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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: Places sovereignty into the hands of the people. Locke's fundamental argument is that people are equal and invested with natural rights in a state of nature in which they live free from outside rule. Life, liberty, and property. Federalist #10: 10th federalist essay written by James Madison that argued for ratification of the Constitution. Republican Government: government run by the people without a monarch or supreme ruler Land Ordinance of 1785: allowed the acreage of the Old Northwest be sold and that the proceeds be used to help pay off the national debt. Land Ordinance of 1787: state must have 6000 inhabitants, they need to apply to become a slave. Forbade slavery in these areas Necessary and Proper Clause: Elastic clause. Gives government power to take actions not specified in Constitution if absolutely necessary Federalist Papers: articles written by John Jay, James Madison and Alexander Hamilton. Propaganda that also was a penetrating commentary on the constitution Shays Rebellion: A 1787 rebellion in which ex-Revolutionary War soldiers attempted to prevent foreclosures of farms as a result of high interest rates and taxes. Annapolis Convention: a meeting was held here to discuss problems with trade and taxation but little was accomplished; 9 states appointed delegates but only 5 were finally represented

Philadelphia Convention: 55 emissaries from 12 different states; all rich white men; decided on the Great Compromise, president=military commander, veto power over legislation; decided on electoral college and the 3/5 compromise Delegated Powers: powers of the federal government to declare war and to raise taxes; regulate immigration & naturalization; regulate interstate commerce; create lower courts; establish foreign policy; establish a postal system; etc. Reserved Powers: Reserved power is a political power that is not prohibited by the constitution, instead it's put aside exclusively for the jurisdiction of a specific political authority. An example of this is the state government. Concurrent Powers: The term 'concurrent powers' refers to political powers that are shared by state and federal governments. These types of powers may be exercised independently by both state and federal governments within the same field of legislation. Examples of concurrent powers include the power to tax, protect the environment, build roads, and borrow money. Supremacy Clause: establishes the U.S. Constitution, federal statutes, and U.S. Treaties as "the supreme law of the land" and that these are the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state. Anti-Federalists: opposed strong federal government, led by Sam Adams, Patrick Henry and Richard Henry Lee. Mostly poorer people living in rural areas

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?

Some social changes that resulted from the American Revolution were that the social democracy was stimulated by the growth of trade organizations for artisans and laborers. Ordinary people asked to be called 'Mr.' or 'Mrs.' These were titles that were only to be used for the upper class highly sophisticated people.

Constitution Making in the States Know: State Constitutions, Fundamental Law


What was the importance of the state constitutions?

The state constitutions were supposed to represent a fundamental law. These state constitutions depended on the mood of people and it included 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?

Goods that used to be imported from England were cut off. This forced Americans to make their own. Prior to war, Americans had a good trade with Britain but now they didnt. However they could now trade with foreign countries, and with any nation they wanted to. They weren't allowed to do this before.

A Shaky Start toward Union Know: Natural Rights 4. Why was the end of the war difficult on the national government?

The people were given the independence but they were far from united. Britain also bombarded America with a bunch of cheap goods. This ended up hurting America's industry. America was also in debt and had to pay soldiers, France, and Britain.

Creating a Confederation Know: Sovereignty, Articles of Confederation 5. What forces served to unify the separate states during the war?

The new states chose a confederation as their first governmenta loose union of states where a federal and state level exist, yet the state level retains the most sovereignty. For example, during the war, states had created their own individual currencies and tax barriers. The Articles of the Confederation was finished in 1777, but it was finally completely ratified by the last state, Maryland, on March 1, 1781. A major dispute was that states like New York and Virginia had huge tracts of land west of the Appalachians that they could sell off to pay off their debts while other states could not do so. As a compromise, these lands were ceded to the federal government, which pledged to dispense them for the common good of the union (states would be made). The Northwest Ordinance later confirmed this.

The Articles of Confederation: America's First Constitution 6. What weaknesses plagued the Articles of Confederation? What was good about it?

It was a landmark in government It was a model for what ought to be loose confederation. What was bad was that it was loose and they needed a tightly knitted federation. The Articles allowed too much freedom, resulting in chaos. Government had no power to uphold laws, collect taxes, make treaties, or regulate commerce.

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 be used to pay off the national debt. This vast area would be surveyed before settlement and then divided into townships (six miles square), which would then be divided into 36 square sections (1 mile square) with one set aside for public schools (section #16). The Northwest Ordinance of 1787 made admission into the union a two stage affair: There would be two evolutionary territorial stages, during which the area would be subordinate to the federal government. When a territory had 60,000 inhabitants, they wrote a state constitution and sent it to Congress for approval. If approved, its a new state. It worked very well to solve a problem that had plagued many other nations.

The World's Ugly Duckling Know: Natchez, Dey of Algiers 8. Using examples, explain the title of this section.

America was seen as the worlds ugly duckling because as a new nation, America struggled in its relations with other countries. They had many issues with Britain because Britain would not repeal Navigation Laws, so there was no trade. The British also retained several trade posts on the frontier, where they stirred up the Indians. There were also issues with Spain because the Spanish closed off the mouth of the Mississippi River. This was a serious threat to the trans-Appalachian states which needed the river to export goods. The Spanish laid claim to parts of Florida (today's Mississippi and Alabama) and also stirred up the Indians against the Americans. Tensions rose with France because the French wanted their debts from the war paid by America. There were issues in North Africa because North African pirates, notably the Dey of Algiers, robbed American ships. The British had paid tribute (or "bully

money") and America had enjoyed that coverage. On its own, America was too weak to fight and too poor to pay. This was an embarrassment.

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. Yes, because government was losing a lot of money and falling further into debt because it could not collect taxes or regulate commerce. Many people lost their farms and began to riot, as in Shays Rebellion. The government also couldnt provide the citizens with protection because soldiers cost money.

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? Among them were people like Hamilton, Franklin, and Madison. However, people like Jefferson, John and Sam Adams, Thomas Paine, Hancock, and Patrick Henry were not there. Notably the Patriots like Sam Adams were seen as too radical.

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. The Founding Fathers sought out unity and a strong government where no one would receive abusive powers. With the Articles, they had created a virtually powerless government and gave free reign to the people. However, many had abused the new freedom when states had their own taxing fees and currencies, or the unfair arrests with no trials. The founding fathers saw that they needed to create a government that still incorporated the opinions of citizens, but was also strong enough to support itself and make decisions.

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. Virginias large state plan called for Congressional representation based on state population, while New Jerseys small state plan called for equal representation from all states (in terms of numbers, each state got the same number of representatives, two.) Afterwards, the Great Compromise was worked out so that Congress would have two houses, the House of Representatives, where representation was based on population, and the Senate, where each state got two representatives All tax bills would start in the House.

Safeguards for Conservatism Know: Checks and Balances, Separation of Powers 13. How democratic was the Constitution as originally written?

By today's standard, the Constitution was not very democratic. It only allowed white males to vote, and even many of them weren't allowed to because of additional requirements placed upon votes by their specific state. However, back in the 18th century, the constitution was extremely democratic. It allowed a huge percentage of the population (for that period) to vote; it had modest requirements to be a governmental official (again, for that time period); and it gave white males the right to be on juries and militias, two important democratic institutions.

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 antifederalists were poor class people. They decried the dropping of annual elections of congressional representatives and the erecting of what would become Washington D.C., and the creation of a standing army.

The Great Debate in the States 15. Did most of the states approve of the Constitution? Why?

Elections were run to elect people into the state conventions. Four small states quickly ratified the Constitution, and Pennsylvania was the first large state to act. In Massachusetts, a hard fought race between the supporters and detractors (including Samuel Adams, the Engineer of Revolution who now resisted change), and Massachusetts finally ratified it after a promise of a bill of rights to be added later. Had this state not ratified, it would have brought the whole thing down. Three more states ratified, and on June 21, 1788, the Constitution was officially adopted after nine states (all but Virginia, New York, North Carolina, and Rhode Island) had ratified it.

The Four Laggard States Know: Alexander Hamilton, John Jay, James Madison, The Federalist 16. Explain some of the opposition to ratification of the Constitution?

Virginia, knowing that it could not be an independent state (the Constitution was about to be ratified by the 9th state, New Hampshire, anyway), finally ratified it by a vote of 89 to 79. New York was swayed by The Federalist Papers, written by John Jay, James Madison, and Alexander Hamilton, and finally yielded after realizing that it couldnt prosper apart from the union. North Carolina and Rhode Island finally ratified it after intense pressure from the government.

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 minority had triumphed again, and the transition had been peaceful. Only about 1/4 of the adult white males in the country (mainly those with land) had voted for the ratifying delegates. Conservationism was victorious, as the safeguards had been erected against mob-rule excesses. Revolutionaries against Britain had been upended by revolutionaries against the Articles. It was a type of counterrevolution. Federalists believed that every branch of government effectively represented the people, unlike Anti-federalists who believed that only the legislative branch did so. In the U.S., conservatives and radicals alike have championed the heritage of democratic revolution.

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: Washington's elected members of the government; Jefferson as Secretary of State, Hamilton as Secretary of Treasury, and Knox as Secretary of War Judiciary Act of 1789: created 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 became the first Chief Justice. Federalists: One of two political parties formed after Washington's first administration and during the time of Hamilton's economic plans. This group was pro-British in its outlook on the conflicts in Europe, it supported the idea of the BUS, and it supported the idea of giving the central government the power to control (to a certain extent) the national economy. They wanted a free and growing economy to make everyone prosperous. Democratic-Republicans: One of two political parties formed after Washington's first administration and during the time of Hamilton's economic plans. This group was pro-French in its outlook on the conflicts in Europe, it opposed the idea of the BUS, and it supported the idea of severely limiting the rights of a central government so that individual people and states have their rights protected. They wanted to see self-sufficient pockets of society to be free to live how they wanted so long as that way did not interfere with the Constitution. Hamiltons vision vs. Jeffersons vision: Hamiltons vision was of a strong central government that could crush rebellions, protect lives and estates of the wealthy, control the states, and promote foreign trade. Jeffersons vision was of a weak central government with most of the power going to the states and emphasis on agriculture and rule of the people. Report on Manufactures and Report on the Public Credit: Alexander Hamilton's financial plan to help stabilize the American economy: (1) establish a national bank--one in which the government would own the majority of stocks but would be run by individual proprietors, (2) assume all debt from the states in an attempt to build national credit and link everyone to national success, (3) impose a tariff to raise revenue, (4) impose a tax on whiskey to raise revenue. The plan led to the split into political parties but provided a stable start to fixing the economy. (To be enacted, the capital was also moved to Washington D.C. along the Potomac River.)

Jays Treaty: A treaty enacted by the negotiation of John Jay and the British crown. The treaty yielded little success (Jay had weak cards to begin with) and practically extended the Treaty of Paris from the Revolutionary war. The British again did not fully comply to their promise, but France, after feeling betrayed by this treaty and by the Americans not supporting their efforts in the war against England, drew closer to war against the U.S., leading to the XYZ Affair. Pinckneys Treaty: A treaty enacted by the negotiation of Pinckney and the Spanish crown. Fearing that Jay's Treaty foreshadowed an Anglo-American alliance, Spain moved hastily to strike a deal with the United States, granting the U.S. free navigation of the Mississippi River and the land north of Florida-expansion soon followed. Washingtons Farewell Address: Washington's retirement from office in which he warned the new nation to (1) be cautious of entanglement with PERMANENT alliances with Europe (did not oppose temporary ones for emergencies) and to (2) be aware of "factions" (political parties) in the government. His warnings influenced the decision of future presidents and the consequential events. His decision to leave after two terms set the example that has been followed by all except one president. 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. Adams was defeated in the election of 1800 and his political party, the Federalists, lost control of both houses of Congress. Revolution of 1800: The United States Presidential election of 1800 in which Vice-President Thomas Jefferson defeated President John Adams. The election was a realigning election that ushered in a generation of Democratic-Republican Party rule and the eventual demise of the Federalist Party in the First Party System. Judiciary Act of 1801: A last minute measure enacted by John Adams before the Federalists lost its influential power from the government. The act reduced the number of U.S. Supreme Court justices from six to five and ended the justices' dutyimposed by the Judiciary Act of 1789of sitting with a federal district court judge to handle criminal and some civil matters, known as "riding circuit." Instead, a system of six new circuit courts was to be set up and staffed by sixteen new circuit judges, to be appointed by the outgoing President Adams. XYZ Affair: An attempt to avoid war with France after the failure of Jay's Treaty. Adams sent out 3 envoys (Jay, Marshall, and Pinckney) to speak with the foreign minister of France (Talleyrand). They were snubbed by the French government and eventually harrassed by 3 French Representatives (X, Y, and Z) who demanded the envoys pay $250,000 in order to speak with Talleyrand. Adams's envoys refused to do so and left, resulting in the French feeling insulting and demanding money from the U.S. once more. In addition, the U.S. and France began fighting with one another but without declaring war. Chisholm v. Georgia: In 1777, the Executive Council of Georgia authorized the purchase of needed supplies from a South Carolina businessman. After receiving the supplies, Georgia did not deliver payments as promised. After the merchant's death, the executor of his estate, Alexander Chisholm, took

the case to court in an attempt to collect from the state. Georgia maintained that it was a sovereign state not subject to the authority of the federal courts. GUIDED READING QUESTIONS: Washington for President Know: George Washington, Cabinet, Thomas Jefferson, Alexander Hamilton, Henry Knox 1. Was Washington an important president? Explain.

He was an important President because he was the first and a war hero. His imposing figure and humility made him the ideal President America needed. He created the Cabinet even though it's not necessary Constitutional wise. He kept the new country stable and out of foreign wars. He also set the precedent for future presidents.

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?

They created the Bill of Rights which were the people's civil rights. They are ten amendments that are our civil rights. The also created effective federal courts under the Judiciary Act of 1789.

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?

Massachusetts had a big debt while Virginia didn't. They thought it was unfair that they assumed the whole nation was in debt when they clearly weren't. The bargain was that Virginia would have the District of Columbia thus gaining prestige and in return the government can assume all states were in debt.

Customs Duties and Excise Taxes Know: Revenue Tariffs, Protective Tariffs, Excise Taxes 4. Explain Hamilton's overall economic plan for America.

Alexander Hamilton's financial plan to help stabilize the American economy: (1) establish a national bank--one in which the government would own the majority of stocks but would be run by individual proprietors, (2) assume all debt from the states in an attempt to build national credit and link everyone to national success, (3) impose a tariff to raise revenue, (4) impose a tax on whiskey to raise revenue. The plan led to the split into political parties but provided a stable start to fixing the economy.

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? Hamilton thinks a bank is necessary and proper. It would expand power and whatever was forbidden in the Constitution was allowed. Jefferson had opposite of Hamilton. He felt a bank should be state controlled. Hamilton had a loose interpretation of the Constitution while Jefferson's was strict.

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 in the sense that it proved we had a strong government. It was a victory for order, because it proved to the states that the central government could handle itself and pu down rebellions.

The Emergence of Political Parties Know: Factions, Parties 7. bad? Why did political parties develop during George Washington's presidency? Were they good or

It developed because of Hamilton's policies and there was a rivalry between Jefferson and Hamilton. It was good because it strengthen the government and this in return helped balance out the power .

The Impact of the French Revolution Know: Democratic-Republicans, Federalists, French Revolution, Reign of Terror

8. and

In what way did the French Revolution expose the differing views of Democratic-Republicans Federalists?

Where Thomas Jefferson, the leading Democratic-Republican, saw what the French were doing (killing the King, most of the nobility, chasing off or killing most everyone connected with the monarchy, and then when that was done, turning on each other and guillotining each other, seemingly just for fun) as a necessary evil, the Federalists were appalled by it. Thomas Jefferson appalled many people with his defense of the French Revolution, paying only lip service to the many thousands of innocent victims, likening them to soldiers in the American Revolution. Although both American factions had fought together in the American Revolution, the Federalists felt that what the French were doing was significantly different, while the Democratic-Republicans weren't so sure.

Washington's Neutrality Proclamation Know: Franco-American Alliance, Neutrality Proclamation, Citizen Genet 9. Explain the reasoning for and against Washington's Neutrality Proclamation.

They were for Washington's act because it ended up helping France because in that way could France get needed American foodstuffs to the Caribbean islands. They were against because it didn't reflect the feelings of Americans.

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 supplied the Indians with guns. They also seized about 300 American merchant ships and kidnapped seamen into their army.

Jay's Treaty and Washington's Farewell Know: Jay's Treaty, Farewell Address 11. Did John Jay betray American interests in Jay's Treaty.

The Democratic Republicans saw the Jay's Treaty as being too concessionary toward the British as a response to their seizure of American ships, giving them "the right to continue fur trade with the Indians" and requiring "America to repay debts incurred to England during the Revolutionary War." By

contrast, the Democratic Republicans "felt America was again obligated to fight Britain for its liberty." Moreover, it was drafted by Federalist Chief Justice John Jay, who was "notoriously pro-British," causing the Democratic Republicans to fear from the outset that Jay would betray his own country and not act in America's best interest. Overall, even though the British made a few promises and concessions, there were not agreements for future trade and Americans still had to repay debts.

John Adams Becomes President Know: John Adams, High Federalists 12. What handicaps did John Adams face as he became president?

He had to step into Washingtons shoes, which no one could properly fill. He was hated by Hamilton, who even resigned from the Treasury in 1795 to head the High Federalists. Even Adamss over cabinet plotted against him. Worst of all he inherited a 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 XYZ Affair where John Adams sent three envoys to France where they approached agents 'x' 'y' and 'z'. They wanted 32 million florins and 250 thousand bribes just for talking to Talleyrand. The Americans were outraged and went back to America.

Adams Puts Patriotism above Party Know: Napoleon Bonaparte, Convention of 1800 14. How did avoiding war with France hurt John Adams' political career? Americans were angry with the French, and felt like what was going on was cause for war, so they were upset with President Adams for not letting America join the fight against France. Most important of all, though, when it comes to Adams's political career, Alexander Hamilton was one of the most adamant persons arguing for war with France. Refusing to engage with France cost Adams the support of Hamilton, and this was more than enough to turn the election of 1800 to the Democratic-Republicans under Thomas Jefferson.

The Federalist Witch Hunt Know: Alien Laws, Sedition Act 15. Explain the reasons for the passage of the Alien and Sedition Acts.

The Alien Act empowered President Adams to arrest, detain, and deport any non-citizen he found to be a danger to the security of the nation. The Sedition Act effectively made it a crime for any person to criticize the President, the Congress or the Government of the United States. These acts were the Federalist strike against Republicans. The Republicans welcomed the less than wealthy immigrants and judgmental, liberal newspapers. However, Federalists wanted to limit their foes and make the government infallible.

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 far more harmful. The Alien act destroyed American reputation of openness and hospitality. Fewer immigrants came, and this hurt the economy. The Sedition act violated the freedom of speech amendment. The Resolutions were created to give states a bit more power and weaken the effects of these acts. However, the Resolutions were mostly ignored.

Federalists versus Democratic-Republicans 17. What were some key differences between Federalists and Democratic Republicans?

Both parties were complete opposites. The Federalists supported a strong central government, manufacturing, foreign trade, loose construction, and favored the wealthy. However, the Democratic Republicans preferred a weaker government with more power to the states, agriculture, westward expansion, strict construction, and favored the poor and middle classes.