The Constitution & Challenges for the New Government

I. Conflict Over Balance of Power A. Representation in the Legislature: i. Virginia Plan: bicameral, two house, legislature; lower house decided by vote, upper house appointed by lower house 1. Who liked it? States with higher populations ii. New Jersey Plan: unicameral, single house legislature; each state would have one vote 1. Who liked it? States with lower populations

B. The Great Compromise: i. Settled dispute about representation: 1. bicameral legislature a. House: Based on population b. Senate: Two per state

Federalists vs. Anti-Federalists C. Federalists (i.e. Hamilton) wanted: i. more power in central government ii. stronger authority of the President D. Anti-Federalists (i.e. Jefferson) wanted: i. more power in state governments ii. weaker role of president (feared tyranny)

Federalism and Balance of Power E. Federalism: power is divided between the national government and state governments F. checks and balances: to prevent one branch of government from getting too much power 1. each branch has ways to check the power of the other branches (i.e. the President can veto laws; Congress can override a veto)

10 th Amendment “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.”

II. Disputes Between States A. Northwest Territory 1. Northwest Ordinance (1787): divided land into 3-5 states and set requirements for new states to be admitted; opened up land to potential slavery and left out Native Americans

B. Slaves: Do slaves count towards population in the House? 1. Three-fifths compromise: 3/5 of slaves were counted for representation purposes in the House (no slaves could vote) 2. Because of divided power between federal and state governments, states could decide whether they wanted to continue slavery (10 th Amendment)

III. The U.S. Constitution PREAMBLE: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” A. Ratified (approved) 1789

B. Three Branches: 1. Legislative (Article I) 2. Executive (Article II) 3. Judicial (Article III)

C. Powers of Congress 1. Make Laws a. House of Representatives b. Senate 2. Maintain military and declare war

3. Make laws “necessary and proper” for carrying out their powers a. gives Congress a wide range of power 4. Oversight (checks and balances) of other branches a. can impeach the President b. confirms Supreme Court Justices

D. Powers of the Executive (President & Cabinet) 1. Commander in Chief of military 2. Makes Treaties with other countries 3. “Executes,” or carry out, the laws 4. Appoints Supreme Court Justices 5. Oversight (checks and balances) of other branches a. Can veto laws made by Congress

E. Powers of the Judicial Branch (Courts) 1. The Judiciary Act (1789): established a Supreme Court and lower courts 2. Power to decide if laws are Constitutional a. this is called judicial review (established through Marbury v. Madison) Judicial Branch Checks on the Executive Branch Supreme Court can use the power of judicial review to rule laws unconstitutional Judicial Branch Checks on the Legislative Branch Supreme Court can use the power of judicial review to rule presidential actions unconstitutional Supreme Court can use the power of judicial review to rule treaties unconstitutional

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IV. Early Political Challenges A. First Political Parties: 1. two party system (Hamilton = Federalists; Jefferson = Democratic Republicans )

B. Taxes needed to pay debts and run the new government: 1. foreign debt, mostly to France 2. paying off government bonds, used to pay soldiers during the war 3. paying new government officials, building government buildings, etc.

C. Whiskey Rebellion: 1. excise tax, or sales tax on whiskey 2. led to rebellion: A. farmers refused to pay tax B. Farmers beat up federal marshals sent to collect the tax C. Farmers threatened to secede (break away) from the country

Whiskey Rebellion Outcome: President Washington sent in federal troops Matter was settled peacefully, and rioters were told to object to the law through the legal process Resulted in many whiskey producers moving to the frontier land (outside of federal control) The whiskey tax was repealed in 1803

D. Conflict with Great Britain: 1. Jay’s Treaty: dispute over Western border and territory west of the Appalachians led to treaty that allowed Great Britain to trade on Canadian border and failed to establish free trade in the Caribbean

E. Conflict with France: 1. France viewed Jay’s Treaty as a violation of the American-French alliance 2. XYZ Affair: meeting with low-level French officials led to anti-French sentiment and undeclared war between the U.S. and France 3. Congress passed the Alien and Sedition Acts to silence opposition against Adams, especially from immigrants

The cartoon below depicts a five-headed monster, representing the Directory that ruled France in 1797, demanding payment of a bribe from the three American representatives.

F. nullification: idea that states had the right to nullify, or void, any law they saw as unconstitutional 1. Virginia and Kentucky Resolutions: VA and KY nullified the Alien and Sedition Acts 2. Demonstrates the growing divide between Federalists and Democratic- Republicans