Brinkley Chapter 6 Notes

Framing a New Government

Brinkley, Chapter 6
After Shays Rebellion, some of America's wealthiest and most
powerful groups called for a stronger national government.
The Constitution and the New Republic
Leading the way was Alexander Hamilton.

Hamilton found allies in James Madison and George Washington

who called for a Constitutional Convention.
55 delegates met in Philadelphia. All states
The "Founding Fathers" were young were represented except Rhode Island.
(44), well educated, wealthy property
owners, and feared concentrated
power.
The convention unanimously George
Washington to preside over its sessions. Was
closed to the public and to the press.

The Philadelphia Convention Issue of Representation

Not in attendance were John Adams (England) and Thomas Jefferson (France). Sam
William Paterson James Madison
Adams was not welcomed as he was deemed too fiery. Patrick Henry refused to attend
Rejected state
because he "smelt a rat."
sovereignty in

All delegates agreed: V. favor of the

"supremacy of
the national
Convention government" .
The US needed a stronger central government
rejected the
New Jersey
Each state received one vote in the Plan, but
Convention and a simple majority was supporters of
the Virginia
needed to pass a resolution.
Plan realized
they needed to
Independence Hall compromise.

Issue of Slavery
"Upper" Southern Issue of the Presidency
states such as VA
and MD hoped to
abolish the slave
trade.
V.
V.
"Lower" Southern
states such as SC
and GA refused to
partake in any union
that abolished the
slave trade.

To placate southern states, the

delegates agreed that the federal
government could not ban the
slave trade for 20 years. Article 1 Section 2

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Brinkley Chapter 6 Notes

Unresolved Issues
Issue of Trade
No definition of citizenship

Status of Indian Tribes

V.
Absence of a list of individual rights, restraining
the powers of the federal government
(A.K.A Bill of Rights)

No mention of slavery

Undoubtedly, Charlie Brown is awesome, but try to stay

away from this version of the Constitutional Convention!

The Constitution of 1787 The Question of Sovereignty

James Madison "The Father of the Constitution"
Madison's 2 most important achievements:
1. The question of sovereignty
2. The question of limiting power
How could a national government exercise sovereignty concurrently with
state governments? Where did ultimate sovereignty lie?
All power, at all levels of government flowed ultimately from the people.
Thus neither the federal government nor the state governments were truly
sovereign.

The resolution of the problem of sovereignty made possible one of the

distinctive features of the Constitution - Federalism , or the division of powers
between the national and state governments.

Discontinued in 1969

The Question of Limiting Power Adoption and Adaptation

Baron de Montesquieu Separation of Power & Checks and Balances 9 of 13 states were needed to adopt the Constitution.

States assembled delegates to begin their own conventions to vote on

ratification

A national debate ensued though over individual rights and the

protections of individual rights from the government

The nation was divided between Federalists and Anti-Federalists

Federalists - a term that opponents of centralization once used to describe

themselves - thus implying that they were less committed to a "nationalist"
government than in fact they were.

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Brinkley Chapter 6 Notes

Supporters: Supporters: Ratification

Washington Patrick Henry In the winter of 1787-1788, Delaware
Franklin Sam Adams ratified the Constitution first.
Madison Jefferson 11 9
Hamilton New Jersey & Georgia soon followed. 6
5 13
Jay Believed they
were the true 2 3
defenders of the
New Hampshire was the 9th state to ratify. 71
Revolution. 10
Government will North Carolina waited to see if in fact a 12
increase taxes,
Bill of Rights would be added. 8
weaken the
states, favor the
4
rich over the Rhode Island did not even consider
commoners, and ratification.
Wrote the Federalist Papers bolish individual
to support their position liberty

The First Congress The Federal Courts

The first Congress served in many The Constitution only states: "The judicial power of the United States shall

ways as a continuation of the be vested in one Supreme Court, and in such inferior courts as the Congress

Constitutional Convention. may from time to time ordain and establish."

Most important task was drafting

the Bill of Rights.

By early 1789, even James Madison

saw the importance of a Bill of
Rights.

9 of the first 10 Amendments placed limits on the federal government. The Judiciary Act of 1789 provided for a Supreme Court with 6 justices and a
system of lower courts and appeals courts

Executive Departments Federalists and Republicans

The Congress created three departments of the executive branch: Though the Constitution was ratified, there remained many philosophical
differences.
Federalists Democratic - Republicans
Secretary of State Secretary of Treasury Secretary of War
Washington & Hamilton Jefferson & Madison

Powerful group who Group whose members envisioned a

Henry Knox envisioned America as a more modest national government.

genuine nation-state, with Rather than aspire to be a highly

Established the Postmaster General and Attorney General
centralized authority and a commercial or urban nation, it

complex commercial should remain predominantly rural

economy. and agrarian.

Samuel Osgood Edmund Randolph

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Brinkley Chapter 6 Notes

Hamilton's Financial Plan

Hamilton and the Federalists
The new government needed the support of the wealthy and powerful. Government
For 12 years, the Federalists controlled the
needed to give elites a stake in success.
government partly because Washington
Hamilton outlined his vision in 3 plans proposed to Congress.
believed in a strong central government.
1. "Report on the Public Credit" (Jan. 1790)
But, he tried to avoid deliberations and
2. "Report on a National Bank" (Dec. 1790)
controversies in Congress.
3. "Report on Manufactures (Jan. 1791).

Alexander Hamilton rose as the face of the Federalist Party.

1. Hamilton asked Congress to redeem at face value the $55 million in Confederation
securities held by foreign and domestic investors.

Hamilton was one of the most aristocratic in political philosophy. Believed in As an underdeveloped nation, the US needed good credit to secure loans from
an elite ruling class. As Treasury Secretary he devised bold policies to Dutch and British financiers. However, his plan gave enormous profits to speculators,
enhance national authority and to assist financiers and merchants. who bought depreciated securities.

Hamilton's Financial Plan Hamilton's Financial Plan

Equally controversial was Hamilton's proposal to pay note holders with new interest- 2. Hamilton's bank plan would be jointly owned by private stockholders and the
bearing securities, thereby creating a permanent national debt. national government.

Hamilton then proposed that the national government further enhance public Hamilton argued the bank would provide stability to the specie-starved American

credit by assuming the war debts of the states. This assumption plan, costing $22 economy by making loans to merchants, handling government funds, and issuing bills

million benefitted the wealthy as they also purchased depreciated bonds. of credit. These potential benefits persuaded Congress to grant Hamilton's bank a
20 year charter and send the legislation to the president for his approval.
Few members of Congress rejected Hamilton's
Jefferson and Madison opposed Hamilton's plan. Jefferson believed the bank was
plan for funding the national debt, but many
unconstitutional. Jefferson's argument rested on a strict interpretation of the
opposed his proposal to exchange new bonds for
Constitution. Jefferson told Washington that it was not a power expressly "delegated to
old certificates of indebtedness on a dollar-for-
the United States by the Constitution."
dollar basis.

Many original bond holders were forced to Hamilton preferred a loose interpretation. He told Washington that Article 1 Section 8

sell them to speculators in the 1780s at a At the insistence of Hamilton, empowered Congress to make "All Laws which shall be necessary and proper" to carry

fraction of their face value. Congress passed the bill to out the provisions of the Constitution. Washington agreed with Hamilton and signed the
exchange the bonds. national bank legislation.

Enacting Hamilton's Program Hamilton's Financial Plan

Hamilton's assumption of debt proposal faced greater opposition. 3. Hamilton sought revenue to pay the annual interest on the national debt.

The funding and assumption of debts would require new sources of revenue. 2 new
Opponents argued that if the federal government took over the state debts,
taxes:
the states with small debts would have to pay taxes to service the states with
large ones. 1. Excise tax on alcoholic beverages, a 2. Tariff on imports, not only to raise
tax that would burden whiskey revenue, but to protect domestic
Massachusetts, for example, owed Hamilton had to compromise distillers and small farmers who manufacturers from foreign
much more money than Virginia. with the Virginians. converted part of their corn and rye competition
into whiskey.

In exchange for northern support for placing the nation's capital in the He urged the expansion of American manufacturing but did not want a protective
South close to Virginia, the south would vote for assumption of the states' tariff but a revenue tariff. As American trade increased, customs revenue rose
debt. The land was to be chosen by George Washington. steadily and paid down the national debt.

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Brinkley Chapter 6 Notes

Hamilton's Vision The Democratic - Republican Opposition

The Federalists offered more than a vision of a stable new government, but one run
The Constitution made no reference to political parties. Most framers believed
by an enlightened ruling class and an independent commerical economy.
political parties were dangerous.
Once enacted, Hamilton's program But, Congress agreed to Hamilton's bill
However, Madison and Jefferson believed
won the support of manufacturers, despite these objections. The Bank of
creditors, and other influential Hamilton and the Federalists were doing
the United States began operations in
segments of the population. 1791 in Philadelphia. many of the same things that the corrupt
British government had before the
Revolution.
Out of this rose the Democratic-Republicans.

Jefferson promoted a vision of an agrarian republic, in which most citizens

would farm their own land. Jefferson did not scorn commercial or industrial
activity, but believed the nation should be wary off too much industrialization.
Small farmers claimed they were taxed excessively and others argued the Federalist
program only benefited the wealthy elites, rather than everyone

Regional and Economic Differences Establishing National Sovereignty

The Federalists were most The Federalists consolidated their position by acting effectively in the
Electoral Map 1796
numerous in the commercial centers western territories and the West.
of the Northeast and in southern
Whiskey Rebellion
seaports as Charleston.
1794 - farmers in western Pennsylvania raised a major challenge to federal
authority when they refused to pay the new whiskey excise tax and began
Democratic - Republicans were
terrorizing tax collectors in the region.
stronger in the rural areas of the
South and West. Hamilton urged Washington to use the federal army and lead them into
Pennsylvania. The rebellion collapsed upon the approach of the militia.
The most glaring difference was the support of the French Revolution. The
The federal government won the allegiance of the whiskey rebels through
Federalists expressed horror and the Democratic-Republicans applauded
intimidation.
the democratic spirit.

Indians' Ambiguous Status War Between France and Britain

The new government inherited border conflicts with Indian tribes. Both Washington and Congress tried to remain neutral

These clashes revealed another issue the Constitution did little to resolve: 1794 - British Navy began to seize American ships in the West Indies.

The place of Indian nations Hamilton was concerned, war with England ended imports from England - most

within the new federal of the revenue to maintain his financial system came from these duties

structure
George Washington sent Chief
The Indians' legal standing.
Justice John Jay to negotiate a
settlement. Jay was instructed
The issue of land and the
to secure compensation for the
sovereignty of land
assault on American shipping.

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Brinkley Chapter 6 Notes

Jay's Treaty Election of 1796

Jay's treaty failed to garner compensation but it avoided a likely war.
Washington refused to run for a
Provided undisputed sovereignty over the entire Northwest (British removed the last 3rd term
of its troops) and produced a reasonably satisfactory commercial relationship.
Jefferson was the obvious choice as a
Pinckney's Treaty presidential candidate for the

Settled American disputes with Spain.

Democratic-Republicans

Spain recognized the right of the Americans

to navigate the Mississippi River and to The Federalists were caught
deposit goods in New Orleans between John Adams and
Alexander Hamilton
Agreed to the northern border of Florida
Hamilton created too many enemies to be a credible candidate and therefore
Spain commanded its authorities in Florida to stop Indian raids on the border.
nominated Adams

Quasi War with France XYZ Affair

Relations with Revolutionary France quickly deteriorated. When Adams heard of the incident with
Talleyrand, he urged Congress to prepare for
French vessels captured American ships
war.
on the oceans. The French government
refused to meet with American diplomat
In his message to Congress he referred to the
Charles Pinckney. The XYZ Affair provoked French officials as X, Y, and Z.
In an effort to stabilize relations, John popular outrage and

Adams appointed a bipartisan increased the strength of the

commission to negotiate with France. Federalist Party.

When the diplomats arrived in 1797, three agents of French foreign minister For nearly two years, the U.S.
Talleyrand demanded a loan for France and a bribe for French officials found itself engaged in an
before any negotiations could begin. The Americans refused. undeclared war with France.

Repression and Protest The "Revolution" of 1800

The empowered Federalists began to find ways to silence the Democratic-
Adams was the candidate for president of the Federalist Party and Jefferson
Republicans.
(Burr) for the Democratic-Republicans
The Alien and Sedition Acts
The Alien Act placed new obstacles in the way of foreigners who wished to Federalists accused Jefferson of
become American citizens, and it strengthened the president's hand in being a dangerous radical whose
dealing with aliens. followers were wile men who, if
they came to power, would bring
The Sedition Act allowed the government to prosecute those who engaged in
a "Reign of Terror" comparable Democratic-Republicans portrayed
"sedition" against the government. Since there was no clear definition, it
to that of the French Revolution. Adams as a tyrant conspiring to become
allowed the government to silence virtually all opposition.
king, and accused the Federalists of
Adams signed the laws cautiously for fear of launching a broad crusade plotting to impose slavery on the people.
against the Democratic-Republicans. The election was incredibly close

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Brinkley Chapter 6 Notes

The "Revolution" of 1800 Judiciary Act 1801

Jefferson and Burr were listed on the same ticket, although the vice-
After the election of 1800, the only branch of government left in the hands of
president was to be elected separately.
the Federalists was the Judiciary.
When all votes were cast for the presidency,
The Adam's administration spent its last months in office taking steps to make
Jefferson and Burr each received 73 votes.
the party's hold on the courts secure.
Therefore, a vote went to the House of
Judiciary Act of 1801 - Federalists reduced the number of Supreme Court
Representatives to elect the President
justices by one, but increased the number of federal judges as a whole
Jefferson - 73
Burr - 73 Adams appointed John Marshall to Chief Justice of the Supreme Court and
The current Congress was to vote. Each state had one other Federalists to posts as federal judges.
Adams - 65
vote. Hamilton convinced many Federalists that Burr was
Pinkney - 64 It is rumored Adams worked through midnight to complete the assignments
not to be trusted and to vote for Jefferson. It is believed
Jay - 1 before leaving office, often called the "midnight appointments."
that Hamilton's actions led to the duel with Burr.