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Creating a new Government

This overview highlights the early decisions made by the United States government following its creation. Key figures like James Madison introduced the Bill of Rights, and George Washington shaped the executive branch with a cabinet and the Judiciary Act of 1789. The conflicts between Hamilton and Jefferson over economic strategies and political agendas illustrate the complexities of establishing governance. The emergence of political parties, disputes over tariffs, and the Whiskey Rebellion depict the growing pains of a young nation striving for stability amidst revolutionary ideals.

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Creating a new Government

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  1. Creating a newGovernment

  2. Source: The American Vision [McGraw-Hill]

  3. Reminder • James Madison introduced legislation to create the Bill of Rights • First 10 Amendments • Personal liberties • Amendment 10: reserved to states all powers not specifically given to Fed govt

  4. Bold Experiment • Govt based on ideals of: • republican rule • individual rights • ideals of Enlightenment like John Locke • Constitution not a detailed blueprint for governing

  5. Practical Decisions • George Washington, as president, and Congress had to make decisions without precedent (prior examples) • James Madison said: ”We are in a wilderness without a single footstep to guide us.”

  6. Judiciary Act of 1789 • Constitution authorized Congress to set up a federal court system, headed by Supreme Court • Judicial structure created by Judiciary Act of 1789 • Supreme Court with Chief Justice and 5 associates

  7. J.A. of 1789 2 • 3 federal circuit courts • 13 federal district courts • N.B. Overtime, numbers of justices and courts have increased

  8. Section 25 • Allowed state court decisions to be appealed to a federal court • if constitutional issues raised • guarantees that federal laws are “supreme Law of the Land” per Article 6

  9. Executive Branch • 1789: George Washington takes office as President • Congress created 3 executive departments • State: Thomas Jefferson • War: Henry Knox • Treasury: A. Hamilton

  10. Executive Branch 2 • Edmund Randolph selected as Attorney General • These 4 department heads served as Cabinet or chief advisors to Washington • Over time, meetings with cabinet became regular activity

  11. Hamilton Strong central govt leadership by elite commerce & industry Supported in North Jefferson Distrusted strong govt & the rich Strong state & local govt farmer-citizens Supported in South & West Hamilton v Jefferson

  12. Hamilton’s Economics • Report on Public Credit: 1790 - millions of $$ in debt • 2/3 of all debt owed by Federal govt • Some debt to foreign nations • Owed money to soldiers who fought in Revolutionary War

  13. Hamilton’s Plan • Pay off foreign debt • Issue new bonds - pay off old • Assume state debts • People who loaned original money would support new nation • made the South mad, already paid off most of its debt

  14. National Bank • Bank of the United States (BUS) • Issue paper money • Handle tax receipts • Handle other govt money • Get wealthy investors involved

  15. Opponents of BUS • Madison/Jefferson • Unhealthy alliance with wealthy business interests • No Constitutional provision • In the end, convinced Washington and Federalists to support the bank.

  16. Washington, DC • To win support for the BUS • move Capital City from NY to Southern City • On banks of Potomac River • Appealed to the South • Designed by Pierre L’Enfant, Andrew Ellicott, and Benjamin Banneker

  17. Tariff of 1789 • Madison suggested raising money by taxing imports • Required importers to pay % of value of cargo when landed in US. • Shippers had to pay TONNAGE • tax based on how much ships carried

  18. Tariff of 1789 • Tariffs and tonnage angered many Southern planters • Charged more to ship rice & tobacco to England • Duties meant paid higher prices for goods they bought • Began thinking new government favored the North

  19. Political Parties • Washington against political parties and most factions • Not provided for in Constitution • Originally political “clubs” • Met to discuss issues and spread opinions • Washington unopposed 1792

  20. Federalists Hamilton Strong central government Manufacturing based economy only informed participants Democratic-Republicans Jefferson limited central government agrarian economy people participate Political Parties2

  21. Whiskey Rebellion • Excise tax placed on manufacture of whiskey • Whiskey main source of cash for western farmers • Cheaper to transport whiskey • 1794-farmers revolt • Federal govt put down with 15,000 militiamen

  22. Revolution in France • Guillotining King Louis XVI in 1793 upset many Americans • France declared war on G.B. • Expected US to help against Britain • Anglo-French Alliance

  23. More on France • Jefferson & Madison wanted to support France • Hamilton wanted to support Britain • George Washington kept US neutral • 4/22/1793: Neutrality Proclamation

  24. Edmond Genet • French ambassador • Recruited Americans for war effort against England • Washington demanded his return to France • Afraid for his life, stayed in US and became a citizen

  25. Jay’s Treaty • Even though GW issued Neutrality Proclamation, GB still giving US grief • John Jay negotiates with GB • GB could seize cargo going to France • US gets “most-favored nation status”

  26. Jay’s Treaty • “Most-favored nation status” = American merchants not discriminated against when trade with Britain • Prevented war with GB • Gave Spain concerns that GB & US might try to take over Spanish territory in North Am.

  27. Spain • US wanted to secure land west of Appalachians and travel along the Mississippi • Spain still held Florida and Louisiana • Spain afraid of joint British-American attack on Louisiana

  28. Pinckney’s Treaty • US Ambassador to Spain • 1795 • Spain gave up claims to land east of Mississippi • 31st parallel Florida’s border • Open Mississippi to American trade

  29. Struggles with GB • Britain continues its fur trade on the US side of the Canadian border • Britain confiscates US cargo and crews in the Caribbean because US did not back England against France.

  30. GW’s Farewell • George Washington steps down after 2 terms as prez • Farewell Address • urged US to stay free of permanent alliances with other nations • Retired to Mount Vernon

  31. Election of 1796 • Federalists • John Adams for prez • Thomas Pinckney for VP • Democratic-Republicans • Thomas Jefferson for prez • Aaron Burr for VP

  32. Oops! • Electoral College votes for each candidate, not tickets • John Adams: 71 electoral votes • Thomas Jefferson: 68 electoral votes • Prez and VP from different political parties

  33. War with France??? • French govt upset with US • Refused to accept American ambassador • XYZ Affair (next slide) • Adams refuses to go to war • Federalists want war • Finally, diplomatic settlement

  34. XYZ Affair • Pres. Adams sent 3-man team to France to meet with Talleyrand (foreign minister) • French sent 3 low-level officials to meet with them • “X, Y, & Z” demanded $250,000 bribe to talk to Talleyrand

  35. More XYZ Affair • Negative reaction back in US • “Millions for defense but not one cent for tribute.” • Congress creates a navy and says it’s okay to seize French ships • Undeclared war rages for two years--diplomatic solution

  36. Alien & Sedition Acts • Disagreements escalate between Republicans and Federalists • Many immigrants were active in Republican party • many were critical of Adams • mostly French, British, and Irish

  37. Alien & Sedition Acts2 • Federalist backlash • Alien Acts • residence requirement 14 years • president could deport or jail • Sedition Act • fines and jail terms for opinions damaging to govt

  38. Alien & Sedition Acts3 • Prosecuted and jailed several Republican newspaper editors, publishers, and politicians • Republicans called it unconstitutional under the First Amendment • Acts expired by next election

  39. Nullification • Madison drew up set of resolutions against the A&S Acts: approved by Virginia • Jefferson wrote similar resolution for Kentucky • Nullification: States have the right to void unconsitutional acts of Congress

  40. Nullification • No other states join Virginia and Kentucky • Balance of power between states and federal government still an issue

  41. Election of 1800 • John Adams vs. Thomas Jefferson • Adams hurt by Alien and Sedition Acts and new taxes • Jefferson and Aaron Burr (VP candidate) accuse Federalists of liking monarchies and being against political participation

  42. Constitution Messes Up • The President is actually chosen by Electoral College • delegates equal in number to a State’s senators and reps • each elector casts two votes • in theory, one for prez and one for VP • Jefferson & Burr both get 73

  43. Who’s the Prez? • Since no majority, goes to the House of Representatives • Most Federalists liked Burr and hated Jefferson • BUT--Hamilton like Jefferson • Another tie vote • What’s next

  44. Compromise • Jefferson let a Federalist know that he wouldn’t fire all the Federalists if he got elected President or dismantle Hamilton’s economic system • Jefferson became president • Milestone: peaceful transfer of power to another party

  45. Marbury v. Madison • Under Judiciary Act of 1801 • President Adams appointed 16 new federal judges right before leaving office • “midnight judges” • papers appointing several never served upon the new judges

  46. Marbury v. Madison 2 • Marbury supposed to be a new justice of the peace • Jefferson told Madison not to issue papers to rest of judges • Asked Supreme Court to issue writ of mandamus • Extremely important decision

  47. Marbury v. Madison 3 • Yes, Marbury victim of wrongful action BUT… • Judiciary Act of 1789 made mistake in saying requests for court orders go directly to Supreme Court • SC can not act because unconstitutional

  48. Marbury v. Madison 2 • Beginning of “judicial review” • Implied power of Supreme Court • one of the “checks and balances” of our Constitution

  49. Louisiana Purchase • 1800: France gets Louisiana back from Spain • France wants strong foothold in N.A. • Louisiana would supply raw materials for French colony of Haiti in Caribbean • Haiti becomes independent

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