What is the difference between these two ways of writing the U.S.?
United States
united States
The New Nation:
I.
Creating
the Constitution
A.
Context:
Shays’ Rebellion: 1786
B.
Constitutional
Convention
James Madison was called the “Father of the Constitution”
Structural Features:
Three Branches:
Judiciary/Executive/Legislative
Key Concepts:
a. Federalism
1. Virginia Plan
(TWO HOUSES, BASED ON POP.)
2. New Jersey Plan
(ONE HOUSE, ONE VOTE PER STATE)
3. Connecticut Plan
(THE GREAT COMPROMISE)
b. Democracy
c. Liberty: we are preoccupied with rights
"Liberty is to be free from restraint and violence from
others." Locke
--he was crucial in that he helped Americans envision the attainment of
natural rights.
"Men by nature are free, equal, and independent." Rousseau, The
Social Contract 1762
"Man is born free, and everywhere he is in chains."
d. Limited government
e. Equality: belief in an equal chance at
life
f. Civic Duty: perfect society has a price
II.
Ratification
of the Constitution
THOSE FOR THE CONSTITUTION: Federalists
THOSE AGAINST THE CONSTITUTION…Anti-Federalists
George Mason: the Constitution was “totally subversive of every
principle which has hitherto governed
us. This power is calculated to annihilate totally the state governments.”
Patrick Henry: “the whole of our property may be taken by this American
government by laying what taxes they please, and suspending our laws at
pleasure…I
look upon that paper as the most fatal plan that could possibly be conceived to
enslave a free people."
--by July of 1788, 10 of 13 had ratified the Constitution.
--by 1790, all 13 had ratified.
PROTECTING LIBERTY:
The Bill of Rights…
Amendment
I
Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to assemble, and
to petition the Government for a redress of grievances.
Amendment
II
A well regulated Militia, being necessary to the security of
a free State, the right of the people to keep and bear Arms, shall not be
infringed.
Amendment
III
No Soldier shall, in time of peace be quartered in any
house, without the consent of the Owner, nor in time of war, but in a manner to
be prescribed by law.
Amendment
IV
The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures, shall
not be violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.
Amendment
V
No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or indictment of a Grand
Jury, except in cases arising in the land or naval forces, or in the Militia,
when in actual service in time of War or public danger; nor shall any person be
subject for the same offence to be twice put in jeopardy of life or limb; nor
shall be compelled in any criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process of law; nor shall
private property be taken for public use, without just compensation.
Amendment
VI
In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of the State and
district wherein the crime shall have been committed, which district shall have
been previously ascertained by law, and to be informed of the nature and cause
of the accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defence.
Amendment
VII
In Suits at common law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be preserved, and no
fact tried by a jury, shall be otherwise re-examined in any Court of the United
States, than according to the rules of the common law.
Amendment
VIII
Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
Amendment
IX
The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained by the people.
Amendment
X
The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the States
respectively, or to the people.
III.
First
Party System:
Federalists vs. Anti-Federalists
Hamilton vs. Jefferson
Hamilton: People
are “ambitious, vindictive, and rapacious…and seldom judge or determine right.”
IV.
Election
of 1796: (Adams)
Why did Washington not seek a third term?
“If ever a nation was debauched by a man, the American nation has been
debauched by Washington.” (published by Franklin’s grandson)
Republicans called Adams: “a friend of monarchy.”
Federalists called Jefferson: “atheist, anarchist, demagogue,
Franco-maniac.”
Jefferson followers were called, “cut-throats who walk in rags and
sleep amidst filth and vermin.”
Adams: 71 votes
Jefferson: 68
“The second office is honorable and easy; the first is but splendid
misery.” TJ
Alien and Sedition Act
Election of 1800
SHAPE OF THE NATION:
2.5 million in 1775
5.3 million in 1800
300,000 in towns of 2500 or more (less than 7% “urban”)
"My father was A farmer and by the help of his trusty rifle kept
the family in wild meat such as bear, elk, deer, and wild Turkey."
"My Farm gave me and my family a good living on the produce of it;
and left me, one year after another, one hundred and fifty dollars, for I have
never spent more than ten dollars a year, which was for salt, nails, and the
like. Nothing to wear, eat, or drink was purchased, as my farm produced
all."
V. Revolution of 1800?
VI. The Courts
Marbury v. Madison (1803)
VII. The West: Completing the Vision
A. Louisiana Purchase
B. Lewis and Clark
VIII. Slavery
T. Jefferson, "There must doubtless
be an unhappy influence on the manners of our people produced by the existence
of slavery among us. The whole commerce between master and slave is a perpetual
exercise of the most boisterous passions, the most unremitting despotism on the
one part, and degrading submissions on the other. Our children see this, and
learn to imitate it; for man is an imitative animal. This quality is the germ
of all education in him."
Patrick Henry, 1773, "I believe a time
will come when an opportunity will be offered to abolish this lamentable evil.
Everything we do is to improve it, if it happens in our day; if not, let us
transmit to our descendants, together with our slaves, a pity for their unhappy
lot and an abhorrence of slavery."
Oliver Ellsworth, from Connecticut, "All
good men wish the entire abolition of slavery, as soon as it can take place
with safety to the public, and for the lasting good of the present wretched
race of slaves."
Abigail Adams, Virginians could not have the
"passion for Liberty" they claimed they did, since they "deprive
their fellow Creatures" of freedom.
John
Jay, 1786, "It is much to be wished that
slavery may be abolished. The honour of the States, as well as justice and
humanity, in my opinion, loudly call upon them to emancipate these unhappy
people. To contend for our own liberty, and to deny that blessing to others,
involves an inconsistency not to be excused."
George
Washington wrote, "Your late purchase of an estate in
the colony of Cayenne, with a view to emancipating the slaves on it, is a
generous and noble proof of your humanity. Would to God a like spirit would
diffuse itself generally into the minds of the people of this country; but I
despair of seeing it."
Is slavery written into the Constitution?
1.
Enumeration Clause…(3/5 “of all other persons”)
2.
Article 1, Section 9, Congress is
limited, expressly, from prohibiting the "Importation" of slaves,
before 1808…Congress would outlaw the importation of slaves on Jan. 1, 1808
3.
Fugitive Slave Clause…The laws of
one state cannot excuse a person from "Service or Labour" in another
state.
No comments:
Post a Comment