“The Constitution Tested”

Chapter 6

Setting up the new Government… The Constitution provided an outline, but not a detailed

explanation about how to actually run the government

What about day-to-day business? Affairs of the state going forward? Etc…

To who would early Americans turn to help “figure things out?”

Washington, the 1st President

Washington should be remembered not only as the first president, but also for setting precedents: an example that is used to

justify similar occurrences at a later time

Washington helped transform the ideas of the Constitution into a viable, working government

Precedents Set by Washington:

I. Cabinet

A. The Constitution only provided for the President and Vice President

B. To help leaders govern, Congress created three executive departments

1. Department of State (foreign affairs)

2. Department of War (military)

3. Department of Treasury (finances)

C. Washington appointed leaders he knew and trusted to head each department. These department heads became known as the “Cabinet”

1. Thomas Jefferson - Secretary of State

2. Alexander Hamilton - Secretary of Treasury

3. Henry Knox - Secretary of War

4. Edmund Randolph - Attorney General

“Unwritten Constitution”

The cabinet is not mentioned in the Constitution, but plays a vital role in our government

Other aspects of U.S. government that are a part of the “unwritten Constitution” include: political parties

Lobbyists

Court appeals process

congressional committees

http://en.wikipedia.org/wiki/Category:Obama_Administration_cabinet_members

Precedents Set by Washington (cont.)

II. Two term limit

A. Term limit is law today, 22nd amendment (1951)

B. However, it was unofficial until then based on Washington’s precedent to step down after eight years in office…

C. Not broken until FDR was elected four times!!

Precedents Set by Washington:

III. Neutrality A. During the French Revolution, Democratic-

Republicans such as Jefferson and Madison wanted to support France (after all, they helped the U.S.)

B. Hamilton wanted to back Britain, since war had been declared against all monarchs by the French

C. Washington chose neutrality, stating that the U.S. would not support either side…

Historical Events…

Major events during Washington’s presidency included:

Adoption of the Bill of Rights

Judiciary Act of 1789

Hamilton’s economic plan

Hamilton v. Jefferson

Whiskey Rebellion

Judiciary Act of 1789

I. Again, the Constitution did not detail the federal court system

II. Oliver Ellsworth drafted the Judiciary Act of 1789 to create the judicial structureA. 3 federal circuit courts

B. 13 district courts

III. State court decision could be appealed to federal court when constitutional issues were raised

Chief Justice of the Supreme Court, Oliver Ellsworth and his wife Abigail.

Hamilton’s Economic Plan

I. As Secretary of the Treasury, Hamilton had to establish a plan for the country’s finances…

II. Assumption of DebtsA. Federal and State governments owed debt from the Revolutionary War

(to citizens and foreign governments)

B. Federal government assumed all debt and issued new bonds to cover old ones

III. Bank of the U. S.A. Hamilton argued for a loose interpretation of the Constitution, others

(namely Jefferson) disagreed

B. Hamilton convinced Washington and Congress to support the banks

Hamilton’s Economic Plan (cont.)IV. Excise tax

A. Tax on a product’s manufacture, sale, or distribution

B. First used on WhiskeyV. Protective tariff - Tax on good imported from another country

VI. Capital - To win support for his plan from Southerners, Hamilton suggested moving nation’s capital from NYC to a new District of Columbia (between Maryland and Virginia)

Hamilton vs. Jefferson

Despite a unified front during the Revolution, political divisions emerged as new government is up and running…

Differences in ideology were best exemplified by Hamilton and Jefferson

Hamilton vs. JeffersonHamilton: Power should be concentrated

in Federal Government Well educated elite should

govern Republic Loose interpretation of the

Constitution Base economy on shipping and

manufacturing (early industrialist)

Like-minded people become Federalists

(bankers, lawyers, mnufacturers)

Jefferson:

Power should be shared between Federal Government and States

Democracy of “virtuous farmers”

Strict interpretation of the Constitution

Economy based on farming (agricultural economy)

Like-minded people become Democratic-Republicans

(farmers, tradespeople...)

Whiskey RebellionI. During Washington’s Second Term,

the Whiskey Rebellion (1789) reflected the tension between federal and regional interests

II. Hamilton’s excise tax on Whiskey infuriated frontier farmers

III. Harkening back to revolutionary days, they refused to pay tax, beat up federal marshals, and threatened secession!

IV. Rebellion was crushed by Federal forces

V. The Whiskey Rebellion is seen as milestone for Federal Government’s power in domestic affairs

Does the U.S. Choose Sides?

Key to Washington’s foreign policy is ?

The greatest challenge to Washington's Presidency and foreign policy was the French Revolution.

How was the French Revolution a major event in determining foreign policy during Washington’s Presidency?

The French Revolution (1789)

The Reign of Terror

The Creation of Political Parties

Federalists Democratic- Republicans Washington, Hamilton, Adams

Believed the French Revolution went too far

Pro- British

Jefferson, Madison

Must honor the treaty with France signed during the American Revolution

Pro-French

French Revolution emerges as a European war between the French Republic and the monarch of England.

U.S. caught in middle between war of France and Britain

Both nations attack our ships on the high seas, doesn’t recognize U.S. freedom of the seas

British impressment of American sailors

The Proclamation of Neutrality (1790)

Washington issues The Proclamation of Neutrality !

American neutrality tested early on!

“A Baby in a Cradle, Wah, Wah!”

Citizen Genet Affair (1793)

The Jay Treaty (1794)

The Pinckney Treaty (1795)

Ambassador from France who was not recognized by the U.S.

Broke protocol and tried to break U.S. neutrality by trying to gain American support for war against Britain

The Citizen Genet Affair (1793)

JOHN ADAMS HBO video clip

TreatiesI. Pinckney Treaty of 1795, treaty with Spain

A. Spain gives up all land east of the Mississippi (except Florida)

B. All allowed to use Mississippi River

II. Jay Treaty of 1794, treaty with Great Britain

A. U.S. gets land, but Britain still allowed to trap

for fur…

B. There exists a “working relationship” with Great Britain

Jay Treaty With Britain (1794-1795) Background~ Americans were against Britain

because:

a) British seizure of American merchant ships violated freedom of the seas.

b) British were still holding posts in the NW Territory.

c) Brits were encouraging Indians to raid American settlements!

Provisions of Jay’s Treaty

England was confident that the US would not go to war- made few concessions!

What did the treaty say?? * GB withdrew troops from NW Territory * $$ claims settled between both

sidesAmerican Reaction: This stinks! It did not provide for freedom of

the seas, and no pledge to stop impressments of American sailors!

Pinckney Treaty w/Spain (1795)

Spain feared a secret agreement w/ US & England to seize Spanish Florida & Louisiana Territories…let’s make a deal!

* Mississippi River established a western boundary * free navigation of the entire Miss. and the right of deposit!

Hooray!

Washington’s Farewell Address 1796

Advises new nation regarding its future course: 1 Strongly influenced the US toward remaining politically aloof by following a policy of isolationist. 2 “Steer clear of permanent alliances” 3 Against political parties 4 Advises for a strong public education

Election of 1796

Washington decided not to run for a third term

The election of 1796 marked the first time there were two distinct political parties: Federalists, Adams and Pinckney Democratic-Republicans,

Jefferson and Burr

Sectionalism emerges, placing interests of region over nation as a whole…

John Adams and his Presidency

I. At the start of his term, Adams tried to avoid war with France…

II. France was upset about the Jay Treaty

III. Adams sent delegates to meet with French ambassador TalleyrandA. Three French officials demanded

$250,000 to set-up meeting…

B. Became known as the “XYZ Affair”

Anti-French or Anti-Foreign Sentiment?

I. Alien and Sedition Acts: A series of four laws enacted in 1798 to reduce the political power of recent immigrants to the United StatesA. Supported by the Federalists - used to punish newspapers for making

statements against the government

B. To counter, the Democratic-Republicans tried to get states to nullify the acts

II. Nullification: state’s refusal to obey a law it deems unconstitutional

III. The immediacy of this issue diminished in 1800 election…

But Check for Understanding… As Americans “launched their new nation,” a variety of issues

demanded attention:

Refining the mechanics of government

Creation of governmental agencies or departments

Judiciary Act of 1789

Bank of the United States

What about the “unwritten Constitution?” And how should it be interpreted?

Foreign Policy is developed

Neutrality

Various treaties

Domestic Policy – everything from political factions, power between federal government and states, and sectionalism to immigration and dissent…

Election of 1800

Thomas Jefferson as President (1800-1808)

Jefferson tried to calm partisanship

Realized he would have to compromise his ideology

Facilitated westward expansion…

Louisiana Purchase

I. In 1800, France had regained the Louisiana territory from SpainA. Jefferson did not think a strong French presence in the middle of the continent would be in keeping with U.S. interests…B. Purchased the territory in 1803 for $15 million in what is known as “The Louisiana Purchase”

II. Despite bargain, Jefferson was torn:A. As a strict constructionist, someone who reads the Constitution strictly, he didn’t think the President had the authority to purchase real estate B. However, he knew another country may purchase territory if U.S. did not…

Lewis & Clark Explore…

Size of U.S. now doubled

Jefferson wanted to find a water route to the Pacific

Sent Meriwether Lewis and William Clark to explore the land (1804-1806)

Helped by Sacagawea and others, Lewis and Clark mapped the land and documented many new species of plants and animals

Embargo Act Napoleonic Wars escalated in Europe…

Seizing of ships and reduction of trade began to hurt U.S.

Impressments: British seizure of ships and forcing sailors into military service

Embargo Act: prohibited United States merchant vessels from anchoring in any foreign port Hurt U.S. more than it hurt other countries