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JCC Survey Course 1:
Cyberlectures & Review:
7

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The Critical Years 1789 - 1800

Video Clips

In many of the cyberlectures, I have added video clips from a variety of sources. I believe that video often is very effective to bring a topic to life.

In some cases, especially the History Channel, you will have to tolerate a 30 second advertisement. I apologize for the inconvenience.

The Constitution, which went into effect in 1788, was intended to correct the shortcomings of the Articles of Confederation by strengthening the national government and limiting state governments. The abuses of the monarchy and Parliament were still fresh in the minds of American citizens. Would this new federal government exercise too much power? How would separation of powers or checks and balances actually function? These and many other questions awaited the unanimously elected President Washington (click for a video clip) and the members of the first Congress, as they entered the temporary capital of New York City. Today, as we read the Constitution, it is possible to visualize the House of Representatives, Senate, Supreme Court and the majestic buildings in Washington D.C. However, in the early years, the first administration would actually define every facet of the Constitution through practice, trial and error. I have always admired George Washington for his dedication and many accomplishments. However, as he took the oath of office on April 30, 1789, the task of directing the transformation of the Constitution from parchment to reality must have been overwhelming. From this day on, the decisions and actions of the Congress as the legislative branch, the president as the chief executive and the Supreme Court as the federal judiciary, would clearly define the living Constitution.

One of Washington's first actions was to organize his executive department. The original cabinet positions included: Thomas Jefferson as Secretary of State, Alexander Hamilton Secretary of the Treasury, Henry Knox Secretary of War, and Edmund Randolph as Attorney General. These four men, from different sections of the country and with diverse political perspectives, would serve as the president's advisors. Hamilton emerged as a dominant figure and, with the approval of President Washington and Congress, designed and implemented a dynamic financial program including funding the national debt, assuming state debts, imposing customs and excise taxes, and establishing the Bank of the United States. Part of the deal to acquire passage of this multifaceted plan was the promise to establish the nation's capital in the south along the Potomac River. The most controversial component was the plan to establish a national bank. Hamilton argued that the Constitution gave the federal government implied, as well as, expressed powers and that the document could be interpreted loosely combining the specific powers and the "necessary and proper" clause. Opposition from Jefferson, and his followers, reflected the fears of a national government endlessly expanding power and embraced "strict construction"--the bank was not "necessary" merely convenient and went beyond the explicit powers.

Hamilton and Jefferson would begin to crystallize the arguments, at the Constitutional Convention and their opinions, into the foundation of two emerging political parties. Hamilton's nationalistic views would evolve into the Federalist Party espousing the belief that national power ensured liberty. Thus, the federal government must create a powerful commercial republic based on internal economic development, foreign trade, and a formidable navy to protect these interests. The emerging needs of a growing country would require the loose construction of the Constitution through the use of Article I, Section VIII, Clause 18--the "necessary and proper clause". Jefferson and the Democratic Republicans concerned with the possible abuse of central government, promoted a belief in states rights, the need for a bill of rights, and strict construction of the Constitution. Foreign policy would also serve as a point of contention.

Congress was also very active in exercising their powers. The Judiciary Act of 1789 established a Supreme Court

with a chief justice and five associate justices--How many justices comprise the Supreme Court today? This law also enabled the Supreme Court to rule on the constitutionality of decisions made by state courts. The act also made provisions for a system of thirteen district courts and three circuit courts of appeal. This same act was a crucial element of the case Marbury v. Madison. By 1791, the Bill of Rights had been approved by Congress and ratified by the states.

The textbook highlights most of the significant events of Washington's era. Issues of note included the Treaty of Greenville, The Whiskey Rebellion and the addition of Vermont and two "western" states to the union--Kentucky and Tennessee. From a foreign perspective, the French Revolution created a severe ideological and political division over foreign policy throughout the Federalist administrations. Basically the choice was whether to provide support to France, France's enemies or neither side. The extreme radicalism of the revolution seemed to temper the feeling that we "owed France for our successful struggle for independence. Washington established the tradition of a president articulating foreign policy with the Proclamation of Neutrality 1793. No doubt a very obvious policy based on the title!

In 1796, Washington retired as president and issued his Farewell Address of 1796 summarizing policies and actions he felt were dangerous to the young republic. Americans were warned to stay out of European affairs, avoid making permanent alliances, not to form political parties and to avoid sectionalism. WOW--talk about the Psychic Hotline--every issue returned to plague the United States at different points in history. In fact, many current events focus on political parties and treaties--just ask George W. Bush. President Washington's decision to leave office after two terms established a precedent followed by all his successors throughout the nineteenth century.

The election of 1796 witnessed the emergence of the two party system. The Federalists supported John Adams the vice president. The Democratic-Republicans embraced Thomas Jefferson. Adams won by three electoral votes. Jefferson received the second highest number of electoral votes and, due to the original Constitution (changed in 1804 by the 12th Amendment), he became Vice President--picture President George W. Bush and Vice President Al Gore! Adams' years in office were marked by problems with foreign policy and serious domestic disputes. The American response to the French Revolution and Anglo-French War split the country as Adams adhered to Washington's warning to avoid foreign entanglements. On the home front, the Federalists attempted to retain power and restrain criticism by passing the Alien and Sedition Acts. The item I wish to draw to your attention to is the basic statement that it was illegal for newspaper editors to criticize either the President or Congress and imposed significant fines or imprisonment for editors in violation. Imagine if this law was applied today and included comedians! This abusive law, which obviously seems to violate the first amendment, caused immediate dissension and discussion. Our response would be to appeal to the Supreme Court --unfortunately, judicial review would not be established until Marbury v. Madison (1803). We may witness this proposed response over some of the contents of various Homeland Security legislation--including the Patriot Act. James Madison wrote the Virginia Resolutions and Thomas Jefferson wrote the Kentucky Resolutions (anonymously) which were passed by the respective legislatures. Both resolutions declared that the states had entered into a compact in forming the national government, and if any act of the federal government broke the compact, a state could nullify the federal law. This argument, crafted by two of our founding fathers, would serve as the rationale for the nullification controversy in the 1830's and appear again in the 1850's.

During Adam's presidency, the Federalists lost popularity due to taxation policies, the Alien and Sedition Acts and foreign policy. Adam's became the first president to lose a bid for reelection. However, Jefferson's election in 1800 marked a momentous event in our history--the first peaceful transition of power from the ruling party to the elected party. An event we take for granted but is still non existent or questionable in many parts of the world today. As messy as the election of 2000 seemed to us, transition was smooth and expected--albeit not necessarily without the intercession of the Supreme Court. Also the Election of 1800 was the first election when a tie in the electoral college, between Jefferson and Burr, required that the House of Representative select the winner.

Our textbook offers a very comprehensive Online Student Learning Center. Click on the link below, Select the appropriate chapter and you will have access to: Chapter Objectives, Chapter in Perspective, Chapter Overview, numerous Interactive Activities, Primary Source documents and my favorite--Internet Exercises/Recommended Sites Related to the Specific Topics

http://highered.mcgraw-hill.com/sites/0072870982/student_view0/index.html

Folk Music of American History:  Music and Lyrics

(highly recommended music before, during or after reading cyberlectures!)

Additional Folk Music and Lyrics

 

 

 
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