American Founding: Acts, Anti-Federalists, and Articles

• American Founding Quiz

Alien and Sedition Acts

• Alien Act: Increased residency requirements for citizenship from 5 to 14 years.
• Sedition Act: Imposed fines and imprisonment for defaming government officials.

Anti-Federalists

• Opposed a strong national government, favoring local government.
• Believed the federal government would be too distant from the people.
• Anti-federalists tended to live in backcountry rural areas.
• Concerned about loopholes in the "necessary and proper" clause.
• Warned of a future tyrannical government.
• Predicted the presidency might evolve into a monarchy.
• Warned of an out-of-control judiciary.
• Advocated for a bill of rights.

Articles of Confederation

• Adopted by the Second Continental Congress in 1777.
• It Established a loose confederation of thirteen independent states.
• Structured with Congress as the only branch of government.
• Bills required a ⅔ vote to pass, and amendments required unanimity; each state had equal representation.
• Congress was designed to be weak, lacking the power to enforce tax collection, regulate commerce, or regulate currency.
• Intended solely for prosecuting the war.
• The national government had no coercive power or tools like courts, executive power, or taxation.
• Article II stated that "Each state retains its sovereignty, freedom, and independence."

Democratic-Republicans

• Thomas Jefferson served as Secretary of State.
• Strict constructivism defined their view: the government should have only limited powers expressly permitted under the Constitution.

Federalist Papers

• A series of essays printed in NY newspapers by Hamilton and Madison.
• Advocated that a strong Constitution equaled greater protection of American liberty.
• Federalist No. 10 is among the most important works in the history of American political thought.

Federalist Party

• Supported ratifying the Constitution.
• Favored a strong central government.
• Mostly lived in high-density areas along the coast.
• Tended to be more conservative.
• Supported Britain in the French Revolution.

Fourth Amendment

• Protects against unreasonable searches or seizures without a warrant.

Fifth Amendment

• Guarantees due process of law, the right to remain silent, protection against double jeopardy, and just compensation for eminent domain.

Hamilton versus Jefferson

• Hamilton:
  • Served as Secretary of the Treasury.
  • Was a federalist.
  • Admired the British form of government.
  • Believed the USA was a "Hercules in the cradle."
  • Formulated plans to economically advance the US into the future.
• Hamiltonian Economic Program:
  • Included the Bank of the US.
  • Established a national debt.
  • Advocated for federal assumption of state debts.
  • Created new taxes to fund the debts.
  • National debt bonds the moneyed classes to the government.
  • Included subsidies for manufacturing.
  • Envisioned that industrial manufacturing is the future of the United States, not agriculture.
  • Believed the Government ought to actively encourage industry.
• Jefferson:
  • Was a Democratic-Republican.
  • Served as Secretary of State.
  • Promoted an agricultural republic with widespread property ownership and minimal government.
  • Opposed large-scale manufacturing.
  • Opposed national debt.

First Party System - Hamiltonians vs Jeffersonians

• Hamiltonians:
  • Focused on manufacturing.
  • Appealed to elites.
  • Gained support in New England.
  • Advocated for a centralized government.
  • Believed in "loose construction" of the Constitution.
  • Were Pro-British.
• Jeffersonians:
  • Focused on agriculture.
  • Appealed to common people.
  • Gained support in the South and West.
  • Advocated for local and state government.
  • Believed in "strict construction" of the Constitution.
  • Were Pro-French.

Judiciary/ Midnight Judges Act of 1801

• "Midnight Judges" were last-minute appointments by Adams to the federal judiciary.
• It Preserved the Federalist Party in the judicial branch.

Laggard states in ratifying the Constitution

• Virginia:
  • Was the largest and most populous state.
• New York:
  • Had a heavy anti-federalist majority.
• North Carolina

The Large-State Plan

• Advocated by Virginia.
• Supported proportional representation based on population.

Marbury v. Madison (1803)

• Established the principle of judicial review: courts have the power to strike down unconstitutional laws.
• Defined the Judiciary is a co-equal branch of the federal government.

Northwest Ordinance of 1787

• Most successful accomplishment of the Articles.
• Established guidelines for how the Old Northwest was to be admitted into the Union.
• Dictated that Territory -> State Forbade Slavery.

Protections in the Constitution against excess democracy

• Theory: Limited democracy is good, but excess democracy = tyranny of the majority over a persecuted minority.
• The President is elected by the Electoral College.
• Senators are elected by state legislatures.
• Federal judges are nominated and serve life-long terms.
• Only the House of Representatives is elected by direct vote.

Reasons for the Constitutional Convention

• Delegates from every state except Rhode Island met in Philadelphia.
• Delegates wanted a firm, dignified, respected central government.
• It Was convened to address the weaknesses of the Articles of Confederation and create a stronger, more unified federal government, ultimately leading to the creation of the U.S. Constitution.

Revolution of 1800

• Democratic-Republicans take the House and the Presidency.
• Beginning of the end of the Federalist era.

Shay's Rebellion (1786)

• Impoverished farmers in western Massachusetts took up arms, demanding more paper money and a suspension on foreclosures.

Sixth Amendment

• Guarantees that in all criminal prosecutions, the accused has the right to a speedy and public trial by a jury of one's peers, to be informed of the charges, to confront witnesses, and to utilize the assistance of counsel for defense.

Tenth Amendment

• Powers not delegated to the federal government are reserved to the states.

Virginia and Kentucky Resolutions

• Penned secretly by Jefferson and Madison.
• Argued for nullification: state governments may nullify (refuse to abide by) unconstitutional federal laws.

Washington's Farewell Address

• Warns against entangling alliances.
• Warns against political parties.
• Warns against sectionalism (fighting between North, South, East, and West).

Whiskey Rebellion

• Frontier farmers in western Pennsylvania refused to pay the new federal tax on whiskey.
• Prompted a massive show of force by the feds.
• Signified that rebellion is no longer acceptable.