Constitutional Period

Constitutional Period Unit IIB AP American History

A New Form of Government? • States drafted new constitutions • Defined citizens’ rights • Increased the power of the legislatures • Fear of powerful executives • Republicanism vs. democracy • Republicanism preferred landed elites, power in the hands of a few • Democracy synonymous with “mob rule” and development of corrupt factions • Debate on who may vote • Whites? Property owners? All males? Women? Christians?

Articles of Confederation • Each state retains its “sovereignty, freedom, and independence” • Unicameral legislature and weak national government • No executive or judicial system • Could not regulate commerce • Voting and Ratification • Each state received one vote • No new tax or amendments without unanimous consent

Northwest Ordinance • Land Ordinance of 1785 • Six-square-mile township • Each township divided into 36 sections of 640 acres each • One section contributed as source of income for schools • Northwest Ordinance of 1787 • Land north of Ohio River • Forbade slavery unless new state legalized it • Admitting states • Appoint territorial officials • Once 5,000 adult males settled then vote on temporary constitution and legislature • When population at 60,000, residents approve state constitution • Angered Natives • Hoped for British support • Deals with the Spanish

Problems with the Articles • War debt led to increased borrowing from abroad • Lack of faith in currency led to inflation • Failure to generate and appropriate funds • New England suffers from British trade prohibitions • Middle States have prosperous harvests • Southern States introduce new crops leading to underemployment of slave labor

Tensions rise Jay-Gardoqui Treaty New England’s depression Merchants and shippers preferred a stronger government to secure improved commerce Massachusetts farmers in serious debt Held meetings protesting “tyrannical Mass. government” Daniel Shays led 2,000 men to shut down western courts to avoid foreclosures Failed but support for Shays and farmers grew Nationalists more determined to reform the Articles fearing disunion Shays’s Rebellion (1786-1787)

Toward a Constitution • Annapolis Convention (1786) • After a meeting run by Washington, delegates from five states meet in Maryland to discuss interstate commerce • Decide to reform Articles with other delegates • Constitutional Convention at Philadelphia • All states but Rhode Island • Held in secrecy • Common nationalist viewpoint • Reform Articles or devise new government altogether? • The Delegates • 55 total delegates; all white males • Mostly wealthy, middle-aged, professional (especially lawyers or politicians) • 19 delegates owned slaves • George Washington, Alexander Hamilton, James Madison, Benjamin Franklin

Virginia Plan Strong central government Virtually total legislative control over the states Bicameral legislature Proportional representation to each states population in both houses Lower house directly elected Lower house elected upper house with input from state legislatures Both houses chose executive and judicial New Jersey Plan Unicameral legislature Each state with an equal vote Representation?

Great Compromise • Bicameral legislature • Lower house (House of Representatives) based on proportion of each state’s population and directly elected • Upper house (Senate) based on equal representation of 2 senators each and elected by state legislatures • NOTE: Virginia and New Jersey Plans allowed for Congress to pass revenue bills, regulate commerce, supremacy over states

Separation of Powers/Checks and Balances/Federalism • National government divided equally among three branches: legislative (make laws), executive (enforce laws), judicial (interpret laws) • Each branch checked each other • Federalism: division of powers between national government and states

Three-Fifths Compromise and Slavery • Concerning representation, Southern states requested slave populations counted while Northern states noted hypocrisy and advantage • Each slave counted as 3/5ths a person • Prohibited citizens from preventing return of escaped slaves • Importation of slaves banned by 1808

Strong central government Well-funded and politically organized Favored by merchants, urban centers, frontiersmen The Federalist Papers Federalist No. 10 Federalist No. 51 States rights Argued for a Bill of Rights Favored by small farmers Federalists vs Anti-Federalists

Bill of Rights • First Ten Amendments • Guarantee of civil liberties • First Amendment • Establishment Clause • Freedom of… • Tenth Amendment • Federalism

Washington and the Constitution • Washington unanimously elected • John Adams as VP • Status and leadership • The Cabinet • Secretary of State, Treasury, War; Attorney General • Judiciary Act of 1789 • NOTE: Supreme Court held final decisions • Established federal judicial system • Federal district court in each state • Attorney General created • Whiskey Rebellion (1794) • Use of federal troops exemplified national power

Reports on the Public Credit Develop the nation’s credit especially abroad Fund debt by selling bonds Assume state debts Pay off interest rather than pay principle: “perpetual debt” Opponents argued wealthy would benefit greatly Southern farmers fear growth of Northern businesses Brokers a deal with Madison and Jefferson Assume debt Capital in the South Report on a National Bank Safe place for revenues Develop nation’s credit Issue of paper notes Established as a private institution Opponents - Jefferson and Madison Another attempt to enrich the Northern businesses and commercial interests Washington signs into law in 1791 Chartered for 20 years Hamilton argued based on “necessary and proper clause” (SEE MCULLOGH V. MARYLAND - 1819) Hamilton and the National Bank

Opposition and Whiskey Rebellion • Hamilton’s economic policies tended to benefit urban and commercial interests • Southern and Western farmers had little benefit • Excise tax on domestic whiskey • Western Pennsylvanian farmers attacked federal tax collectors • Washington and Hamilton led federal troops and quashed the rebels • Asserted federal authority over lawlessness • Public could denounce and protest laws

Washington’s Foreign Policy • Growing fear of Spain and Natives in the West • French Revolution alienates U.S. and France • Citizen Genet • Treaty of Greenville • After routing Shawnees at Battle of Fallen Timbers • Jay’s Treaty (1796) • Removed British from Northwest forts • Most-favored trade status to Britain • No compensation for lost slaves • Treaty of San Lorenzo/Pinckney’s Treaty (1796) • Established boundaries with Spain • Unrestricted trade access on the Mississippi River

Federalists Pro-British Anti-French revolution Vote for elites, not policies Democratic-Republicans Diffuse power among people Included small farmers, merchants, artisans Pro-France Washington’s Farewell Address Retired after two terms Condemned political parties and partisan conflicts Preserve treaties and avoid alliances Political Parties & Washington’s Farewell

John Adams’s Presidency • Election of 1796 • Federalists had New England, New Jersey, South Carolina • Dem-Reps had South • Pennsylvania (D-R) and New York (Fed) • XYZ Affair • French seized American ships • French ambassador demanded bribe to meet delegation • Reaction led to Quasi-War (1798-1800) • Alien and Sedition Acts (1798) • Deport or jail foreign citizens believed as threats • Expel foreign residents if considered dangerous • Increase residency requirement • Criticism of government prohibited • Kentucky and Virginia Resolutions • Madison’s Virginia Resolution • State legislatures, through interposition, never surrendered right to determine constitutionality of federal actions • Jefferson’s Kentucky Resolution • Ultimate sovereignty reserved for the states • Could nullify federal laws

Election of 1800 • Political efficacy more than doubled given the increased partisan politics • Dem-Reps gathered increased support as Federalists weakened • Adams lost, but Thomas Jefferson and Aaron Burr tied • Hamilton secured Federalist support for Jefferson • House elected Jefferson • Smooth transition of leadership signaled the success of the New Republic

An American Society • In the past, most families produced for personal consumption • In the new nation, families attempted to meet new demands and focused on production with old and new markets • New class of entrepreneurs and investors • Split between manufacturers (Hamilton) and farmers (Jefferson)

Women in the New Republic • Little gain for women regarding civic rights and status as wives • Could choose who to marry; less emphasis on obedience and subordination • Having less babies due to urbanization, smaller farm lands, burdens of pregnancies • “Republican motherhood” • Civic duty to teach children on nation’s ideals • Increased educational opportunities • Outside opportunities still limited

Blacks and Slaves in the New Republic • Increase in hypocrisy of liberty/equality and existence of slavery • Improved slave conditions • More protections on free blacks regarding movement and property • Civic rights still limited, even by federal law • Opportunities as artisans and landowners • Benjamin Banneker • Free African Society of Philadelphia • Richard Allen & Absalom Jones • Fugitive Slave Law • Escaped slaves returned with no trial by jury or evidence • Free blacks not afforded Bill of Rights • Gabriel’s Rebellion (1800) • Inspired by Haitian Revolution and took advantage of partisan politics • Plot uncovered and increased fears among slave owners • The introduction of the cotton gin • Eli Whitney (1793) invented machine to separate cotton seeds from fibers • With increased production, demand for slaves increased and “King Cotton”

Massachusetts - 100% 7,378 Free Blacks Vermont - 100% 557 Free Blacks New Hampshire - 99% 855 Free Blacks Rhode Island - 90% 3,304 Free Blacks Pennsylvania - 89% 14,564 Free Blacks Connecticut - 85% 5,300 Free Blacks Delaware - 57% 8,268 Free Blacks New York - 33% 10,374 Free Blacks New Jersey - 26% 4,402 Free Blacks Maryland - 16% 19,587 Free Blacks Virginia - 6% 20,124 Free Blacks North Carolina - 5% 7,043 Free Blacks South Carolina - 2% 3,185 Free Blacks Georgia - 2% 1,019 Free Blacks Kentucky - 2% 741 Free Blacks Tennessee - 2% 309 Free Blacks United States - 11% 108,395 Free Blacks Percentage of Free Blacks of Total Black Population (1800) Total U.S. Population: 5.3 million Total Black Population: 1 million

Natives in New Republic • Populations and lands severely depleted due to famine, disease, and encroachment by white settlers • Taken advantage by white traders due to unfamiliarity to American economic system • Indian Trade and Intercourse Acts (1790-1796) • Protect against illegal land seizures and abuses • “civilization” programs

Constitutional Period