receive an annuity of 9,000 dollars. During this time, the British hoped to starve out the West Indies and ignored Americas neutrality and seized about 300 American merchant ships. These actions incensed patriotic Americans and cries for war in the defense of liberty were heard. Jay's Treaty and Washington's Farewell Know: Jay's Treaty, Farewell Address 11. Did John Jay betray American interests in Jay's Treaty. Jays Treaty was highly controversial and even damaged Washingtons reputation. During negotiations, he secretly supplied the British with the Americans bargaining plan and doing so did not receive many concessions. However he had Americas financial interests in mind and in doing so helped establish trade between the America and Britain. After his second term, Washington retired and in his farewell address he advised against permanent alliances and against political parties. John Adams Becomes President Know: John Adams, High Federalists 12. What handicaps did John Adams face as he became president? John Adams became the 2nd president of the U.S. and had stepped into Washingtons shoes, which no successor could hope to fill. On top of that, Adams was hated by Hamilton, who had resigned from the Treasury in 1795 and headed the war faction of the Federalists known as the High Federalists. John Adams also inherited the violent quarrel with France. 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? The French were infuriated by Jays Treaty and condemned it a step toward an alliance with Britain; they assailed the pact as a violation of the Franco-American Treaty of 1778. Adams envoys, reaching Paris in 1797, hoped to meet Talleyrand, the crafty French foreign minister but were secretly approached by three gobetweens, later referred to as X, Y, and Z who demanded an unneutral loan of about $250,000 to talk with Talleyrand. War preparations in the United States were pushed along at a feverish pace, despite considerable Jeffersonian opposition in Congressthe Navy Department was created; the three-ship navy was expanded, the United States Marine Corps was re-established. Adams Puts Patriotism above Party Know: Napoleon Bonaparte, Convention of 1800 14. How did avoiding war with France hurt John Adams' political career? By avoiding war with France, Adams went against the choice or popularity therefore not securing his second term or new plaudits to the Federalist Party. He chose to avoid as he realized it was necessary while the country was still weak. In 1800, Adam sent another envoy to talk to Napoleon Bonaparte, who had recently seized dictatorial power and was eager to free his hands of the American Squabble. After a great deal of haggling, the peace treaty of 1800 or Convention of 1800 was signed annulling the 22 year old marriage. The Federalist Witch Hunt Know: Alien Laws, Sedition Act 15. Explain the reasons for the passage of the Alien and Sedition Acts. Exulting Federalists had meanwhile capitalized on the anti-French frenzy to drive through Congress in 1798 laws designed to muffle or minimize their Jeffersonian foes. Two additional Alien Laws struck heavily at undesirable immigrants; the president was empowered to deport dangerous foreigners in time of peace and to deport or imprison them in time of hostilitiesarbitrary grant of executive power. The Sedition Act provided that anyone who impeded the policies of the government or falsely defamed its officials would be

liable to a heavy fine and imprisonment. These laws were designed to oust the poor European Immigrants as many of them were drawn to the Democratic Republican Party. 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. Jefferson feared that if the Federalists managed to choke free speech and free press, they would then wipe out other precious constitutional guarantees; his own fledgling political party might even be stamped out of existence (one-party dictatorship). Fearing prosecution for sedition, Jefferson secretly penned a series of resolutions, which the Kentucky legislature approved in 1798 and 1799; his friend and fellow Virginian James Madison drafted a similar but less extreme statement of the resolutions, which was adopted by the legislature of Virginia in 1798. The Alien and Sedition Acts were more dangerous as they posed the threat of a dictatorship and so Madison and Jefferson attempted to nullify it. Federalists versus Democratic-Republicans 17. What were some key differences between Federalists and Democratic Republicans? Most federalists of the pre-Constitution period became Federalists in the 1790s; largely welded by Hamilton into an effective group by 1793, they openly advocated rule by the best peoplethose who own the country ought to govern it. Hamiltonian Federalists also advocated a strong central government with the power to crush democratic excesses like Shays Rebellion, protect the lives and estates of the wealthy, and subordinate the sovereignty-loving states of the United States. Jeffersonian Republicans demanded a weak central regimethe best government was the one that governed the least; the bulk of the power should be retained by the states. Jeffersonian Republicans insisted that there should be no special privileges for special classes, particularly manufacturersagriculture was the favored branch of economy. Above all, Jefferson advocated the rule of the people; he favored government for the people, but not by all the peopleonly by those men who were literate enough.