81 terms

Unit III

test review
Treaty of Paris 1783
This treaty ended the Revolutionary War, recognized the independence of the American colonies, and granted the colonies the territory from the southern border of Canada to the northern border of Florida, and from the Atlantic coast to the Mississippi River
Northwest Ordinance
(1787) set up framework of gvt for territory, divided into 3 to 5 states, outlawed slavery
set 60,000 as minimum population for statehood (not subordinating so peace between east and west)
success Articles of confederation
Constitutional Convention
(May-September 1787) Philadelphia Convention, the convention was held to revise the Articles of Confederation recommended by the Annapolis Convention was held in Philadelphia.
lasted 16 weeks & on Sept. 17, 1787 the Constitution of the United States, largely drafted by Madison
Delegates of Constitutional Convention
55 men f/ all the states except Rhode Island sent delegates & George Washington served as president of the convention.
appointment by state legislatures who were elected by property owners
"convention demigods"
Thomas Jefferson & John Adams, strong anti-nationalists Patrick Henry, Richard Henry Lee & Samuel adams absent
sessions secret to preserve unity
Articles of Confederation
(1781-1789) articulate powers of Second Continental Congress
preserved states rights while authorizing limited central gvt-the Congress- with some power to defend Union & conduct foreign affairs
since it allowed no taxation, executive (president) or national judiciary, Articles left Congress to weak to carry out limited duties
replaced by Constitution
ratification was delayed by disputes over western lands Structure of government; unicameral, 1 state 1 vote, 2/3 majority needed to pass, all to amend
Problems of Articles of Confederation
currency problems-unpaid war debts, worthless paper money, intrastate commerce, foreign trade, foreign affairs-no respect, domestic-shays rebellion
no separate executive branch to carry out the laws of Congress
no national judiciary to handle offenses against the central governments laws or to handle disputes within the states
the states as well as Congress had the power to coin money
nine states had to approve every law
amendment of the articles required unanimous consent
Requisition system of raising money from states was breaking down, Interest on the public debt was piling up at home.Several states quarreled over boundaries, creating a number of minor battles, Some states were placing tariffs on goods from other states. Some states were printing depreciated paper currency.
Powers of Articles of Confederation
Allowed: declare war & make peace/foreign relations, issue money, maintain army & navy

Disallowed: could not tax, regulate trade, draft troops was dependent on state militias, enforce laws
(September 17,1787) A formal document that establishes the fundamental laws & governing institutions of a society. Sets forth the form of America's national government & defines the rights & liberties of the people
created to give more cohesiveness to the political system that the Articles of Confederation Provided
Great Compromise (Connecticut Plan)
Roger Sherman, bicameral congress, House would be based on proportional representation & the Senate on equal representation w/ each state sending two senators
tax bills originate in H of R recognizing large states greater taxation
3/5 Compromise
slaves would count as 3/5 of a person for representation purposes in the House
african slave trade to end in 1808 (only S.C & GA)
Runaway slave law allowed southerners to cross state lines to reclaim slaves
Commercial Compromise
congress could tax import but not exports
resolved conflict b/t agricultural (south) & industrial (north)
Bill of Rights
(at first no bill of rights, arguments fought in Revolution to escape tyranny of Britain government & they need something to do the same, Federalist thought you should trust the people you elected to protect you, better to assume all rights protected, Massachusetts & states wanted in order to ratify)(adopted 1791) first ten amendments to the Constitution
First: freedom of religion, speech, press, assembly & petition, separation of church & state
Second: keep & bear arms in state militia
Third: dont quarter soldiers during peacetime
Fourth: no unreasonable searches or seizures of peoples property
Fifth: no deprived of life, liberty or property w/o due process of law. no double jeopardy
Sixth: right to speedy & public trial, witnesses
Seventh: trial by jury
Eighth: protected against excessive bail & fines, cruel & unusual punishments
Ninth: if right not mention in Constitution does not prevent it from being a right
Tenth: all power not delegated to federal government belong to states or people
First Bill of Right
freedom of religion, speech, press, assembly & petition, separation of church & state
keep & bear arms in state militia
dont quarter soldiers during peacetime
no unreasonable searches or seizures of peoples property
no deprived of life, liberty or property w/o due process of law, no double jeopardy
right to speedy & public trial, witnesses
trial by jury
protected against excessive bail & fines, cruel & unusual punishments
if right not mention in Constitution does not prevent it from being a right
all power not delegated to federal government belong to states or people
James Madison
"father of the constitution", proposals for an effective government b/cm the Virginia Plan, responsible for drafting most of language of Constitution, contributor to Federalist Papers, wrote Bill of Rights
national gov't stronger than states, separation of powers, "extended republic"
Federalist Papers
(1788) series of 85 essays written under pen name Publius but actually by John Jay, Alexander Hamilton, & James Madison that explained importance of strong central government
first published in newspapers (to try to convince NY to ratify Constitution), later book form
Federalist #10
#10 proposed setting up a republic to solve the problems of a large democracy (anarchy, rise of functions that disregard the public good) classic defense of Constitution
Federalist #51
#51 written by James Madison, explains the virtues of separation of powers and checks & balances
Implied Powers/Necessary & Proper Clause
Section 8 of Article I contains long list of powers specifically granted to Congress & ends with statement Congress shall also have the power "to make all laws which shall be necessary & proper for carrying into the execution the foregoing powers"
known as "implied powers", long debate to how much power this clause grants to Congress, sometimes referred as "elastic" clause cause it can be expanded to include almost any other power Congress might try to assert
Interpretation of the Constitution
loose interpretation allows the government to do anything which the Constitution does not specifically forbid it from doing. Alexander Hamilton created state bank, increased federal power
Strict: forbids the government f/ doing anything except what the Constitution specifically empowers it to do, Jefferson kept central authority down
Federalist beliefs
(1787-1789) believed in strong national government that would support development of national economy, wanted new government to be strong enough to move against threats to order & stability & that was somewhat removed from popular passions, gov't by upper class not masses, pro-British
Leaders: George Washington, Benjamin Franklin, James Madison, Alexander Hamilton
Anti-federalist beliefs
(1787-1789) Opponents of the constitution, believed that the Constitution would diminish power of the states, create new merchant-based aristocracy, & w/o declaration of individual rights, threaten personal liberties, also thought republican institutions wouldn't work in large as united states
Leaders: From Virginia: George Mason & Patrick Henry, From Mass: James Winthrop & John Hancock, From Ny: George Clinton
George Washingtons adminstration & elections
(1789-1797) 1st Congress elected him unanimously, took office in NY City, he established many traditions like two term, against political parties & strove for political balance in government by appointing political adversaries to gvt positions
Administration/Cabinet: organized bureaucratic departments to carry out executive branch
Secretary of State: Thomas Jefferson (foreign affairs)
Secretary of Treasury: Alexander Hamilton
Secretary of War: Henry Knox
Attorney General: Edmund Randolph
Hamiltons Financial Program
(1789-1791) created by Hamilton to establish economic confidence & deal with public credit. Report on Public Credit, Report on Manufactures: promoted factory system
Debt: national debt to soldiers f/ Revolutionary war & foreign debt to countries that helped, states debt build up during war, program paid off
Assumption: federal govt to take over war debts of states & states creditors. Create republic credit for new nation & tie wealthy landowners to new nation
High tariffs to protect new & developing industries: Tariff of 1789 was a tax of about 5% on imports to pay debts
Excise Taxes: tax on goods already inside nation, whiskey
Bank of the United States: ban funded part by federal govt, where govt surplus be stored & it could issue currency payment of federal taxes
Move capital to D.C
Alexander Hamilton received Jefferson & his supporters agreement that the United States pay of all debt in return they had to establish capital in the South along Potomac River.
South had already paid of alot of their debt so wasn't fair
new area named Washington D.C
Report on Public Credit, 1790
plan to shape policies of administration to favor wealthier groups, in return wealthy would lend govt money & support
Judiciary Act of 1789
created federal court system, act created Supreme Court w/ Chief Justice (John Jay), established office of Attorney General & created federal district & circuit courts
law stated Supreme Court could force presidential appointments of judges
Battle of Fallen Timbers
(1794) Wayne lead Continental Army, British held trading posts in Ohio Valley & encouraged local indians to attack Americans. Americans defeated
Indians finally forced to abandon British allies
paved way for American settlement of Ohio Valley
Treaty of Greenville
(1795) Miami indians signed treaty w/ US, tribe relinquished land in NW Territory in return for fed govt recognition of their sovereignty over lands that remained under their control
cleared 2/3 of Ohio & Indiana of Indian tribes, Britain abandoned forts in NW
first time new govt recognized sovereignty of tribes over Indian lands
Democratic-Republican Party beliefs
believed the best govt was one that governed the least
bulk of power remain in the states
central authority kept at bay by strict interpretation of Constitution, lest dictatorship develop
Federalist party beliefs
Alexander Hamilton, powerful central government by educated upper class, appealed to merchants & shippers on east coast, pro-British
Whiskey Rebellion
(1794) farmers in pennsylvania rebelled against Hamiltons excise tax on whiskey, & several officers were killed in riots caused by attempts to serve arrest warrants on offenders, October 1794 army led by Washington put down rebellion
incident showed that new government could ensure domestic tranquility compared to govt under Articles w/ Shays Rebellion
Washingtons farwell address
Washington chose not to run for third term,
Not to get involved in European affairs
Not to make permanent alliance in foreign affairs (Treaty w/ France)
Avoid sectionalism (North-South rivalries)
Not to form political parties
Jays Treaty
(1794) Britain kept menacing Americans f/ forts on U.S soil & on seas by impressment, negotiated by John Jay to prevent war, failed americans mad
British promised to evacuate NW forts (should have f/ Treaty of Paris 1783)
Americans promise to pay war debts
No pledge regarding initial issue of maritime seizures & impressment
Pinckneys Treaty
(1795) Treaty of San Lorenzo, a treaty between the U.S & Spain w/ provisions
gave the U.S the right to transport goods on the Mississippi River & deposit goods in New Orleans w/o paying duties
secure southern border on 31st parallel (northern boundary florida) & promise to stay out of Indian affairs
Spain only offered b/c wrongly assumed U.S & Britain tight
Citizen Genet
(1793) Edmond Charles Genet, french diplomat who did not believe Neutrality Act, tried to ask American govt to send money & troops and aid revolutionaries in French Revolution
Washington recalled him
Neutrality Proclamation, 1793
Washington wanted to avoid war at all costs b/c militarily weak, declared U.S would not take sides on war b/t France & Britain
violation of Franco-American alliance of 1778, Washington said they allied w/ France monarchy not republic, Jeffersonians mad, Federalist supported
Election of 1796
first true election, Federalist John Adams (71) vs. Democratic-Republican Thomas Jefferson (68)
Jefferson b/cm the vice president since the candidate that received second highest votes would b/cm vice-president, this was changed by 12th amendment
XYZ Affair
1798) John Adams sent John Marshall to negotiate an end to French seizure of American ships & impressment. Was approached by three french agents (XYZ) who demanded a loan of $32 million & bribe for US privilege of merely talking to foreign minister Talleyrand, rejected bribe
war fever intensified against France
Alien & Sedition Acts
(1798) Federalist passed a series of oppressive laws that would reduce power of Jeffersonians & silent anti-war opposition. First three were aimed at French & Irish immigrants after XYZ affair.
Naturalization Act: increased waiting period for immigrant f/ 5 to 14 years
Alien Act: empowered president to arrest & deport dangerous aliens
Alien Enemy Act: allowed for arrest & deportation of citizens of countries at war w/ US
Sedition Act: illegal to publish defamatory statements about the federal govt or its officials (violated 1st Amendment to Constitution)
Kentucky & Virginia Resolutions
(1798) written by Jefferson or Madison in response to Alien & Sedition Acts, thought they were unconstitutional.
Declared that states could nullify unconstitutional laws passed by Congress
stressed compact theory: states were final judges of whether a federal law was constitutional
southern states used these as foundation for secession theory crafted during debate over slavery in 1800s
Reasons Alien & Sedition faded:
Federalist lost majority in 1800 & Dem. Rep allowed acts to expire or be repealed
South Connecticut asserted its power in 1803 in Marbury vs. Madison (which set up judicial review, making sure constitutional)
Midnight Appointments
(1801) last day in office, Adams appointed a large number of Federalist judges to the federal courts to maintain Federal control of judicial branch
Federalist had lost presidency & congress to Republicans
James Marbury was one appointment
Quasi War
(1798-1800) undeclared naval war with france, the French had begun seizing American vessels in retaliation for Jay's Treaty, so Congress responded by ordering the navy to attack any French ships on the American coast. B/cm especially violent after XYZ affair
a peace convention in 1800 w/ new dictator Napoleon ended conflict
Convention of 1800
conference b/t U.S & France which ended naval hostilities. Formally ended Franco-American alliance of 1778, it was almost 150 years before U.S entered into another formal alliance
Elections of 1800
Federalist candidate Adams (68) strong central govt, Pro-British vs. Republican candidates Jefferson (73), Burr (73) strong state govt, republic of small property owners,
the Burr and Jefferson tie was broken by House of Reps
Revolution of 1800: smooth transition of political parties
Election of 1804
Republican Jefferson (vice president Duwait Clinton) vs. Federalist Charles Pinckney, Jefferson won
federalist principles incorporated
international peace, territorial expansion & inexpensive unobtrusive government made republicans
Louisiana Purchases
(1803) Napoleon got Louisiana f/ France & withdrew right of deposit at New Orleans for US, Jefferson sent Monroe to Paris to buy a lot of land for 10 million (15), needed Mississippi River, if didn't work they would make alliance w/ Britain
Napoleon wanted to sell b/c he needed money for his Europe campaigns 7 b/c a rebellion against the French in Haiti had soured him the idea of New World colonies
Constitution did not give federal govt the power to buy land, so Jefferson used loose construction to justify purchase
Consequences: avoided possible war w/ France, most important land purchase, boosted national unity, paved way for westward expansion, doubled size of U.S, guranteed Miss. river w/ New Orleans
Lewis & Clark Expedition
1804-1806) Merriwether Lewis & William Clark selected by Jefferson to explore new Louisiana Territory. Started at Missouri River through Rockies along Columbia River to Pacific Ocean.
Sacajawea: scout & translator
produced maps, scientific discoveries & facilitated later settlement of region
Thomas Jefferson
believed in less aristocratic presidency, wanted to reduce federal spending & govt interference in daily life, democratic republican so he believed in strict interpretation of Constitution, although he was a pragmatic president (Louisiana Purchase)
Jefferson's 1st inaugural address
"We are all Republicans, we are all Federalists" sought to bring in moderate Federalists into broad Republican coalition (excluding Hamilton & High Federalists)
pledged honest friendship w/ all nations, entangling alliances w/ none
11th Amendment
(1798) gave states protection from lawsuits f/ citizens f/ other states or foreign nations
12th Amendment
(1804) vice president of same party added to presidential bill when voting
b/c of Jefferson & Burr tie in 1800 election
Judiciary Act, 1801
Federalists created 16 new judgeship's & other judicial offices
one of last important laws passed by expiring Federalist Congress, "midnight judges"
act repealed by newly elected Republican Congress in 1802
Hamilton-Burr Duel
(1804) Hamilton led opposition to Burr's campaign for NY governor candidate, exposed him to the secession rumors (that Hamilton turned down) Burr blamed him for his defeat, challenged him to a duel & killed him
Marbury vs. Madison
(1806) "Midnight judge" f/ Judiciary Act of 1801 William Marbury sued for the delivery of his commission that was being held up by Madison (secretary of Jefferson).
The Supreme Court ruled that although Marbury's commission was valid & the new president should have delivered it, the Court couldn't make him do it. The grounds of Marbury's suit (Judiciary Act 1789-which gave Court right to enforce appointments when really a only executive could enforce law) were unconstitutional. case dismissed
Marshall gave Supreme Court power to rule a law by Congress unconstitutional aka judicial review which contrasted w/ Kentucky Resolutions which gave states that power
John Marshall & Supreme Court
Chief Justice (appointed at end Adams term), most important chief justice in history, served for 34 years, he continued federal decisions long after Federalist party died
Vested Powers
powers secured or already given to government or person
Chesapeake Leopard Incident
(June 21, 1807) of coast of Virginia, US Chesapeake refused to surrender British deserts to British Leopard, Leopard fired killing/wounding Americans
U.S expelled all British ships f/ its waters until Britain issued official apology
This incident, issues of impressments & violation of America's neutral shipping rights contributed to push for war in 1811.
Aaron Burr's trials & tribulations
Federalist Conspiracy: w/ Essex Junto (Mass, NE, NY, NJ) Burr attempted to separate the western part of the U.S f/ east & unite it w/ to-be-conquered Spanish territory west of Louisiana Territory, exposed by James Wilkinson & arrested but case dropped b/c no evidence
Embargo Act, 1807
act issued by Jefferson, forbade export of all goods from U.S, meant to force Britain & France to change their policies toward neutral vessels by depriving them of American trade
loose construction of Constitution said "regulate commerce" could stop exports
difficult to enforce b/c opposed by merchants, caused depression in economy
congress repealed in 1809 (3 days before Jefferson left)
b/c self efficient, american industry built up
Non-Intercourse ACt, 1809
replaced Embargo Act, formally reopened trade w/ all nations except France & Britain
did not succeed in changing British or French policy so replaced by Macon's Bill No. 2
Macon's Bill No.2;(1810) re
Macon's Bill No. 2
(1810) replaced Non-Intercourse, law forbade trade w/ Britain & France but offered to resume trade w/ whichever nation lifted its neutral trading restrictions first
Napoleon quickly changed its policies against neutral vessels, so the U.S resumed trade w/ France but not Britain
Elections of 1808
Democratic Republican Madison (South & Middle) vs. Federalist Charles Pinckney (North)
Federalist gained ground in presidential election b/c Embargo Act issue but Republican won
Federalist gained in Congress & control of several state legislatures
Pros for War
Causes; Britains restrictions on commerce, War Hawks urged to fight cause territorial expansion, british impressment, firing on chesapeake
Tecumseh & Prophet
two shawnee twin brothers who organized a confederacy of all tribes east of Mississippi
Tecumseh, warrior & organizer of Native Americans, believed in fairness b/t tribes vis-a-vis land selling/purchasing. Land belonged to all Indians
Battle of Tippecanoe, 1811
Western war hawks eager to wipe out renewed Indian resistance against white settlers in western wilderness, General Harrison surprise attack on Indian headquarters, torched settlement
ended Indian threat, formal agreement signed
Fort McHenry
British driven off at Fort McHenry near Baltimore, baltimore was center of U.S Privateers, british attacked but we won
Francis Scott Key watching Bombardment of Baltimore as a lawyer for a prisoner aboard a British ship, composed Star Spangled Banner
Battle of New Orleans
(Jan 1815) British invasion force was repelled by Andrew Jackson's troops at New Orleans, 2500 British soldiers killed, 8 Americans killed
Jackson had been given details of British army's battle plans by French pirate, Jean Lafitte
Ironically neither side knew the Treaty of Ghent had ended the War of 1812, two weeks before battle
American nationalism increased
Hartford Convention
1814) convention of New England Federalists & some republicans who opposed the war & to protest Madison's foreign policy in the War of 1812 which had hurt commercial interests in North so they wanted to secure financial assistance f/ Washington, also discussed seceding if desires ignored
Recommended Amendments to Constitution: sought to end 3/5 compromise to reduce southern influence in House, would require 2/3 vote for an embargo, admission of western states to union & declaration of war, sought to limit the term of the president (to avoid Jeffersonian dynasty), sought to deny naturalized citizens
Battle of New Orleans & Treaty of Ghent ruined pleas
death of Federalist Party
Burning of Washington
(1814) British burn down Washington D.C out of retaliation from their capital York burned down
Invasion of Canada
strategy to refocus on Montreal, fight in great lakes,America thought Canada would be easy defeat but 80% Canadians postwar loyalists
Attack from Detroit: Failure, retreated then surrendered fort
Battle of Thames: General William Henry Harrison defeated Tecumseh
Treaty of Ghent
(Dec. 24, 1814) ends fighting on both sides, restore conquered territory, Americans happy b/c they expected to lose territory
no mention of pre-war U.S grievances: impressment, Indian menace, Orders in council, search & seizure, confiscations
Americans retained right to fish off Canadian coast
War Hawks/ Doves
(late 1811) group of Congress who wanted to go to war with Britain, strongly nationalistic
Henry Clay (f/ Kentucky), John C. Calhoun (South Carolina)
wanted war w/ britain to achieve glory their fathers had in Revolutionary War,desired U.S to attack Canada to remove indian threats, southern expansionists desired Spanish Florida, mad at British impressment & orders in council
Battle of Tippecanoe-warhawks eager to wipe out indians
Doves: were