The Early Republic: 1788-1800

1. The Early Republic: 1788-1800 Chapter 8

2. Early Republic: Washington and Adams Presidencies • How would the new government work? • Many day-to-day issues weren’t explicitly talked about in the Constitution • Many important precedents established during this time

3. Washington 1789-1796 • Constitution took effect: 1788, first Presidential election 1789 • Washington won unanimously=1st President, John Adams finished second=1st Vice President • Important precedents of the Washington administration • The cabinet: President’s advisors, head the major executive departments • 1st three cabinet members: • Secretary of State: Thomas Jefferson • Secretary of War: Henry Knox • Secretary of the Treasury: Alexander Hamilton • The federal courts: • District courtscircuitcourtsSupreme Court • John Jay=1st Chief Justice of the Supreme Court • Finances and interpreting the Constitution. . . .

4. Washington Presidency: Hamilton and his Policies • Alexander Hamilton: quintessential Federalist • Secretary of Treasury, had to fix the country’s finances • States and Congress couldn’t pay off debts under the Articles, nobody trusted the financial problems of the US • Hamilton’s economic policies, pay off the debt, get people to trust the credit of the US government • Pay off all government debt “at par”, controversial, why? • Pay off all state debt left over from the revolution (assumption of state debt), controversial, why? • Debt could be a good thing. . . . how? Controversial, why? • Southern States didn’t like Hamilton’s policies: DC bargain

5. Hamilton’s Policies: Paying for the Debt • 3 part plan to pay for the debt/fund the government/restart economic activity • Part 1: Tariffs • Tariff=a tax on imports, would raise money, and would raise the price of imported goods (would it raise the price of goods made in the US?) • Part 2: Excise taxes • Excise tax=a tax on goods produced/sold inside a country • Excise tax on whiskey=major money maker • Part 3: The National Bank • Private bank chartered by the federal government, with major government investment • Would provide loan money to help stimulate economic growth • Would provide paper currency backed up in gold to help stimulate economic activity

6. Debate over Hamilton’s Policies: The Bank Debate • Bank Debate: was it constitutional? • No: nowhere in the Constitution did it authorize the federal government to charter a bank • What’s the big deal? If the government could ignore the Constitution on a seemingly unimportant issue like the bank then it could ignore the Constitution on bigger issues • Yes: Article I Sect 8 Clause 18 (elastic clause) gave Congress (the federal govt) the power to make all laws “necessary and proper” for carrying out its other powers (taxation, coining money, etc) • Strict (or narrow) vs Loose (or broad) interpretation of the Constitution • Washington approved the Bank: important precedent!!!!!

7. Debate over Hamilton’s Policies: The Whiskey Rebellion • Farmers in Pennsylvania produced a lot of whiskey • Excise tax hurt them • 1794 farmers refused to pay the tax, harassed tax collectors, took up arms, threatened to march to Philadelphia • Sound familiar? • Washington and Hamilton assembled a massive federal army rebellion defeated easily • Why the different reaction from 1765 (Stamp Act) to 1794 (Whiskey Excise Tax)? What had changed in that time?

8. Political Parties Emerge • Another important precedent of the Washington administration • Divide centered around Hamilton’s policies: some in favor, some opposed—(broad interpretation of Constitution, assumption of states debts, national bank, tariffs, excise taxes, strong govt response to Whiskey Rebellion) • Those in favor: Federalists • Hamilton, Washington, Adams • New England, cities, merchants, factory owners, wealthy • Those opposed: Anti-Federalists (Democratic-Republicans) • Jefferson, Madison • South, West, rural areas, farmers, poor

9. Foreign Policy Under the Constitution • Jay’s Treaty 1795 US-Britain • British left US soil • British repaid US merchants for seized ships • US govt had to finally repay the British for pre-war debts and loyalist losses • Pinckney’s Treaty 1795 US-Spain • US got access to Mississippi River/New Orleans • US got disputed territory in the Southwest • Treaty of Fort Greenville 1795 US-Indians • US got access to the Northwest (Ohio, Indiana, etc) from Miami Indian Confederacy

10. Constitution Successes/Criticisms: Recap • Domestic Problems • International/interstate trade problems • Internal rebellions • Worthless money • Defaulting on state/federal debts • Foreign Problems • British occupation of Northwest • Spanish occupation of Southwest/lack of access to Mississippi • Indian attacks • Criticisms • Constitution was undemocratic • Constitution favored the wealthy/powerful

11. Bill of Rights • The original Constitution did not contain a Bill of Rights • What is a bill of rights? • List of freedoms that individuals have that the government cannot violate • Why no bill of rights in the original Constitution? • States had their own bills of rights • A lot of rights were already protected in the Constitution • Habeas Corpus, no ex post facto laws, freedom of speech for members of Congress, no religious tests • In the British governmental tradition (including the US) many rights were protected by tradition—bill of rights seemed unnecessary • Bill of Rights could be dangerous—how? • Saying that the government can’t do something limits whom?

12. Bill of Rights (Cont.) • 1st ten amendments to the Constitution • 1-speech, press, religion, assembly, petition • 2-right to bear arms • 3-no quartering of troops • 4-no search or seizures without a search warrant • 5-right to life liberty and property, no double jeopardy • 6-speedy trial, trial by jury, trial in the place where the crime occurred • 7-trial by jury for common law offenses • 8-no cruel or unusual punishment • 9-there are more rights that people have than the ones listed in the Bill of Rights • 10-powers not given to the federal govt, and not prohibited by the Const to the states are reserved by the states, or the people

13. Problems with France • 1789 French Revolution began • 1793 Radicals took control of the Revolution/French government • France at war with Britain 1793-1815 • US still technically allied with the French (Revolutionary War 1778), what should the US do? • 1793—Washington’s Neutrality Proclamation • US would not get involved • 1796—Washington leaves office after 2 terms (another precedent) • Farewell address warns about “entangling alliances” • Us won’t want to get involved in international affairs until WWI-WWII

14. John Adams as President • Adams wins election of 1796 becomes 2nd Federalist President • Jefferson finished 2nd, becomes VP • What party was Jefferson?? • Problems with France • French angry over Neutrality Proclamation began seizing US ships in the Caribbean—led to the Quasi War (Naval War between US and France) • XYZ affair—Adams sent representatives to France, were denied access to the French foreign minister by three French diplomats (X, Y, and Z) unless they paid a bribe • Angered Americans, war with France seemed likely

15. Preparations for War: Federalist Mistakes • Adams/Federalists in Congress voted to increase the size of the navy and the army • Problems—money? • Problems—philosophically? (Why might a standing army look bad?) • Alien and Sedition Acts • Technically targeted at foreigners (Aliens) living in the US who might be hostile to the US in the event of war with France (French, Irish) • Targeted at people who criticized the government in the event of war—could be arrested for criticizing the government/president • In reality used by the Federalists to persecute/deport their political rivals/critics (newspaper editors, congressman, etc)

16. Election of 1800: Jefferson Elected • Federalists looked bad by 1800 • High taxes to pay for the army/navy • Abuses of power with the Alien and Sedition Acts • Republicans elected 73 electors in the election of 1800, Federalists only 65 • All 73 Republican electors cast their 2 votes for Jefferson and Aaron Burr—who had the most electoral votes? • What happens in the event of a tie in the electoral college, or if someone doesn’t have 50% +1 of the electoral votes? • Jefferson won the tie breaker, became President, Burr=VP • 12th Amendment made separate elections for President and VP