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The Constitution (1781–1815)
Key People &
Terms
People
John Adams
A prominent Boston lawyer who first became famous for
defending the British soldiers accused of murdering five civilians
in the Boston Massacre. At the Continental Congresses,
Adams acted as a delegate from Massachusetts and rejected proposals
for self-governance within the British Empire. He served as vice
president to George Washington and then as president from 1797–1801.
Samuel Adams
A second cousin of John Adams and a failed Bostonian businessman who
became an ardent political activist in the years leading up to the Revolutionary
War. Samuel Adams organized the first Committee of Correspondence and
was a delegate to both Continental Congresses in 1774 and 1775.
Alexander Hamilton
A brilliant New York lawyer and statesman who, in his
early thirties, was one of the youngest delegates at the Constitutional
Convention in 1787.
An ardent Federalist, Hamilton supported the Constitution
during the ratification debates even though he actually believed
that the new document was still too weak. He helped write the Federalist
Papers, which are now regarded as some of the finest essays
on American government and republicanism. He served as the first
secretary of the treasury under George Washington and established
the first Bank of the United States.
William Henry Harrison
A former governor of Indiana Territory and brigadier general
in the U.S. Army who rose to national stardom when he defeated the Northwest
Confederacy at the Battle of Tippecanoe in 1811.
Harrison went on to be elected president in 1840.
Patrick Henry
A fiery radical who advocated rebellion against
the Crown in the years prior to the American Revolution, as in his
famous Give me liberty or give me death speech. Later, Henry was
a die-hard Anti-Federalist who initially opposed ratification
of the Constitution.
Andrew Jackson
A hero of the War of 1812 and
the Creek War who later entered the national political
arena and became president in 1829.
Jackson, nicknamed Old Hickory, was the first U.S. president to
come from a region west of the Appalachians.
John Jay
A coauthor of the Federalist Papers,
which attempted to convince Anti-Federalist New Yorkers to ratify
the Constitution. Jay served as the first Chief Justice of the Supreme
Court and became one of the most hated men in America after he negotiated Jay's Treaty with
Britain in 1794.
Thomas Jefferson
A Virginia planter and lawyer who in 1776 drafted
the Declaration of Independence, which justified American
independence from Britain. Jefferson went on to serve as the first
secretary of state under George Washington and as vice president
under John Adams. He then was elected president himself in 1800 and 1804.
James Madison
A Virginia Federalist who advocated for the ratification
of the Constitution, coauthored the Federalist Papers,
and sponsored the Bill of Rights in Congress. After
ratification, he supported southern and western agrarian interests
as a Democratic-Republican. After a brief retirement,
he reentered politics and was elected president in 1808 and 1812.
As president, Madison fought for U.S. shipping rights against
British and French aggression and led the country during the War
of 1812.
James Monroe
A Virginia officer, lawyer, and Democratic-Republican who
was elected president in 1816 and
inaugurated the Era of Good Feelings. An excellent administrator,
Monroe bolstered the federal government and supported internal improvements,
and was so popular in his first term that he ran uncontested in 1820.
The good feelings ended, however, during the Missouri Crisis that
split the United States along north-south lines. Monroe is most
famous for his 1823 Monroe
Doctrine, which warned European powers against interfering
in the Western Hemisphere.
Tecumseh
A member of the Shawnee tribe who, along with his brother Tenskwatawa (often
called the Prophet), organized many of the tribes in the Mississippi
Valley into the Northwest Confederacy to defend Native
American ancestral lands from white American settlers. Even though
the tribes had legal rights to their lands under the Indian
Intercourse Acts of the 1790s,
expansionist War Hawks in Congress argued the need for action against
Tecumseh, and eventually William Henry Harrison was
sent to wipe out the Confederacy. Tecumseh's forces were defeated
at the Battle of Tippecanoe in 1811.
George Washington
A Virginia planter and militia officer who led the attack
that initiated the French and Indian War in 1754.
Washington later became commander in chief of the American forces
during the American Revolution and first president
of the United States in 1789.
Although he lost many of the military battles he fought, his leadership
skills were unparalleled and were integral to the creation of the
United States. In his noteworthy Farewell Address,
Washington warned against factionalism and the formation of political
parties, believing they would split the nation irreparably.
Terms
Alien Acts
A group of acts passed in 1798,
designed to restrict the freedom of foreigners in the
United States and curtail the free press in anticipation of a war
with France. The Alien Acts lengthened the residency time required
for foreigners to become American citizens from five
years to fourteen years and gave the president the power to expel
aliens considered dangerous to the nation. It was passed simultaneously
with the Sedition Act, and together they provoked the Virginia
and Kentucky Resolutions, written the same year in protest.
These resolutions stated that individual states had the right to nullify
unconstitutional laws passed by Congress.
Annapolis Convention
A meeting of delegates from five states in Annapolis,
Maryland, in 1786 to
discuss the bleak commercial situation in the United States, growing
social unrest, and Congress's inability to resolve disputes among
the states. The conference dissolved when Alexander Hamilton proposed
holding the Constitutional Convention in Philadelphia the
next year to revise the Articles of Confederation.
Anti-Federalists
Primarily farmers and poorer Americans in the West, a
group that strongly opposed ratification of the Constitution.
The Anti-Federalists were suspicious of governments in general and
a strong central government in particular. Rather, they believed
that state legislatures should maintain sovereignty. Although they
eventually lost the ratification battle, their protests did encourage
the first Congress to attach the Bill of Rights to
the Constitution.
Articles of
Confederation
The first U.S. constitution, adopted in 1777 and
ratified in 1781. The
Articles established a national Congress in which each state in the
Union was granted one vote. Congress had the right to conduct foreign
affairs, maintain a military, govern western territories, and regulate
trade between states, but it could not levy taxes. Because most
states refused to finance the Congress adequately, the government
under the Articles was doomed to fail. After Shays's Rebellion in 1786–1787,
delegates met to discuss revising the Articles of Confederation,
which ultimately led to the drafting of the Constitution.
Bank of the United
States
A plan proposed by Alexander Hamilton for
a treasury for federal money funded by private investors. The Bank
sparked a debate between strict constructionists and loose
constructionists regarding interpretation of the Constitution.
Bill of Rights
The first ten amendments to the Constitution, sponsored
in Congress by James Madison, to guarantee basic freedoms
and liberties. The Bill of Rights protects freedoms of speech, press,
religion, assembly, and petition, and the rights to have trial by
jury, bear arms, and own property, among others. Moreover, the Ninth Amendment
states that the people have additional rights beyond those written
explicitly in the Constitution; the Tenth Amendment awards state
governments all the powers not granted to the federal government.
The promise of a Bill of Rights helped convince many Anti-Federalists to
ratify the new Constitution. Today, these rights are considered
fundamental American liberties.
Checks and Balances
A term referring to the overlapping of powers granted
to the three branches of government under the Constitution.
For example, Congress has the power to pass laws and regulate taxes,
but the president has the ability to veto, or nullify, those acts.
On the other hand, Congress may override a president's veto if two-thirds
of its members support the bill in question. The Supreme Court,
meanwhile, has the power to review all laws but must rely on the
president to enforce its decisions. The framers of the Constitution
included this system of checks and balances to prevent any one branch
of government from having too much power over the others.
Constitution
A 1787 document
that established the structure of the U.S. government, drafted at
the Constitutional Convention in Philadelphia by prominent
statesmen from twelve states (minus Rhode Island). Unlike
its predecessor, the Articles of Confederation, the
Constitution established a strong central government divided into
three separate but equal branches (legislative, executive, and judiciary).
This separation of powers, combined with a system of checks
and balances, was designed to prevent the new government
from becoming too strong and tyrannical.
Constitutional
Convention
A 1787 meeting
in Philadelphia in which delegates from twelve states convened to
revise the Articles of Confederation. The Convention
quickly decided that the Articles should be scrapped and replaced
with an entirely new document to create a stronger central government
binding the states. The result was the Constitution.
Declaration
of Independence
A document written by Thomas Jefferson in 1776 that
proclaimed the creation of the United States. The Declaration sets
forth a persuasive argument against King George III, claiming that
the king ruled the colonies poorly and unjustly. The document thus
served not merely as a declaration but also as a rational justification
for breaking away from Britain.
Democratic-Republicans
Successors of the Anti-Federalists who formed
a party under Thomas Jefferson's leadership during
Washington's and Adams's presidencies. The Democratic-Republicans
generally favored westward expansion, the formation of an agrarian
republic, and an alliance with France, and were strict constructionists and
advocates of states' rights. Political battles between
the Democratic-Republicans and the Federalists were frequent during
the first years of the nineteenth century. Though the Federalist
Party died out during the War of 1812, the
Democratic-Republicans lived on during the Era of Good Feelilngs
and eventually became the Democratic party.
Elastic Clause
A nickname for Article I, Section VIII, Paragraph 18 of
the Constitution, which states that Congress has the
power to make all laws which shall be necessary and proper to
carry out its proscribed duties. Alexander Hamilton and
the Federalists interpreted this clause to mean that
the Constitution allows everything it does not expressly forbid,
and used it to justify the creation of the Bank of the United
States. George Washington agreed, and the clause
has since given presidents and Congress ample justification for
expanding federal power. The clause has been dubbed elastic because
it gives federal policymakers great flexibility when drafting laws.
Electoral College
A body of representatives appointed by states
to cast their votes for president. The presidential candidate who
receives the most Electoral College votes, regardless of how many
popular votes he or she receives, becomes president. The framers
of the Constitution created the Electoral College out
of fear that the whimsical American masses might one day popularly
elect someone unfit for the presidency.
Excise Tax of 1791
A liquor tax proposed by Alexander Hamilton in 1790 to
raise revenue so that Congress could pay off all national and state
debts. The excise tax was immensely unpopular with western farmers,
whose protests eventually culminated in the Whiskey Rebellion of 1794.
The Federalist Papers
A series of eighty-five articles written by James
Madison, Alexander Hamilton, and John
Jay in 1787–1788 to
convince New Yorkers to ratify the Constitution. The
Federalist Papers are now regarded as some of the finest essays
on the Constitution, American government, and republicanism.
Federalists
Primarily from the wealthier and propertied classes of
Americans along the eastern seaboard, a group that supported ratification
of the Constitution and creation of a strong
central government. The Federalists eventually became a full-fledged
political party under the leadership of John Adams and Alexander
Hamilton. Adams was the first and only Federalist president, as
the party died after Federalist delegates from the Hartford
Convention protested the War of 1812 and
were labeled traitors.
Great Compromise
An agreement between the large and small states at the Constitutional
Convention of 1787 to
create a bicameral (two-house) Congress with one chamber
of delegates assigned based on population (the House of Representatives)
and another chamber in which all states had two representatives
regardless of population (the Senate). The agreement
ended the deadlock among the states and set a precedent for compromise
in American politics.
Hartford Convention
An 1814–1815 meeting
of delegates from five New England states in Hartford, Connecticut,
to discuss possible secession from the Union due to discontent with
the War of 1812.
The delegates ultimately decided to remain in the Union but sent
a petition to Congress, requesting amendments to the Constitution in
order to alter the office of the presidency and to change the distribution
and powers of Congress. None of their demands were met, however,
because the petition arrived at Congress during celebrations over Andrew Jackson's
victory at the Battle of New Orleans and the signing
of the Treaty of Ghent. Nonetheless, the convention
demonstrated the sectional nature of the war and the growing differences
between the North and the South.
Indian Intercourse
Acts
A series of acts passed in the 1790s
that attempted to smooth relations between the United States and
Native American tribes along the western frontier. The act attempted
to regulate trade between these groups and promised that the United
States would acquire western lands only via treaties. Most American
settlers ignored this bill, which produced bloody clashes between
tribes and settlers.
Judiciary Act of
1789
The first act that Congress passed, which created the
tiered U.S. federal court system. The Supreme Court, under Chief
Justice John Jay, was at the head of the court system,
supported by three circuit courts and thirteen district courts.
Even though the Judiciary Act strengthened federal judicial power,
it also upheld local and state courts by stipulating that most cases
heard in federal courts would be appeals cases.
Land Ordinance of
1785
An ordinance passed by the national Congress under the Articles
of Confederation that established an efficient system to
survey and auction lands west of the Appalachian Mountains.
Loose Constructionists
People such as Alexander Hamilton, who
believed that the Constitution allowed the government
to take any actions that were not expressly forbidden in the document.
The loose constructionists' interpretation was challenged by Thomas
Jefferson and other strict constructionists, who believed
that the Constitution must be read literally.
Macon's Bill No. 2
An 1810 bill
that restored U.S. commerce with Britain and France (after their
interruption under the Embargo Act and Non-Intercourse Act)
but threatened to revive the terms of the Non-Intercourse Act if either
country failed to respect U.S. neutrality and shipping rights.
New Jersey Plan
Also known as the small state plan, a proposal
at the 1787 Constitutional
Convention to create a unicameral (single-house) legislature in
which all states would be equally represented. The New Jersey plan
appealed to smaller states but not to more populous states, which
backed the Virginia Plan to create a bicameral legislature
in which representatives were apportioned by population. The Great Compromise solved
the dilemma by creating a bicameral Congress featuring one house
with proportional representation and another with equal representation.
Non-Intercourse Act
An 1809 act
that replaced the ineffective Embargo Act in an attempt to
revive the faltering American economy by boosting U.S. exports. The
Non-Intercourse Act banned trade only with France and Britain (unlike
the Embargo Act, which banned exports completely) until both nations
agreed to respect American sovereignty. When this bill also failed,
Congress passed Macon's Bill No. 2.
Northwest Confederacy
A confederation of Native American tribes in the Mississippi
Valley, led by Tecumseh and his brother, for mutual defense against
white settlers. Although the tribes of the Northwest Confederacy
had legal rights to their lands under the Indian Intercourse
Acts of the 1790s, expansionist
War Hawks in Congress nonetheless prevailed, and William Henry
Harrison was sent to wipe out the Confederacy. Tecumseh's
forces were defeated at the Battle of Tippecanoe in 1811.
Northwest Ordinance
of 1787
A framework passed by the national Congress under the Articles
of Confederation to decide which western U.S. territories
(Ohio, Michigan, Wisconsin, Illinois, and Indiana) could become
states. Because the ordinance also abolished slavery and established
basic civil liberties (trial by jury, freedom of religion) in the
Northwest Territory, it is often seen as an important first step
toward the creation of the Bill of Rights.
Second Continental
Congress
A meeting of colonial delegates that convened in different
places from 1775 to 1789 to
establish a new U.S. government after declaring independence from
Britain. In 1777,
the Congress drafted the Articles of Confederation as
the first U.S. constitution.
Sedition Act
A 1798 act
(passed simultaneously with the Alien Acts) that banned all
forms of public expression critical of the president or
Congress. President John Adams approved the act, fearing the influence
of French immigrants in the United States and also hoping the free
speech ban would harm his political opponents, the Democratic-Republicans.
Ironically, the act only made the opposition party stronger. Thomas
Jefferson and James Madison wrote the Virginia and Kentucky
Resolutions the same year in protest, arguing that individual
states had the right to nullify unconstitutional laws passed by
Congress.
Separation of Powers
A term referring to the fact that each of the three branches
in the American federal government has separate and distinct powers.
The legislative branch, for example, has the sole ability
to propose and pass laws, while the executive branch
has the power to enforce those laws, and the judiciary the
power to review them. The writers of the Constitution separated
these powers to prevent any one part of the new government from
becoming too powerful.
Shays's Rebellion
A 1786–1787 revolt
by western Massachusetts farmer Daniel Shays, who led 1,200 other
men in an attack on the federal arsenal at Springfield, Massachusetts.
Shays and others like him throughout the United States were dissatisfied
with the ineptitude of state legislatures during the economic depression
after the American Revolution. Shays's Rebellion and other revolts
spurred leading Americans to meet and discuss revising the Articles
of Confederation.
Strict Constructionists
People such as Thomas Jefferson who believed
that the Constitution forbade the government to take any
actions that it did not expressly permit. The strict constructionists'
interpretation was challenged by Alexander Hamilton and other loose
constructionists, who believed that the Constitution allowed
the government many implied powers.
Three-Fifths Clause
A nickname for Article I, Section II, Paragraph 3 of
the Constitution, which states that representation in the House
of Representatives is determined by counting all free persons and
three-fifths of all other persons, or slaves. The three-fifths
clause was created as part of the Great Compromise between
states with few slaves and those with many slaves.
Treaty of Ghent
The December 1814 treaty
that ended the War of 1812 between
Britain and the United States. The treaty stated that the war had
ended in a stalemate and that neither side had gained or lost any
territory. Ironically, the Battle of New Orleansthe
greatest American victory in the warwas fought about two weeks
after the treaty had been signed, as General Andrew Jackson had
not gotten word of the war's end.
Virginia
and Kentucky Resolutions
Two resolutions, passed in 1798–1799 and
written by Thomas Jefferson and James Madison,
that declared that the individual states had the right to nullify
unconstitutional acts of Congress. The resolutions stated that because
the individual states had created the Union, they also reserved
the right to nullify any legislation that ran counter to their interests.
Virginia Dynasty
A nickname that arose because four of the first five presidents (Washington,
Jefferson, Madison, and Monroe) all hailed from Virginia. Many northern
states resented this fact, as demonstrated by the Hartford
Convention's 1814 request
that presidents should not come from the same state as their predecessor.
Virginia Plan
Also known as the large state plan, a proposal
at the 1787 Constitutional
Convention to create a bicameral (two-house)
legislature in which delegates would be appointed according to the
population of the state they represented. Large states with greater
populations supported this plan, unlike small states, which backed
the New Jersey Plan to create a unicameral legislature
in which all states were equally represented. The Great Compromise solved
the dilemma by creating a bicameral Congress featuring one house
with proportional representation and another with equal representation.
War Hawks
A younger generation of statesmen, primarily
from the West and South, who replaced the Founding Fathers in the
first decade of the 1800s.
The War Hawks favored westward expansion and a nationalist agenda
and thus encouraged war against both the Northwest Confederacy and
against Britain (in the War of 1812).
Despite their early zeal, many War Hawks, such as Henry Clay,
eventually settled down to become some of the most revered statesmen
in American history.
XYZ Affair
A bribery scandal that caused public uproar during the
Adams administration in 1798.
After several naval skirmishes and French seizures of American merchant
ships, Adams sent ambassadors to Paris to try to normalize relations.
When the emissaries arrived, however, French officials demanded
$250,000 before
they would even speak with the Americans, let alone guarantee a
truce. These officials, whom Adams dubbed X, Y, and Z, outraged
Congress and the American public. Adams's popularity skyrocketed,
and Congress braced for war. Although no war declaration was ever
made, the United States and France waged undeclared naval warfare
in the Atlantic for several years.
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