Study Guide Unit 3 The Constitution

The Constitutional Convention

Who Was There?
The Constitutional Convention, which took place in Philadelphia in the
summer of 1787, consisted of representatives from 12 states (Rhode Island
was not represented). This all-male group contained almost all of the rich,
white landowners from their respective states. Many of them, in addition to
this, were very enlightened in their thinking. Many of them were also
involved in the revolution. However, because of their similar backgrounds,
many of these men favored themselves in their law making.
Why Were They There?
These men had gathered due to their frustration with the Articles of
Confederation. While they did not like the British style of government, many
of them believed that a stronger national government was necessary in order
for the new country to survive.
Politics:
Very quickly, it was decided that a complete re-write of the Articles of
Confederation was necessary in order to keep this new country functioning.
However, one of their biggest decisions was that they would hold this
meeting secretly, and bar all media from being present. This would insure
that any disputes between those present would not be known to the public.
How Would We Organize The Government?
Virginia Plan The Virginia Plan was the first proposition that the Congress
faced. This idea consisted of a government with three branches. The
Executive Branch would consist of a strong President, which was largely
agreed upon. The Judicial Branch would consist of a court system, which was
also agreed upon. However, the most controversial section regarded the
legislative branch, which, according to this plan, would contain a single body
with representatives determined by the population of their state. However,
this immensely benefits the larger states, of which Virginia was one.
New Jersey Plan This was countered by the New Jersey Plan. New Jersey, as
a smaller state, agreed with the first two branches of government, but said
that the representatives of the Legislative Branch should be constant
throughout all of the states.
Connecticut Compromise These two ideas were resolved through the
Connecticut Compromise, which created a Bicameral Legislature, or one with

two houses. One of them, the House of Representative, would be determined

by population, while the second, the Senate, would have a constant number
of delegates per state. This compromise is what eventually got passed into
law.
Issues And Resulting Compromises:
During the Constitutional Convention, there were many issues that arose,
that would all be resolved through a series of compromises, as described
below.
Big States vs. Small States This issue of how power would be distributed
was solved with the Connecticut compromise, as shown above.
Slave States vs. Free States The issues that arose between slave and free
states largely centered around whether or not slaves should count as
population in census taking. The result was the 3/5 Compromise, which
counted slaves as 3/5 of a person. Also, the members at the convention
deemed that there would be no bans on importation of slaves until for 20
years, or until 1808 (In 1808 it was banned).
The Distribution of Power The bicameral legislature that was created
resulted in a series of Checks and balances, in which all branches were
able to have their powers limited by another. However, this group decided a
few key rules in how the legislative branch operates that are worth noting.
They deemed the Senate to be the upper house, and ruled that preexisting representatives must elect Senators (until 1918). Also, they decreed
that any bills regarding spending or taxation had to originate in the House of
Representatives, so that people had some say in how the government was
spending their money. Also, this group created the Electoral College.

Ratification
The Two Sides of The Debate:
Federalists The Federalists, led by men such as Alexander Hamilton, John
Jay, and James Madison, were ardent supporters of the Constitution, arguing
that ratification of this document was a necessary step to progress this
country. To help prove their point, these leaders, writing under pseudonyms,
published the Federalist Papers in newspapers across the country, in an
attempt to garner support.
Anti-Federalists This group consisted of all of the people who were not
Fedarlists, and this was the group that had some concerns about the
Constitution. These concerns included:
I.
The lack of a written Bill of Rights

II.
III.
IV.
V.

A fear of a large and powerful government

A fear of tyranny
Concerns that the government would be too far removed from the
general populace
Question the necessity to change, as some believed that the
Articles of Constitution were entirely functional

The Result Five states (DE, PA, NJ, GA, and CT) immediately ratify this
document, which stipulated that nine of the thirteen states must agree to it
before it could be singed into law. Massachusetts signed it, but stipulated the
inclusion of a Bill of Rights. After this agreement, many states that were
previously questioning of this document ratified it, such as NY and VA. The
last two states that held out, but eventually ratified the Constitution were NC
and RI, meaning that all thirteen colonies eventually ratified.

The Constitution
Article I
Article I entirely dealt with the Legislative Brach, and established its
functions and limitations.
Section I The name of this legislature would be Congress, and it would
consist of a bicameral body, as established by the CT Compromise.
Section II Establishes and deals with the House of Representatives, and
establishes such things as age restrictions, term limits, and that
representatives will be determined by population.
Section III Establishes and deals with the Senate, the other house of
Congress, and states the age restrictions, and that the senators would be
elected by the representatives from their state (which was changed in a later
amendment). This establishes the Vice-President, who only votes on matters
in the case of a tie.
Section IV Requires Congress to meet at least once every year, and leaves
the methods of election of Congressmen to the individual states.
Section V A minimum number of Congressmen must be present at congress
for it to take place, and these congressmen can be fined for not being
present.
Section VI Congressmen must be paid, and cannot hold more than one
position in government.

Section VII Outlines the process for bills becoming laws. Says that any bill
regarding money must begin in the House of Representatives, and must be
passed by a majority of both houses before being signed into law by the
President. Also states that the President has the power to veto laws, but that
can be overridden by a 2/3 majority of Congress.
Section VIII Outlines the powers of congress, such as:
- Raising an army
- Establishing Post Offices
- Creating courts
- Declaring war
Also, this contains the elastic clause (Clause 18), which gives Congress the
power to pass any law necessary and proper for the carrying out of any of
its other powers.
Section IX Places limits on Congress, such as banning slave imports until
1808 (clause 1), and titles of nobility (Clause 8)
Sections X Places limits on States.
States cannot:
- Make treaties
- Coin money
- Creates taxes without Congresss approval
- Maintain an army
Article II
This Article deals with the powers given to the executive branch
Section I This establishes the office of President and Vice-President, and
states that they serve four-year terms. This defines the Electoral College,
which is created in an attempt to prevent mobocracy, and places restrictions
on who can be President. This also established the chain of Command should
the president die, establishes that the President is paid a salary, and outlines
the procedure for swearing in a new President.
Section II Establishes that the President is the Commander in Chief of the
Armed Forces, gives the President power to grant pardons for all offences
(except impeachment), and gives the President power to make treaties
(which must then be ratified by 2/3 of the Senate)
Section III Establishes that the President must inform the people on the
State of the Union, which is now customarily done every year in February.
Section IV Outlines the offences that a President can be impeached for,
such as:
- High crimes

Treason
Bribery
Other misdemeanors

Article III
This Article addresses the powers of the judicial branch, which is created to
Interpret and Apply laws.
Section I Establishes the Supreme Court, alongside the Federal court
system, and mandates that the justices be paid.
Section II Describes the duties of the federal court, such as dealing with:
- Treaties
- Multi-state issues
- Foreign affairs
According to this section, state courts will deal with all other issues.
Article IV
Section II All crimes (except for impeachment), will be tried by a jury.
Section III Outlines what constitutes treason
Article IV
Section I Laws and edicts from one state can be applied in others.
Section II Fugitive Slave Law, which mandated the return of an escaped
convict or slave to the territory where they originally were in service.
Section III Outlined the process of creating new states (Land Ordinance
1787)
Section IV It is the governments responsibility to protect its citizens.
Article V
This article outlined the process of amending the Constitution, which needed
2/3 of Congress, and of States on board. This also mandated that not state
got less representation than the others.
Article VI
This determined the Constitution to be the Supreme law of the land, and
also said that no religious test could be used to determine a public office.
Article VII

States that 9 out of the 13 states needed to ratify the Constitution for it to be
made the governing document of the country.

The Bill of Rights

While the states did eventually pass the Constitution unanimously, this was
constituent on the inclusion of a Bill of Rights, which were made the first 10
Amendments to the Constitution. They are as follows:
Amendment I This outlined the freedoms of the people, such as the
freedom of:
- Speech
- The Press
- Peaceful Assembly
- Religion
- Petitioning the government
Amendment II This outlined the right to bear arms by a citizen.
Amendment III This essentially outlawed the Quartering Act imposed by the
British, saying that the army could not house troops in private homes during
peacetime.
Amendment IV This required the need for a warrant or probable cause for
the police or government to search or seize private property.
Amendment V Outlined the rights of the accused, such as the right to:
- Not be tried twice for the same crime (Double Jeopardy)
- Not bear witness against oneself
- The due process of law
This also outlined the process of eminent domain, which mandated that the
government must pay a fair market price prior to requisitioning private
property for public use.
Amendment VI This consisted of more rights of the accused, such as the
right to:
- A speedy and public trial
- Trial by an impartial jury
- Be tried in the district where the crime occurred
- Legal counsel
Amendment VII If a crime of common law is committed (Less than 20$
worth of property), the right to a jury is not valid.
Amendment VIII No cruel or unusual punishments can be issued.

Amendment IX If there are rights not explicitly listed in this Bill, that
doesnt mean that you do not have that right.
Amendment X If a power is not explicitly given to Congress in the
constitution, that power is given to the states or the people.

Government in The Washington Administration

The Washington Administration
George Washington was unanimously elected President for the first time in
1789, and was joined by John Adams, who became the Vice President due to
his receiving the second highest number of votes. Despite being a very
skilled general, Washington lacked much of the knowledge that was needed
to help start a new nation. To help with this issue, he appointed a series of
men to serve as his cabinet, with each man being assigned an area upon
which he was to advise Washington and aid in his decisions. The original
cabinet consisted of four men:
- Thomas Jefferson, the Secretary of State
- Alexander Hamilton, the Secretary of the Treasury
- Henry Knox, the Secretary of War
- Edmund Randolph, the Attorney General
Alexander Hamiltons Financial Policies
Alexander Hamilton, upon being appointed to this vaunted position, was
tasked with the extremely challenging job of fixing the economy of this
struggling new nation. He immediately created and started to enact a multifaceted fiscal plan with the intent on righting these financial woes.
Report On Public Credit - This process began when Hamilton issued a report
on public credit, which was government-issued IOUs, that were given out
during the Revolutionary War so that the government could receive
immediate capital from the people of the new nation. He proposed that all of
these should be immediately paid back at face value, to give the government
some credibility in the eyes of the people. This idea would be expanded upon
in the rest of his fiscal plan, which he created during this time.
Hamiltons Fiscal Plan In order to get the money to pay back these public
credits, Hamilton proposed the issuing of Government bonds. This would
result in those who purchased them having a tangible stake in the success of
the new government. He also proposed that the Federal Government should
assume all of the debts accrued by the individual states during the war.
While celebrated in the North, where these states still had large debts, this
view was unpopular in the South, as they had, for the large part, already paid
of their debts.

The Compromise Making a compromise, the southern states agreed to

these policies, with the stipulation that the national capitol would be moved
to the south, where Virginia and Maryland would each carve out a section of
land on the banks of the Potomac that would serve to house our new national
capitol.
Hamiltons Critics Hamiltons detractors, such as Thomas Jefferson,
believed that Hamilton was giving too much power to the central
government in his policies. One of the financial decisions that, in its time,
was the most controversial involved the creation of a national bank during
the 1790s. A group of men, led by Jefferson, argued that it wasnt explicitly
constitutional, and hence should not be allowed. These men became known
as strict constructionists, due to their interpretation of the Constitution.
Hamilton countered with the argument of the elastic clause, calling this
creation necessary and proper, making him and his followers known as
loose constructionists. Eventually, Washington and Congress would sign
with Hamilton, creating a national bank under a 20-year charter in 1796.
The Whiskey Tax One other way that Hamilton attempted to raise funds
was by creating a tax on whiskey. This enraged farmers, who found whiskey
to be the most cost-effective way to transport their grain as a marketable
product. Eventually, tensions became so high that a group of farmers in
western PA began to rebel. Hamilton himself raised a small fighting force and
marched to calm this issue, however, by the time he arrived, the rebellion
had largely lost steam.
The French Revolution (as viewed by Americans)
The French Revolution broke out in 1789, and Americans were caught in two
different minds in their decision of whether or not to offer support. On one
hand, our need to reciprocate after French aid to in the Revolutionary War, as
well as our shared hatred of Great Britain, led many to support this cause.
However, we lacked the financial stability to aid in a war effort, and needed
to focus our efforts domestically.
American Effects of The Revolution This war breaking out in Europe was
generally good for America, as there was now a much-heightened need for
food, which we exported in large amounts. However, the British did not like
our aiding the French in this manner, and began a policy of impressing our
sailors, or forcing them to join the British navy, and embargoing American
exports to Britain.
Reactions to the Revolution Once this broke out, there were three major
points of view, championed by three prominent American politicians.
- George Washington Were neutral
- Thomas Jefferson Yay France!

Alexander Hamilton Yay Britain!

Other Foreign Affairs During The Washington Administration

Jays Treaty John Jay, a politician, was sent to England with the intent of
making a treaty with the British. The resulting treaty, known as Jays Treaty,
had the following terms:
- The U.S.A and Great Britain became on Friendlier Terms
- The British would evacuate their troops from forts in the Midwest
Treaty of San Lorenzo Thomas Pinckey, another politician, attempted to
strike a similar deal with Spain, and succeeded, creating the Treaty of San
Lorenzo. The terms of this were:
- A more defined boundary with Florida
- The U.S. now had rights to navigate the Mississippi River and use the
city of New Orleans
The End of The Washington Administration
Washington was re-elected in 1792, but chose not to run again in 1796, as he
noticed he was close to death, and did not want to set the precedent that the
position of President was a life term. He famously wrote a farewell address to
the people, which was published in many newspapers, where he denounced
the increasing levels of partisan bickering between the two political parties
that had begun to emerge (The Federalists and The Republicans). Another
thing he asked for was the country stayed away fro foreign entanglements.
He left office gracefully, and died in 1799
Election of 1796
The Candidates - After George Washington states that he is not running for
re-election, two strong candidates emerge, each with drastically different
views. John Adams, who was previously the Vice President, represents the
Federalist Party. A lawyer from Massachusetts, he is a loose constructionist,
and believes in a stronger central government. The Republican Partys
candidate of choice is Thomas Jefferson, the previous Secretary of State. A
strict constructionist, he believes in a smaller central government.
The Outcome John Adams narrowly wins, but this creates an issue, under
the current rules, this leaves Thomas Jefferson with the position of Vice
President, where they each have radically different ideals.

John Adams as President

Foreign Affairs During The Adams Administration

The XYZ Affair John Adams sent three ambassadors to France to discuss the
capture of American ships by the French, similar to the British impressment
policy. However, upon arriving, they were met by three French agents,
identified as X, Y, and Z who refused to discuss this matter unless they were
paid a bribe. The matter was never discussed, and started what was known
as a Quasi-War.
The Quasi-War It was called a Quasi-War because no official declaration of
war was ever made, as Adams did not want to approach congress with this
issue. However, there was a large anti-French sentiment amongst the
population. The Americans responded by improving the quality of their navy.
This improvement was paid for by the Direct Tax of 1798, which taxed
property and slaves, and seemed a step in the direction of the British form of
government during the buildup to the revolution. Also, in order to stop
political dissent, Congress passed the Alien and Sedition acts during this
time.
Alien and Sedition Acts These Acts criminalized dissent against the
government, and were enacted to stop anti-American sentiments from taking
root during the Quasi-War. The Alien Act legalized the deportation and
imprisonment of suspicious aliens during wartime, while the Sedition Act
prohibited false or malicious writings against the government during
wartime. This seemed very un-democratic, and was met poorly by the
populace. To combat this, Thomas Jefferson and James Madison wrote and
gave to Virginia and Kentucky, respectively, what were to be known as the
Virginia and Kentucky resolutions.
Virginia and Kentucky Resolutions These sets of laws were written in
response to the Alien and Sedition Acts and stated that if the federal
government created a law that the state deemed to be unconstitutional, the
state did not have to adhere to this law. There was much debate as to
whether or not this was legal, and seemed to many to be a return towards
the policies of the Articles of Confederation.
Results of These Events These Acts swung the public opinion drastically
against the Federalists, with the Republican Party gaining a lot of traction.
Internationally, Napoleon gained power during this time, and eliminated all
American sympathy that may have lied with him, due to his dictatorial
governing. The French agreed to stop interfering with American shipping,
however, and the Quasi-War came to an end.