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Constitutional Debate…
How many branches… How many houses… Representation: Population or Equality… Next…????
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Anonymous Survey (answer in your head)
Do you have rules at your house? Do those rules list every single thing you can and can’t do? Have you ever tried to do something that wasn’t written out explicitly in those rules? ex. Have you ever eaten food in your room even though you weren’t told whether you could or couldn’t? Why did you try this “something?” To see what the boundaries are? To see what you can and can’t get away with?
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Interpretation of rules
When you recall your answers… Would you say you have a loose interpretation of the household rules… Or a strict interpretation of those household rules? *Loose – these rules are just a guideline and if it doesn’t specifically say you can or can’t do something then it may be ok to try *Strict – you do only the things that the rules specifically say you can do, all other things must be not allowed
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Same applies to the U.S. Constitution
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Interpretations of the US Constitution
The US Constitution does not say every single thing the President, or Congress, or a Judge can and can’t do So…. Some presidents approach their job with a very strict interpretation of the Constitution While others approach their job with a very loose interpretation of the Constitution Either way is ok as long as you are consistent! (some Presidents/Congressmen/Judges say one thing and do another)
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Lets look at how our Presidents approached their time in office…
*Presidential Highlights*
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Washington’s Farwell Address
(1796) “I anticipate…the sweet enjoyment…of good laws under a free government, the ever favorite object of my heart.” Washington’s Farwell Address 1 WAR 3 Political differences will weaken the nation/unity 2
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Political Parties PP emerge because people have different ideas/opinions about how the federal government should be developed and handle situations such as war, civil liberties, a budget, the deficit, etc.) Why do they exist? What are they? A group of people that have common interests who want to influence or control the decision-making in government through voting or by leading
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Political Parties Believed in a strong federal government; promoted manufacturing; loose interpretation of the U.S. Constitution (ex. John Adams) Despite G. Washington’s advice, PP emerged throughout the United States. Anti-slavery northerners united by the concept of stopping the spread of slavery out west (ex. M. Van Buren) The following parties emerged over time: Federalists Free-Soil Democratic – Republican Democrats Republicans Whigs Laborers that opposed emancipation; supporters of states’ rights (ex. A. Jackson) Preserve the power of state government and promote agriculture; strict interpretation of the U.S. Constitution, southern supported (ex. T. Jefferson) United against the spread of slavery in the west; abolitionists (ex. A. Lincoln) Weak president, but a strong Congress (ex. W.H. Harrison) Over time some of these PP merged together and others disbanded
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U.S. Treasury (originally known as the First National Bank)
Economist/Lawyer First Secretary of Treasury Federalist Alexander Hamilton 20 yr. charter U.S. Treasury (originally known as the First National Bank) If the US Constitution doesn’t forbid it then the national government can do it if it will benefit the nation Prints/ mints paper money and coins Loose interpretation U.S. Constitution Collects taxes Manages national investments and debts
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Protective tariff Supported by Alexander Hamilton
Support the U.S. economy (promoting and protecting domestic manufacturing and business in the northeast) Higher tariffs (tax) to raise prices of foreign goods in the United States Protective tariff Places a tax on foreign goods (discouraging the buying of those goods); therefore, by default encouraging you to buy the cheaper domestic goods Promote interstate commerce – buy American Upset southerners – as they needed goods from Europe and markets in which to sell
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Sure, for $250,000 and a loan of $12 million
XYZ Affair 1798 John Adams Purpose: Improve relations with France that had been strained under Washington’s presidency Sure, for $250,000 and a loan of $12 million Heck, NO! Tensions flare U.S. diplomats to smooth over conflict and negotiate a treaty to protect U.S. shipping France tried to hire American Privateers to help fight against the British Navy, but Washington didn’t like getting involved in foreign disputes believing that they would only take us into conflict and war. As a young nation (just out of war) Washington did not believe engaging in such treaties/agreements was in our best interest. He believed in staying neutral. Unfortunately, that can also sometimes cause flare ups by nations. Adams wanted to improve our relations with France, so he sent diplomats to France to sort out a deal/treaty. France refused to even acknowledge any kind of US treaty proposal unless Adams paid $250,000 and gave France a $12 million loan. Adams refused and tensions flared. While this did not turn into all out war, there were naval skirmishes in the Caribbean between France and the US. As a result Adams grew the US Navy, established a peace time military and eventually negotiated successfully to end the “quasi war” with France. Results: Standing And eventually… SUCCESS!
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Alien and Sedition Acts
1798 Congress (Adams) During the same time as the XYZ Affair was happening Congress passed a series of laws to “Protect the United States” during the undeclared naval war with France (“Quasi-War”) Alien and Sedition Acts Federalists + D/R - 1. resident power to deport if 2. I can’t stand this government and J. Adams they are useless! States tried to over turn these Acts passed by Congress as they believed they denied citizens their individual rights of free speech. Kentucky and Virginia Resolutions tried to overcome the Congressional Acts, failed. Adams and Congress did allow these Acts to expire and not renew them in later years. 2
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Thomas Jefferson 1 2 4 3 Marbury v. Madison First Term:
Democratic-Republican Party Believed in the limited power of federal government Strict interpretation of the Constitution (once he became President he practiced a loose interpretation of the Constitution) Thomas Jefferson 1 First Term: Enjoyed prosperity, lower taxes (removed the Whiskey Tax), reduced national debt (less spending on govt. officials and the military) By the end of Jefferson’s Presidency the government was bigger (How did this happen?) 2 4 3 Marbury v. Madison
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Louisiana Purchase 1. 2x 2. 3. 4. to Pacific Ocean Montana Colorado
Once Spanish territory, a secret treaty passes ownership to France Territory includes New Orleans (mouth of Mississippi River – significant trade route) October 20, 1803 – approved by the Senate $15 million (worth $300 billion today) Thomas Jefferson (sends Robert Livingston and James Monroe to negotiate purchase) Louisiana Purchase 1. 2x 2. Montana Colorado North Dakota Kansas South Dakota Oklahoma Minnesota Missouri Wyoming Arkansas Nebraska Louisiana Iowa Texas New Mexico Spain passes ownership of Louisiana territory to France as it can not prevent Americans from entering – unable to improve Spain’s position in North America they pass it onto France (Spain closes New Orleans – mouth of Miss. R. to Americans – preventing trade) France (Napoleon) needed money to buy weapons and supplies to fight the British therefore sold LA Purchase to the United States Jefferson questioned his power as president, can he garner a deal to purchase new foreign lands? He too did not like to spend large sums of public money. Jefferson went through with the deal – proving that in practice he used a loose interpretation of the Constitution US wanted this land to control both sides of the Mississippi River for trade purposes (port at New Orleans) 3. 4. to Pacific Ocean
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Supreme Court Case (1803) William Marbury (approved judge by J. Adams) James Madison (Jefferson’s secretary of state) 1st Act of Congress to be struck down by the Supreme Court (Judiciary Act of 1789) Marbury v Madison 1. 2. Marbury was appointed as a Federal Judge by J. Adams at the very last moment of Adams’ term (midnight appointees). Officially appointment papers were never delivered to Marbury by the time Adams was no longer the president. Jefferson, the new President and Adams sworn enemy told Madison (Jefferson’s Sec. of State at the time) to not serve Marbury with his appointment papers. Marbury attempts to sue for his commission/appointment. This hearing reaches the Supreme Court (as it was federal court case the entire time). Upon reaching the Supreme Court, it is declared that the basis for hearing such a case is not constitutional. It was determined that the Judiciary Act of 1789 tried to alter the types of cases the Supreme Court could hear. No Congressional Act can make such changes to the Supreme Court, only a change to the US Constitution can alter the types of cases the Supreme Court hears. Marbury’s case was based on this Judiciary Act of 1789 though. Therefore the SC had to make a decision about not only could Marbury sue, was Madison in violation of the law but also the constitutionality of the Judiciary Act of 1789 the very law that Marbury had defined his case off of. The SC decided that Marbury did have the right to sue directly to the SC according to the decision because technically Madison was in violation of the law, but also determined the law that Marbury used in order to reach the Supreme Court was actually unconstitutional. The results of this case are that the Supreme Court began to define its powers in the federal court system. It strengthened its roll among the three branches of federal govt. and it defined its ability to check up on the other two branches by way of judicial review. This allows the Supreme Court the power to declare a law/act unconstitutional. This case is the first time the SC carried out this process that is still used today. judicial review: power of the Court to declare an act/law/order unconstitutional
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vs Embargo Act 1. 2. Results: WAR or US NAVY
Thomas Jefferson embargo – banning of trade 1807 – banned trade with foreign nations Passed to punish British and French; to protect American merchant ships from attack Embargo Act WAR or vs 1. 2. US NAVY What region of the United States do you think was impacted most by suspended trade? Great Britain and France were at war; US trading with both to remain “neutral” and make a profit; GB and FR broke American neutrality first Both GB and France began seizing American ships to prevent the US from trading with the other (hurting US economy – northeast) and forcing American ships/sailors to fight for their side (impressment) US passed the Embargo Act to protect American merchant ships and to punish both FR and GB; no American ship could travel to a foreign port and American ports were closed to British ships specifically Results: hurts (broken/damaged) US economy especially northern merchants, sent US into a recession, little effect on GB and France Follow up to the Embargo Act was the Non-Intercourse Act – revised the Embargo Act to only deny trade with GB, FR and their colonies. Again it did little to hurt FR and GB but much to hurt the US economy Results:
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James Madison (Pres ) First official Congressional declaration of war United States vs. Great Britain (1815) Second War of Independence War of 1812 1. Bigger and superior – blockaded American seaports (despite small US naval victories) 3. British resurgence 1814 2. 4. British – hoping to control the MR came across A. Jackson (2,000 GB casualties to 70 US casualties) Causes: Forcing American Sailors into GB navy (impressment) Interference with American shipping British helping Native Americans in the US put up resistance (Canadian border and in the deep South – Alabama) US Military struggled at sea to defeat the British navy (too many of them, and superior). The American attacks along the Canadian border were weak and controversial (can we wage war in foreign land such as Canada?). Eventually the American’s do conquer this Canadian border. Great Britain defeats France in its other war and sends reinforcements to take on the United States. The British create a blockade to American seaports, push its navy through Baltimore to DC, burn down the White House (politically and emotionally a blow to America). Effects: Nationalism in US (beating GB for the second time) Am. Manufacturing increased Native American resistance weakened Battle of New Orleans - Andrew Jackson war hero 1815 Treaty of Ghent – signed Dec. 1814 Slow communication meant battles continued after the treaty was signed Canadian Border overland attack on the British – took years for the United States Army to defeat the British and Natives along this border (W. H. Harrison)
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War of 1812 (results) 1. Treaty of Ghent (Belgium 1814) -Officially ended the War of 1812 -Conquered lands returned 3. American trade rekindled – helping northern manufacturing 4. Patriotism/Nationalism – sense of American pride increased Causes: Forcing American Sailors into GB navy (impressment) Interference with American shipping British helping Native Americans in the US put up resistance (Canadian border and in the deep South – Alabama) US Military struggled at sea to defeat the British navy (too many of them, and superior). The American attacks along the Canadian border were weak and controversial (can we wage war in foreign land such as Canada?). Eventually the American’s do conquer this Canadian border. Great Britain defeats France in its other war and sends reinforcements to take on the United States. The British create a blockade to American seaports, push its navy through Baltimore to DC, burn down the White House (politically and emotionally a blow to America). Effects: Nationalism in US (beating GB for the second time) Am. Manufacturing increased Native American resistance weakened Battle of New Orleans - Andrew Jackson war hero 1815 Treaty of Ghent – signed Dec. 1814 Slow communication meant battles continued after the treaty was signed 2. Andrew Jackson noted as a war hero – national recognition and fame
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Influence US Monroe Doctrine 1. 2. Europe
James Monroe (John Q. Adams – Sec. of State) December 2, 1823 Protects American interests Attempt to restrain the influence of European nations in newly independent Latin American countries Policy warning European powers not to interfere with the N. and S. America Monroe Doctrine 1. Influence Let the world know the United States was a rising power – don’t test us 2. US Latin American countries had just fought their revolutionaries against the Spanish. US found their rev. the same so they supported Latin American independence. To prevent other European nations from storming the lands, James Monroe issued the Monroe Doctrine warning any nation that tried to colonize or influence Latin America would be perceived as a threat and the US would intervene to protect LA and US interests. Europe
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Erie Canal – movement of goods and people faster across waterways
Henry Clay (J.Q. Adams/Jackson) – 1820’s Promote national unity Ideas to make the United States economically independent from other nations (no need for foreign trade) American System 1. 2. 3. 1820’s National Bank to provide a single currency that would promote interstate commerce Build canals and roads to promote interstate commerce as well All to enhance the nationalism/national unity Northerners benefited more than southerners from the American System; protective tariffs hurt the southern economy Erie Canal – movement of goods and people faster across waterways Cumberland Road (MD to WV to OH) – first road built by the federal government
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Taken Out 2015 Federalist Democratic- Republican Political Parties
Political differences existed in part based on where and how people lived Taken Out 2015 John Adams Thomas Jefferson Federalist Democratic- Republican Interpretation Strict Loose Interpretation
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