Why did the supporters of the Constitution [Federalists] have an advantage over those supporting states’ rights [Anti-Federalists]? What were their biggest fears?
Those who favored adoption of the new Constitution were called Federalists. It was they who had favored a strong central government. Those who wanted a decentralized federal system were called Anti-federalists. The Federalists had something of an advantage over the anti-federalists. They had been members of the Constitutional convention; knew the document well, and were more prepared to argue for it than those who opposed it. By and large, they were more articulate than their opponents.
2. What were some of the arguments made by the Anti-Federalists? What was their biggest fear about a strong, centralized government?
Increased taxes, feared obliterate states, favor “well-born” over commoners, end individual liberty, inevitably produced despotism.
3.Why can it be said that the first Congress served almost as continuation of the Constitutional Convention?
Almost all elected were in favor of ratification ; many served as delegates.
4.What were the provisions of the Judiciary Act of 1789?
Supreme Court of 6 members w/ Chief Justice ; 5 associate judges 13 District courts w/ 1 judge apiece 3 circuit courts of appeal.
3/5s clause- A compromise between the northern states not wanting slaves counted, and southern states wanting all slaves counted, when determining a state’s total population.
elastic clause- A statement in the U.S. Constitution that granted Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers.
federalism- Constitutional arrangement in which power is distributed between a central government and subdivisional governments, called states in the United States.
republicanism- a form of government in which leaders are elected for a specific period by the preponderance of the citizenry, and laws are passed by leaders for the benefit of the entire republic, rather than a select aristocracy.
strict constructionist- refers to a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation.
loose [broad] constructionist- . A theory of interpretation of the Constitution that holds that the spirit of the times, the values of the justices, and the needs of the nation may legitimately influence the decisions of a court, particularly the Supreme Court. Sometimes called judicial activism
checks & balances- Each of the three branches of government can limit the powers of the others. This way, no one branch becomes too powerful.
October 31, 2016
Assignment 2 Questions
Why did Alexander Hamilton push for the federal assumption of state debts?
In order to encourage state and federal bondholders to look to the central government for eventual payment, which strengthened the centralized government’s economy.
2.What arguments did Hamilton make to support the creation of a national banking system?
Hamilton argued that a national banking system would fill the void of a well-developed banking system, provide loans and currency, give the government a safe place to deposit federal funds, collect taxes and disburse the government’s expenditures, and would keep up the price of government bonds.
3.Identify the two types of taxes that Hamilton proposed.Hamilton proposed a tax on distillers of alcohol, and a tax on imports?
The alcohol tax fell most heavily on the whiskey distillers of the backcountry (Pennsylvania, Virginia, and North Carolina), and later caused the Whiskey Rebellion. The import tax was aimed to raise revenue and to protect American manufacturing from foreign competition.
4. What arguments did Hamilton make for the federal government assuming state debts “at par?” What was the position taken by his opposition on this issue?
Hamilton argued for assuming state debts “at par” because the plan was impractical, and that the honor of the government required that it paid the actual bondholder themselves, not the original lenders who sold the bonds. His opponents, led by James Madison, believed that some of the value should be returned to the original buyers. Madison proposed dividing the federally funded bonds between the original purchasers and the spectators.
5. How was the assumption issued resolved?
The assumption issue was resolved when Hamilton and his supporters made a bargain with Virginia to help the bill pass. This deal involved moving the capital to the South, on the banks of the Potomac River, which divided Virginia and Maryland, on land that Washington would choose.
6. Why did small farmers oppose Hamilton’s broad economic program?
Small farmers opposed Hamilton’s broad economic program because they believed that they had to bear a proportionate tax burden.
7. What were the reasons for the Whiskey Rebellion? Who was it aimed at particularly?
The Whiskey Rebellion was a result of the whiskey excise tax that was put on whiskey distillers, and greatly affected many backcountry farmers who distilled liquor with surplus crops. It was mainly aimed at the Federalists, but the tax collectors were terrorized as a result, similar to Stamp Act collectors had been before the revolution.
8.How did Washington’s reaction to the Whiskey Rebellion underscore the difference between the Constitution and the Articles of Confederation?
Washington’s reaction of mustering a 15,000 army of three colonial militias showcased the power of the new, centralized government, and displayed how the new government could control uprisings and military affairs. This compares directly to Shays’ rebellion, except while Shays’ rebellion wasn’t stopped until much later, the Constitution allowed Washington to form an army and end the rebellion through intimidation.
9.How did the government under the Constitution guarantee that people on the frontier would be loyal to it? What was the impact on Native Americans?
The government under the Constitution guaranteed that people on the frontier would remain loyal by accepting their territories as new states in the Union. By becoming new states, these people would now be loyal to the government. This often challenged the Native American’s claim to land, and led to constant land disputes and border wars for ten years.
10.How and where in the Constitution are Native Indians mentioned? What constitutional issues emerged regarding Native Americans?
The Native Indians are mentioned in the Constitution, first in Article I, which excluded “Indians not taxed” from being counted in population totals that determined number of seats for a state in the House. They are also mentioned in Article VI, which gave Congress the power to regulate commerce with foreign Nations, and among the several States, and with the Indian Tribes. The issues that came up were that the Constitution recognized the Tribes as legal entities and made it clear that they were not foreign nations, but still did not receive any direct representation in the new government. Nothing in the Constitution dictated the main battle between the US and Indians, so this was left to treaties, agreements, and judicial decisions.
11.What diplomatic problems did the French Revolution and the war that followed pose for the United States? How did Washington and Congress deal with this problem?
The French Revolution and the war that followed because the French wanted the US to honor the old alliance and fight against the British with the French, and the British wanted the Americans to be allies to fight against France. As a result, Washington and Congress decided to attempt to remain neutral, and maintain a sense of neutrality in the Revolution and the following war.
12.Identify some of the challenges to American neutrality.
The first major challenge to this neutrality came from France’s first diplomatic representative, Edmond Genet. Genet disembarked in Charlestown and encouraged American ship owners to act as privateers for the French navy, employed Southern ports to build and outfit French warships, and recruited Rogers Clark to lead a military expedition into Spanish held Florida. Eventually Genet’s party was out of power, and he lost his influence. The second challenge to American neutrality came from the British, when the Royal Navy began taking hundreds of American ships engaging in trade with the French owned West Indies. In addition, reports came that the governor general of Canada had delivered a war-like speech to Indians on the northwestern frontier, and America was close to another war with Britain which was solved by Jay’s treaty.
13.What were the circumstances that sent John Jay to England? What were the results of his mission? How did Jay’s Treaty affect American relations with Spain?
Washington sent John Jay to England in order to avoid a war as a result of the Royal Navy seizing hundreds of American ships. Jay was sent with the goals to secure compensation for the recent British assaults on American shipping, to demand the withdrawal of British forces from the frontier posts, and to negotiate a new commercial treaty. Although he failed to achieve these goals, he did help prevent a war and established undisputed American control over the whole Northwest. In addition, it produced a good commercial relationship with Britain, which was essential to the American economy. Jay’s treaty allowed America to settle conflict with Spain, because it raised fears in Spain of a British – American alliance. This allowed Pinckney’s treaty to get the right to navigate the Mississippi, and to put the northern boundary along the 31stparallel, where the US wanted it. It also required Spanish authorities to prevent the Indians in Florida from launching raids across the border.
Federalists- The supporters of the proposed Constitution called themselves. Their adopted name implied a commitment to a loose, decentralized system of government.
Anti-Federalists- TheAntifederalistswere a diverse coalition of people who opposed ratification of the Constitution.
Bill of Rights – the first ten amendments to the US Constitution, ratified in 1791 and guaranteeing such rights as the freedoms of speech, assembly, and worship.
The Federalist Papers- collection of 85 articles and essays written (under the pseudonym Publius) by Alexander Hamilton, James Madison, and John Jay promoting the ratification of the United States Constitution.
Anti-Federalist Papers- The arguments against ratification appeared in various forms, by various authors, most of whom used a pseudonym
Judiciary Act of 1789 – the first official acts of Congress and filled in details, laying the groundwork for the federal court system as it exists today
Alexander Hamilton- a delegate to the Constitutional Convention and major author of the Federalist papers, was the United States’ first secretary of the treasury.
assumption [or the Compromise of 1790]- The first of three great compromises made by the North and South every thirty years in an attempt to keep the Union together and prevent civil war.
Report on Public Credit (1790)- issued byAlexander Hamiltonas a means to encourage order in the American economy for the benefit of commercial and industrial interests.
Report on Manufactures (1791)- one of the most penetrating statements of the protectionist philosophy ever made.
First Bank of the U. S.- Central bank chartered in 1791 by the U.S. Congress at the urging of Alexander Hamilton and over the objections ofThomas Jefferson.
Democratic-Republicans- formed by Thomas Jefferson and others who believed in an agrarian based, decentralized, democratic government. The party was established to oppose the Federalists who had supported and pushed through the ratification of the US Constitution.
Whiskey Rebellion- a revolt of settlers in western Pennsylvania in 1794 against a federal excise tax on whiskey: suppressed by militia called out by President George Washington to establish the authority of the federal government.
Edmond Genet- was the French ambassador to the United States during the French Revolution.
Jay’s Treaty(1795)- sought to settle outstanding issues between the two countries that had been left unresolved since American independence.
Pinckney’s Treaty (1795)- an agreement in 1795 between Spain and the U.S. by which Spain recognized the 31st parallel as the southern boundary of the U.S. and permitted free navigation of the Mississippi to American ships.
October 3, 2016
Assignment 3 Questions
Why was John Adams selected as the Federalist candidate in 1796?
ideal Federalist, had made too many political enemies, and had a higher chance of losing than Adams did. Since the Federalists wanted to have their man as president, they realized it would be more beneficial to have Adams ran for the Federalists, because although he wasn’t as politically savvy as Hamilton, he had a better chance of winning because he hadn’t made enemies, and would do better in the polls. Also, Adams, who had been the VP under Washington, had not been directly associated with the unpopular Federalist measures, and was seen as a moderate, and therefore stood a better chance of getting elected, so as a result, the Federalists selected him to run for president.
2.What circumstances led to an administration with a Federalist president and a Republican vice president?
Before 1800, each person only had one vote for the president; the vice president was whoever came in second. In 1796, a void between the two Federalists running created this situation. People who voted for Pinckney didn’t want to vote for Adams and an even larger amount of Adams supporters refused to vote for Pinckney, Adams only barely beat out Jefferson (by 3 electoral votes) and as a result Jefferson became vice president because the Adams supporters did not vote for Pinckney.
3.What caused the “quasi-war” with France during the Adams administration? What was the result of this struggle?
The Quasi war was somewhat caused by French ships capturing American ships during the period of Revolutionary France, where no one really had control, but it was mostly caused by the XYZ affair. Adams sent three diplomats over to negotiate with France, but France demanded a loan and bribes for all the officials, to which one of the diplomats, Thomas Pinckney replied “No! No! Not a sixpence!” When Adams heard of this, he sent a message to Congress denouncing the French insults and urging preparations for war. He turned over a report of the American diplomats, but deleted the names of the three French agents and designated them only as “Messengers X, Y, and Z” – which insulted the French, and created widespread outrage. As a result, all trade was cut off with the French, and American vessels were authorized to capture French armed ships. The American Navy actually won a few battles and eventually France chose to reconcile with America before the war grew. Napoleon Bonaparte established new trade arrangements, and as a result of the quasi war, America had freed itself from a perpetual alliance with France.
4. How did the Federalists attempt to silence those who opposed the undeclared war, and what groups did these attempts most affect?
The Federalists attempted to silence those people by passing the Alien and Sedition Acts, which limited what people could say criticizing the government, and placed new obstacles to foreigners wishing to immigrate to the US. The Alien act most affected immigrants and foreigners by making them feel unwelcome and alien. The Sedition acts most affected Republican journalists that could be targeted as a result of criticizing the government (only 10 were ever arrested on this charge).
5. Why weren’t the Alien and Sedition Acts declared unconstitutional?
The Alien and Sedition Acts weren’t declared unconstitutional because at the time, the 11thamendment hadn’t been passed, and the judiciary branch did not have the power to declare acts or bills unconstitutional. Before the 11thamendment, which defined the jurisdiction of the Supreme Court, the judicial branch had no right to declare acts unconstitutional, so the Alien and Sedition Acts couldn’t have even been declared unconstitutional at the time.
6.What gave rise to the Virginia and Kentucky Resolutions? What attitude toward the nature of the federal government did these Resolutions reveal?
The Alien and Sedition Acts gave rise to the Virginia and Kentucky Resolutions. It was Republicans’ way of fighting back at what they saw as a Federalist attempt to destroy them. Jefferson wrote the Kentucky resolution anonymously, and Madison wrote the Virginia one. Although the resolutions were not passed throughout the country, they did nullify the acts in Virginia and Kentucky. These acts revealed that many people believed that in the acts, the federal government was breaking its compact or contract to serve the people (John Locke ideals) and that their should be more checks and balances on government.
7.What were the key issues in the 1800 presidential election? Why was it called one of the dirtiest presidential campaigns in U. S. history?
The key issues in the 1800 presidential election was how much power the central government should have, how the society should be economically: Federalists wanted a strong, mercantile, international economy with a central bank while Republicans wanted an a society based on self-sustenance and small farmer agriculture (Jeffersonian ideals). It is considered one of the dirtiest presidential campaigns in US History because although Adams and Jefferson themselves were dignified, their supporters were pretty dirty. Federalists accused Jefferson of being a dangerous radial and his followers being wild men who would bring a reign of terror like the French Revolution. The Republicans claimed Adams was a tyrant trying to become king, and claimed the Federalist wanted to subvert human liberty and impose slavery on people. And the election even got personal: the Federalists supporters came up with the story of Jefferson’s alleged romantic involvement with a slave woman on his plantation.
8.Even though it looked like Jefferson had won the 1800 Presidential election outright, what complications emerged that endangered the Republican victory?
It emerged that in order to avoid a tie between Jefferson and Aaron Burr (the Republican vice presidential candidate in 1800), the Republicans had planned to have one elector to refrain from voting for Burr, but the plan went wrong and Jefferson and Burr tied. The House of Representatives had to choose between the two leading candidates, and finally Jefferson was elected.
9.How did the Judiciary Act of 1801, passed by a lame duck Federalist Congress, create future problems for Jefferson and the Republicans?
This created future problems for Jefferson and the Republicans because it gave the Federalists a stronghold in part of the government, and as a result of the different checks and balances, although the Federalists had lost the presidency, they maintained the judicial branch.
10.Why is it called the “Revolution of 1800?”
It is called the Revolution of 1800 because Jefferson himself used the phrase to describe his election. It represents a shift from Federalists held office and a country dominated politically by Federalist views to a country in control of Republicans. This change in power of politics is considered a revolution because it is a change in power (which is the definition of a revolution). The change from a government dominated by Federalists to one controlled by Republicans resulted in a shifting of power, which is why the election of 1800 is referred to as the “Revolution of 1800”.
XYZ Affair-a political and diplomatic episode in 1797 and 1798, early in the administration of John Adams, involving a confrontation between the United States and Republican France that led to an undeclared war called the Quasi-War.
Quasi-French War -The Quasi War was fought entirely at sea between the United States and the French from July 7, 1798, until the signing of the Treaty of Mortefontaine on September 30, 1800.
Alien and Sedition Acts(1798)-A series of laws were passed by the Federalist Congress in 1798 and signed into law by President Adams. These laws included new powers todeportforeigners as well as making it harder for newimmigrantsto vote.
Virginia & Kentucky Resolutions (1798)-political statements drafted in 1798 and 1799, in which theKentuckyandVirginialegislatures took the position that the federal Alien and Sedition Acts were unconstitutional.
nullification- the act of cancelling something.
“Revolution of 1800”-In what is sometimes referred to as the “Revolution of 1800,” Vice President Thomas Jefferson defeated President John Adams.
Panic of 1797- a series of downturns in Atlantic credit markets that led to broader commercial downturns in both Great Britain and the United States.
Aaron Burr-the third vice president of the United States, serving under President Thomas Jefferson. Burr fatally shot his rival, Alexander Hamilton, during a duel.
11th. Amendment-anamendmenttotheU.S.Constitution,ratifiedin1795,that prohibitedanindividualfromsuingastategovernmentinthefederal courts.
12th. Amendment-an amendment to the U.S. Constitution, ratified in 1804, providing for election of the president and vice president by the electoral college: should there be no majority vote for one person, the House of Representatives (one vote per state) chooses the president and the Senate the vice president.
Judiciary Act (1801)-U.S. law, passed in the last days of theJohn Adamsadministration (1797-1801), that reorganized the federal judiciary and established the first circuit judgeships in the country.
“Midnight Judges”-The “midnight judges” were selected by President John Adams, who signed appointments up until midnight on his last day in office.