The Unfinished Nation Chapter 6

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federalism

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A system of government in which powers are divided between a central government and local governments, giving each authority in its own sphere. The extent of and the limitations on this authority are defined in a constitution, which in the United States, also reserves certain powers to the people. It was such a system that many argued existed under the British Empire, whereas others insisted that a true "federal" system existed under the Articles. This latter group further argued that the Constitution of 1787 put too much power in the hands of the central government and hence created a national rather than a federal government.

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implied powers

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Powers that are not clearly defined in the Constitution, but, by implication, are granted to the government. Those who believe in the existence of such powers favor a "loose" interpretation of the Constitution, whereas those who hold that the Constitution authorizes nothing that is not spelled out specifically follow a "strict" interpretation.

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implied powers doctrine

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The idea put forth by Hamilton in his argument in favor of the Bank, which held that the government has powers other than those enumerated in the Constitution. These "implied powers" rise from the government's right to select the means to exercise the powers given it and from the "necessary and proper" clause of the Constitution. Later this was stated even more directly by Chief Justice John Marshall: "Let the end . . . be within the scope of the constitution and all means which [are] appropriate . . . which are not prohibited . . . are constitutional."

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national bank

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A private (as opposed to government) institution into which government revenue is deposited. This bank issues currency, grants loans, and generally encourages commercial activity while stabilizing the economy.

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national system

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A system of government (as opposed to a federal system) in which the central government is supreme and the local units (states) surrender most of their sovereignty to it.

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protective tariff

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A tax on goods that are brought into the country and compete with that country's own products. It is designed to drive up the cost of foreign goods and protect native manufacturers from disruptive competition.

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separation of powers

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The division of governmental power among the various branches (legislative, executive, judicial) to prevent one branch from dominating the government.

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tariff

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A tax on goods imported or exported by a country; in the United States, a tax on imported goods.

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The Confederation Congress

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This early national government had become very unpopular and ineffective in the mid 1780s, its' existence became waif-like. Its' members even withdrew from it to escape army veterans demanding their money back, like in Shays Rebellion. Delegate began to become very scarce for this group, and it took them great difficulty to produce a quorum to ratify the treaty with Great Britain ending the Revolutionary War.

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Alexander Hamilton (1755-1804)

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The illegitimate son of a Scottish merchant in the West Indies who had become a successful New York lawyer. He was also the most resourceful advocate of a stronger national government. First to call for a national convention to overhaul the Articles of Confederation. Chosen by George Washington to be the first Secretary of Treasury.

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James Madison (1751-1836)

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He was from Virginia and was an important ally for Alexander Hamilton. He persuaded the Virginia legislature to convene an interstate conference on commercial questions. Only five states sent delegates to the meeting, which took place at Annapolis, Maryland in 1786. This was known as the Annapolis Convention and in it a proposal made by Hamilton was approved to hold another convention of special delegates from all the states to meet in Philadelphia the next year.

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The "Founding Fathers"

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Fifty-five men, representing all the states except for Rhode Island, attended one or more sessions of the convention that sat in the Philadelphia State House from May to September 1787. They were all relatively young men, the average age was only 44, they were well educated by the standards of their time, wealthy property owners, and all feared what one of them called the "turbulence and follies" of democracy. However, they all retained the Revolutionary suspicion of concentrated power.

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Constitutional Convention of 1787

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Held in Philadelphia from May to September in 1787. Decided that Washington would preside over its sessions and that its business would be closed off from the public and the press. Also ruled that each state delegation should have a single vote and that major decisions would require not unanimity, as they did in congress, but a simple majority. Almost all the delegates agreed that the United States needed a stronger central government.

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The Virginia Plan

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James Madison who led the Virginia delegation in Philadelphia had devised in some detail this plan for a new "national" government. It shaped the agenda of the convention from the moment Edmund Randolph of Virginia opened the debate by proposing that "a national government ought to be established, consisting of a Legislative, Executive, and Judiciary." The brief description outlined a government very different from the confederation and the delegates were so committed to fundamental reform that they approved it after only brief debate. It called for a national legislature of two houses: 1) lower house represented in proportion to their population and 2) upper house elected by the lower house under NO rigid system of representation. Large states rallied behind this plan.

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Edmund Randolph

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Virginian who opened the debate on new national government at the Constitutional Convention by proposing that "a national government ought to be established, consisting of a Legislative, Executive, and Judiciary." A part of the Virginia Plan.

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The New Jersey Plan

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This plan would have retained the essence of the existing system with its one-house legislature in which all states had equal representation, but would have given congress expanded powers to tax and to regulate commerce. This plan was rejected but did have some impact, it made the supporters of The Virginia Plan realize that they would have to make concessions to the small states, so they agreed to permit members of the upper house to be elected by the state legislatures.

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William Paterson

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Delegate from New Jersey who offered an alternative to the Virginia Plan ... the New Jersey Plan representing the voices of the smaller states.

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The Great Compromise

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Began with a proposal that was produced by the "great committee" which was chaired by Franklin and one delegate from each state. It called for a two-house legislature. In the lower house the states would be represented on the basis of population; each slave would be counted as three-fifths of a free person in determining the basis for both representation and direct taxation. In the upper house the states would be represented with two representatives apiece. This was voted on and accepted on July 16, 1787.

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Popular Sovereignty

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The principle that the authority of the government is created and sustained by the consent of its people, through their elected representatives (Rule by the People), who are the source of all political power.

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"Checks and Balances"

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Separation of Powers was the Constitutions' most distinctive feature within the government that would prevent one single group from being able to dominate the others. A system of "checks and balances" among the legislative, executive, and judicial branches was also created. Congress would have two chambers that would constantly be checking each other and these two systems would ensure that the forces within the government would constantly be competing with each other and would all have to agree before passing any laws.

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“Separation of Powers”

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A fundamental principle of the United States government, whereby powers and responsibilities are divided among the legislative branch, executive branch, and judicial branch.

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Executive Departments

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The four original executive departments (state, treasury, war, justice) focus on certain aspects of the executive branch.

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Federalists

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Supporters of the Constitution labeled themselves as this. It is a term that opponents of centralization had once used to describe themselves, thus implying that they were less committed to a "nationalist" government than in fact they were. They had the support of Washington, Franklin, two of the most eminent men in America, and the ablest political philosophers of their time, like Hamilton, Madison, and Jay. Those three men, under the joint pseudonym "Publius", wrote a series of essays, that were widely published in newspapers throughout the nation, explaining the meaning and virtues of the Constitution. These essays were later issued as a book and are known today as The Federalist Papers.

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John Jay

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One of the three men along with Alexander Hamilton and James Madison who wrote under the joint pseudonym, "Publius" supporting the ideals of the Federalists.

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"Publius"

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Joint pseudonym of Alexander Hamilton, James Madison, and John Jay writing essays (The Federalist Papers) supporting the meaning and virtues of the Constitution ... i.e. Federalist doctrine.

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The Federalist Papers

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Series of newspaper articles written by John Hay, James Madison and Alexander Hamilton which enumerated arguments in favor of the Constitution and refuted the arguments of the anti-federalists

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Antifederalists

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The critics of the Federalists. Idealistic defenders of the "true principles of the Revolution." Believed the Constitution would increase taxes, weaken the states, wield dictatorial powers, favor the "well born" over the common people and abolish individual liberty. Argued the Constitution lacked a Bill of Rights. This group was represented by distinguished leaders of the Revolution like Patrick Henry and Samuel Adams.

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Patrick Henry

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Revolutionary leader who was an Antifederalist.

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Samuel Adams

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Revolutionary leader who was an Antifederalist.

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The Bill of Rights

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The first ten amendments to the Constitution that were ratified by the states in 1791. They were essential to legitimize the new government in the eyes of its opponents. Nine of them placed limitations on Congress by forbidding it to infringe on certain fundamental rights: freedom of religion, speech, and the press; immunity from arbitrary arrest; trial by jury; and others. The tenth amendment reserved to the states or the people all powers except those specifically withheld from them or delegated by the federal government.

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The Judiciary Act of 1789

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Congress provided for a Supreme Court of six members and a system of lower district courts and courts of appeal. It also gave the Supreme Court the power to make the final decisions in cases involving the constitutionality of state laws.

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Henry Knox

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A Massachusetts Federalist chosen by George Washington to be the first Secretary of War.

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Thomas Jefferson

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A Virginian who was chosen by George Washington to be the first Secretary of State.

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Report on Manufactures (1791)

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As outlined in this 1791 report, Alexander Hamilton admired efficiently run factories in which a few managers supervised large numbers of workers. Manufacturing would provide employment, promote emigration, and expand the applications of technology. Plan for stimulating the growth of industry and spoke glowingly of the advantages to society of a healthy manufacturing sector.

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The Bank of the United States

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Began its operations in 1791. It was created when Hamilton suggested a funding bill that would take all the states debt and put it in control of the government to make it a national debt that they could all pay off together through taxes. It caused a lot of heated debates because people argued that since it was not in the Constitution then Hamilton had no authority to create a national bank. Despite these objections, Congress agreed to the bill and Washington signed it.

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Republicans

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The Federalists began to be seen as menacing, this opposition party was formed. The result was a new political organization. This group went to even greater lengths than the Federalists by having formed committees in every state, societies, and caucuses. This institutionalized factionalism is known to historians as the "first party system"

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National Capital Compromise

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The site of the new capital was the product of political compromise. As part of the struggle over Hamilton's financial policy, Congress supported the Bank of the United States which would be headquartered in Philadelphia. In exchange the special District of Columbia, to be under Congressional control, would be built on the Potomac River.

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Whiskey Rebellion (1794)

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In 1794, farmers in western Pennsylvania raised a major challenge to federal authority when they refused to pay the new whiskey excise tax and began terrorizing tax collectors in the region. The Federal government did not leave this situation to the local authorities in Pennsylvania. Instead Washington called out the militias of three states, about 15,000, and he himself with them to confront the problem, at the sight of them the rebellion collapsed.

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Jay's Treaty (1794)

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This treaty was meant to secure compensation for the recent British assaults on American shipping, to demand withdraw of British forces from their posts on the frontier of the United States, and to negotiate a commercial treaty with Britain. It was written long and complex and in 1794, it failed. It did, however, settle the conflict with Britain, avoiding a likely war. Also it provided for undisputed American sovereignty over the entire Northwest and produced a reasonably satisfactory commercial relationship with a nation whose trade was very important to the United States. When the terms became known in America, criticism was intense. Opponents tried to defeat it in the senate but in the end the Senate did ratify it. This paved the way for a settlement of important American disputes with Spain.

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Thomas Pinckney

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Negotiated the Pinckney Treaty in 1795 with Spain.

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Pinckney's Treaty (1795)

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Negotiated by Thomas Pickney and signed in 1795. Under this Spain recognized the right for Americans to navigate the Mississippi to its mouth and to deposit goods at New Orleans for reloading on oceangoing ships; agreed to fix the northern boundary of Florida along the 31st parallel; and commended its authorities to prevent the Indians in Florida from launching raids north across the border.

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Charles Cotesworth Pinckney

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When he arrived in Paris as the new American minister, the French government refused him. In an effort to stabilize relations, Adams appointed a bipartisan commission to negotiate with France and Pinckney returned to Paris only to outraged again.

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Election of 1796

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The first major political contest between Republicans and Federalists. John Adams ran as a Federalist, and Thomas Jefferson as a Republican. Republicans controlled theSouth, while Federalists dominated New England, New Jersey, andSouth Carolina. Adams won the presidency by three electoral votes.Jefferson became vice president following Constitutional protocol,which stated that the candidate with the second highest number ofvotes would become vice president. The two rivals teamedtogether for what proved to be a tense and unproductive partnership.

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Prince Talleyrand

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When President Adams bipartisan commission to negotiate with France arrived in Paris in 1797, three agents of this French foreign minister demanded a loan for France and a bribe for French officials before any negotiations could begin. Pinckney replied saying "No! No! Not a sixpence!"

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"XYZ Affair" (1798)

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When Adams heard of the insulting incident in Paris, he sent a message to Congress telling them to prepare for war, but before he sent the commissioners' report he changed the names of the three French agents to X, Y, and Z. This report, after published, quickly became known as this name.

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The "Quasi War" (1798-1800)

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The "XYZ affair" provoked widespread outrage toward France and a strong support for the Federalists' response. For nearly two years, 1798-99, the United State found itself in an undeclared war with France.

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The Alien and Sedition Acts (1798)

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In efforts for the Federalists to silence the Republicans, they developed these acts, which were some of the most controversial legislation in the history of America. The Alien Act placed new obstacles in the way of foreigners who wished to become American citizens, and it strengthened the presidents' hand in dealing with aliens. The Sedition Act allowed the government to prosecute those who engaged in "sedition" against the government. In theory, only libelous or treasonous activities were subject to prosecution; but since such activities had no clear definition, the law, in effect, gave the government authority to stifle virtually any opposition. The Republicans interpreted the new laws as part of a Federalist campaign to destroy them. The Federalist administration used the Sedition Act to arrest and convict 10 men, most of them Republican newspaper editors whose only crime had been criticism of the Federalists in government.

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Virginia and Kentucky Resolutions (1798-99)

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In looking for ways to reverse the Alien and Sedition Acts, Republican leaders asked the state legislatures for help. They developed a theory to justify action by the sates against the federal government in two sets of resolutions of 1798-99. One was written (anonymously) by Jefferson and adopted by the Kentucky legislature and the other was drafted by Madison and approved by the Virginia legislature. These used the ideas of John Locke and the Tenth Amendment to the Constitution to argue that the federal government had been formed by a "compact" or contract among the states and possessed only certain delegated powers. When a party to the contract, a state, decided that the central government had exceeded those powers, it had the right to "nullify" the appropriate laws.

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nullification

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In United States constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal law which that state has deemed unconstitutional. The theory of nullification has never been legally upheld by federal courts.

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Matthew Lyon

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Republican from Vermont who responded to an insult from Roger Griswold, a Federalist from Connecticut, by spitting in Griswold's eye. Griswold attacked Lyon with his cane, Lyon fought back with a pair of fire tongs in the House of Representatives.

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Roger Griswold

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A Federalist from Connecticut who attack Republican, Matthew Lyon, from Vermont with a cane. The two men wrestled each other on the floor of the House of Representatives.

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Aaron Burr

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New Yorker that mobilized an organization of Revolutionary War veterans, known as the Tammany Society, to serve as a Republican political machine. Served as the 3rd Vice President of the United States. Member of the Republicans and President of the Senate during his Vice Presidency. He was defamed by the press, often by writings of Hamilton. Challenged Hamilton to a duel in 1804 and killed him.

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Tammany Society

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An organization of Revolutionary War veterans that were mobilized by Aaron Burr in an effort to serve as a Republican political machine. Through their efforts, the party carried New York City by a large majority, and with it the state. This caused a tie between Jefferson, a Republican, and Burr.

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The Judiciary Act of 1801

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A law that increased the number of federal judges, allowing President John Adams to fill most of the new posts with Federalists.

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John Marshall

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A leading Federalist that was appointed by John Adams to be the Chief Justice of the Supreme Court, a position he held for 34 years.

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"Midnight Appointments"

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John Adams signed the commissions for these Federal judges during his last night in office. Demonstrated the Federalists' last minute attempt to keep some power in the newly Republican Government.

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"Revolution" of 1800

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What Thomas Jefferson had called the time when the Republicans viewed their 1800 election victory as almost complete and they had saved the nation from tyranny of the Federalists. In exuberance with which the victors viewed the future, and the importance they ascribed to the defeat of the Federalists, was evident in the phrase Jefferson used later to describe his election.

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Roger Sherman

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Most responsible for working out a compromise to the representation problem in creating the Constitution. Result: upper house (Senate) equal representation for each state and lower house (House of Representatives) based on population size in each state.