3 A new nation where Americans will have to work out: Who has the power in which circumstance?What does the Constitution say about who has the power?What about things no one thought of when they wrote the Constitution?There is a growing tension between the northern and southern states…..
4 Different Types Of Powers In The Constitution 6.1 Launching a New Nation
5 Powers as defined by the Constitution: Reserved: as found in the 10th Amendment. These are powers only for the statesDelegated: found in Article I Section 8: exclusively for the federal govt (also called enumerated or expressed powers)Concurrent: shared powers between federal govt and state govts
6 Washington’s Presidency Remained “neutral” in politics. Disliked political parties. Too much disagreements he thought.
7 G Washington creates the first presidential cabinet It doesn’t say anything in the Constitution about a cabinet. This is one of those implied powers
8 Political Parties begin to develop they are split over how to run the govt
9 People still debate on how the govt should be run Anti federalistUnder Thomas JeffersonFederalistUnder AlexanderHamiltonThis is the basis for future division of political parties
10 The parties’ views of the government RepublicansFederalistsStrong central gov’tand the educated tolead the nationStates rights andthe common man
11 The Bill of Rights Appeased the Anti-Federalists #1-9 stop Congress from impinging on rights#10 Powers not mentioned reserved to the state gov’ts
13 1st Court System Judiciary Act of 1789 Made a Supreme Court with Chief Justice and 5 associate justices (today it is 9 members)3 federal circuit courts13 federal district courtsstate’s court decisions to be appealed to federal court when constitutional issues raised.Guarantees federal laws are “Supreme Law of Land.”
14 Marbury v Madison 1803 Important Court Case Judicial review is established
15 McCullough v Md 1819 Important Court Case It states that the Constitution is the supreme law of the nation. This is the Supremacy Clause. – sometimes it is called the Commerce Clause
16 Supremacy ClauseIt states that the Constitution is the supreme law of the nation. This is the Supremacy Clause. – sometimes it is called the Commerce Clause
17 Gibbons v Ogden 1824 Important Court Case Federal gov’t has the right to regulate interstate (state to state) trade
18 The new country is worried about debt and finances
19 Hamilton’s Financial Plan Create a national bankTax whiskeyMakes the govt look stronger to other countries
20 Those who are against the national bank VA and other large states don’t like debt ideaSmall farmers protest taxes &National BankSome people think this isn’t right because it does not say in the constitution that we can have a national bank!
21 The govt decides to tax whiskey to make some money
22 Whiskey Rebellion Tries the New Nation 1794 PA farmers are mad about the excise tax on whiskeyThey rebel
23 Proves federal/national power in domestic events Whiskey Rebellion Tries theNew Nation 1794Proves federal/national power in domestic events
25 Political Parties begin to develop they are split over how to run the govt
26 The parties’ views of the national bank Anti Federalist or Democratic-RepublicansFederalistsSupported Nat’l Bank – what the country needs for economic growthOpposed the Nat’lBank – too much power in hands of govt
28 Foreign Troubles French Revolution Britain and France engaged in war American neutrality declared1. Jay’s Treaty2. “Citizen Genet”3. British impressment of sailors
29 Jay’s Treaty Jay’s Treaty – b/w Great Britain and US. Averted war Settled issues which had been unresolved after the American Revolution and the Treaty of Paris 17833. Created what would be ten years of peaceful trade b/w US and GBThis made the Jeffersonian Republicans mad. They thought this treaty would only benefit the Hamiltonian Federalists
30 Political Parties begin to develop they are split over how to run the govt
31 The parties’ views of Jay’s Treaty Anti Federalist or Democratic-RepublicansFederalistsJay’s Treaty is important to avoid war so we can concentrate on economic growthJay’s Treaty only helps northern manufacturers. It hurts Southern farmers.
32 Edmund Genet The Genet Affair Edmund Genet – a French diplomat who comes to the U.S.He doesn’t obey diplomatic procedure but instead starts recruiting Americans in the pubs to join in France’s RevolutionWashington demands he be sent homeGenet stays in the U.S. and becomes citizenJohn Adams Pt 5 31:40-36:51 Genet and Jefferson resigns
34 British ImpressmentRelations with Britain, still smarting from the loss of her colonies, worsened in the early 1790simpressment of American seamen. They kidnap them off the boats & make them work on British shipscontinuing British occupation of western posts within U.S. borders.
36 Washington declares official American Neutrality
37 Political Parties begin to develop they are split over how to run the govt
38 Federalists The parties’ views of Quasi War with France Anti Federalist or Democratic-RepublicansFederalistsQuasi War with France is wrong. We should be against Britain and we should support French Revolution.Support Quasi War with France. Britain is our trading partner and that is most important
40 Domestic Disturbances 1783 Treaty of Paris never mentioned the Native AmericansThe Native Americans want their tribal landsBritish still in forts along the rich Ohio ValleyAmericans want to move west into those rich farmlands past the Appalachian Mountains
41 Battle of Fallen Timbers 1792 Ohio areaBattle of Fallen TimbersGen. Wayne destroys the Indians and destroys the forest
46 Meanwhile, in FranceXYZ Affair – French insult us by trying to bribe our diplomats
47 Are we at war with France? It is a quasi –war…..
48 These acts threaten the First Amendment rights….freedom of Americans are mad!Federalist take advantage of the anger to pass the Alien and Sedition ActsThese acts threaten the First Amendment rights….freedom ofSpeech, press, assembly, religion, etc.
49 Alien and Sedition Acts Alien ActResidence requirement now 14 years!President can jail or deport any undesirable immigrantSedition ActJail for anyone interfering or uttering falsehoods about the gov’t
50 Thomas Jefferson James Madison What about our 1stAmendment rights?Thomas Jefferson James Madison(the Democratic-Republicans)Saw this as THE PROOF of federalgov’t abusing individual rightsOf course, they go to the States!
51 Jefferson and young Henry Clay from KY create a document The Virginia Kentucky Resolution which says the states DO NOT have to obey the federal govt and Alien and Sedition Actsit’s states v federal, again
52 States have the right to null and void any act of Congress The Virginia Kentucky ResolutionStates have the right to null and void any act of Congressthey think is unconstitutionalthis is the principal of Nullification
53 Political Parties begin to develop they are split over how to run the govt
54 Federalists The parties’ views of Alien and Sedition Act Anti Federalist or Democratic-RepublicansFederalistsRIPAlien and Sedition Acts prove the national govt is too strong and will trample the rights of the states!Alien and Sedition Acts protect the govt in time of war
57 THE “MIDNIGHT JUDGES”As Adams is about to leave office, he pushes through Congress the Judiciary Act of 1801He adds 16 new federal judges!
58 JEFFERSON’S REACTION TO ADAMS’ “PACKING THE COURT” Furious! – Jeff argues that some of the documents authorizing the appointments had not been delivered by the time Adams left office, they were invalidTHIS LED TO ONE OF THE MOST IMPORTANT COURT CASES OF ALL TIME:MARBURY v. MADISON
59 This creates the case of Marbury v Madison which is one of THE MOST IMPORTANT COURT DECISIONS in U.S. historyThe Supreme Court has the power to judge a law to be constitutional or not constitutional