evidence of God's hand in establishing this great nation.
A Nation of Laws Chapter 4
(APHOUS refers to A Patriot’s History of the United States)
Here are the study guide questions for this week. What these men must have gone through with no precedence on setting up a new government! Again... evidence of God's hand.
1. The "American Experiment" began with setting up a new government. What obstacles did the Whigs face? There was no precedence. No nation on earth had ever had elected leaders, over half the entire population was under sixteen years of age. Rapid growth required some sort of central government.
2. What were the advantages the Whigs had in their favor? They were already governing themselves, they had ingenuity, ideas, excitement, faith. They wanted to abolish slavery.
3. Though they had many differences, they were in total agreement on what kind of government for the infant nation? NO kings! abolish all stale unwritten laws that ruled elitist governments of the past.
4. What were some common beliefs about government that the Whigs identified with? That government should regulate as few aspects of our lives as are absolutely necessary. People sustain a military and keep and bear firearms, "Due Process" (trial by jury), habeas corpus; opposition to cruel and unusual punishment, and other freedoms such as speech, petition, assembly, and religion, and freedom of the press. Localism, egalitarianism, libertarianism, expressed through written constitutions, and constrained by separation of power, legislative dominance, and direct representation. Sam Adams,
"Jealousy is the best security of publick Liberty."5. What was the chaos that took place shortly after the Revolutionary War? Disagreements over how this new government should be set up. Shays' Rebellion; a backlash to the Articles of Confederation which proved to have serious flaws. There was no president or any other independent executive, nor was there a federal judicial branch. Congress, the legislature, was the only branch of government. Members elected to congress did not vote as individuals, but as states. While congress did have some powers, it could not enforce its laws on the states or the people. States were permitted to coin their own money. There was no regulation of commerce between the states and states could even enter into treaties with foreign nations and declare war, with the consent of Congress. Congress could not tax the states or the people, it could only request funds to run the government.( That would be awesome!) The Articles created a confederation of independent states, not a nation. Under the Constitution, the balance of power shifted to the federal government. Hamilton felt that the best solution was an aristocratic, strongly centralized, coercive, but representative union, with devices to give weight to the influence of class and property. Hamilton felt that there was too much democracy that "The people is a great beast!"
*Why did the Articles of Confederation fail? Nationalists led by George Washington and Alexander Hamilton felt that the Articles lacked the necessary provisions for a sufficiently effective government. There was no president or executive agencies or judiciary. There was no tax base. There was no way to pay off state and national debts from the war years. In 1788, with the approval of Congress, the Articles were replaced by the United States Constitution and the new government began operations in 1789[2]. Under the articles, any decision had to be unanimous (they never were) and the states could decide on their own how much money to send to the Federal Government. Any army that the nation needed had to be drawn from the state militias, and each state determined what to send in the case of any hostilities.
6. How did the statement "separation of church and state" evolve? First appeared in a letter from Thomas Jefferson http://en.wikipedia.org/wiki/Separation_of_church_and_state . Many religions complained that Jefferson's Virginia Sabbath law and ordinances sanctioning public days of prayer and fasting, etc. were unfair and "unfairly bound church and state." Everyone read and interpreted the bible for himself. They finally came to the conclusion that what mattered most was salvation and "right" living and not the actual structure of religion. The American Revolution had pushed American Christianity into evangelicism based on republicanism. Even de Tocqueville stated that in America, religion was "indispensable to the maintenance of the republican institutions" because it facilitated free institutions. Eventually, however, there was so much division in specific belief that America ceased to be a "godly" nation and became a "good" nation. Originally it meant “Freedom to worship, not freedom from worship.”This statement NEVER was part of the U.S. Constitution (APHOUS pg. 97-98.
7. So what Christian tenets did the religions basically agree on: The Ten Commandments, pray in schools and public functions, and that even if a public figure didn't ascribe to a particular faith, he was expected to act like a good Christian. (APHOUS pg. 98)
8. With all the movement west, what new headaches did Congress face? How to handle allotment of public lands, Indian policies, diplomacy with Spain and Britain. Lingering problem of public domainhttp://en.wikipedia.org/wiki/Public_domain: landed states with sea-to-sea land claims finally relinquished to the nation. Articles of Confederation were finally ratified which allowed gradual democratization of western territories.
9. What was the Northwest Ordinance? What critical components did it stipulate?
How did it affect slavery? Northwest Ordinance - (replaced Jefferson's "Ordinance of 1784.") It designated how the newly acquired land would be divided into states and how they would sell to individuals. Jefferson wanted to provide free or cheap land to people and keep it out of the hands of the government. By 1785 he had left congress and Congress wanted to increase price to gain revenue. They divided several thousand townships into thirty-six 640 acre sections. Unfortunately, squatters (which was a legal way to get land) and speculators got there before the government could. This led to the Homestead Act 1862 which provided cheap and scientifically surveyed land with a valid title. Upon reaching population of 5,000 the landholding white male citizens could elect a legislature and a nonvoting congressional rep. Congress wrote a bill of rights and that no slavery or involuntary servitude would be permitted north of the Ohio River. Opponents raised the question of validity - is slavery a state or fed issue?
Dred Scott . A black man who had been freed and living in non-slave state, moved back to slave state and appealed to government for his freedom. The judge said that blacks would "never be allowed full citizenship in America" and would not allow his freedom. Frederick Douglass, however, exclaimed that he was happy that slavery was now brought in to the forefront of discussion.
* Territorial system: when a potential state achieved a population of sixty thousand - citizens were to draft a constitution and apply to Congress for admission to the federal union
*Southwest Ordinance 1791 - similar to Northwest except for slavery issue.
10. How did the Nationalists feel about term limits and frequent elections? Disagreed because they felt that strong leaders could not be developed unless they could remain in office longer.
*Americans still being bullied by Britain, Spain. John Jay and
Spanish de Gardoqui Treaty The Jay–Gardoqui Treaty (also known as the Liberty Treaty with Spain) of 1786 between the United States and Spain guaranteed Spain's exclusive right to navigate the Mississippi River for 25 years. It also opened Spain's European and West Indian seaports to American shipping. However, the Treaty was not ratified under the Articles of Confederation.
11. The Nationalists, and others, called for a new meeting of representatives of all thirteen states to occur in Philadelphia (Constitutional Convention) in the spring of 1787. Why? To “fix” the Articles of Confederation. They felt that the states had way too much individual power. They wanted them replaced with a document that had a more central government.
12. How did Shays' Rebellion contribute to the failure of the Articles of Confederation? Shays' Rebellion was an armed uprising in central and western Massachusetts (mainly Springfield) from 1786 to 1787. The rebellion is named after Daniel Shays, a veteran of the American Revolution who led the rebels, known as "Shaysites" or "Regulators". Most of Shays' compatriots were poor farmers angered by crushing debt and taxes. Failure to repay such debts often resulted in imprisonment in debtor's prisons or the claiming of property by the government… Seeking debt relief through the issuance of paper currency and lower taxes, they attempted to prevent the courts from seizing property from indebted farmers by forcing the closure of courts in western Massachusetts. The rebellion started on August 29, 1786, and by January 1787, over 1000 Shaysites had been arrested. A militia that had been raised as a private army defeated an attack on the federal Springfield Armory by the main Shaysite force on February 3, 1787. There was a lack of an institutional response to the uprising, which energized calls to reevaluate the Articles of Confederation and gave strong impetus to the Philadelphia Convention which began in May 17, 1787. Shays' Rebellion produced fears that the Revolution’s democratic impulse had gotten out of hand.What three revolutionary goals did the Nationalists have to replace the Articles of Confederation? The Nationalists argued that a stronger federal government could have prevented this anarchy, Congress should be granted more war powers, more taxation and regulatory powers of the Confederation congress.
13. Describe the Virginia Plan. Developed by the Nationalists to replace the Articles of Confederation with a powerful republican government, no state sovereignty, three viable branches of government.
14. How has the issue of slavery evolved to this point (late 1700's)? It's become a real divisive issue. Should they be counted as three-fifths a human? Would it just "go away"? What happens when a freed slave enters a slave state? Is a slave free if he escapes to a free state?
15. Who was Elbridge Gerry and what is his significance to slavery and elections? Later famous for gerrymandering, the creative shaping legislative districts for political gain
16. What did Franklin mean when he told an inquiring woman what kind of government they had. "A republic madam, if you can keep it"? That a republic requires a free and honest people. Only those who could govern themselves righteously can maintain a republican government.
17. How did the new federalism define the three branches of government? Separation of three branches of government: state, local, national with state sovereignty but that federal law is supreme.
18. What is entailed in Article I of the Constitution? Most complex section. Defines Congress: House reps. 25 years old minimum, Voted on proportionately to state’s census figures with 2 year terms with perpetual reelection, hold the “purse” propose tax and revenue legislation later passed by the Senate. Senate members: 30 year old minimum, Each state elect two senators for two 6 year terms and perpetual reelection, approval of all presidential appointees, BOTH houses must agree on declaring war and on removal of a president, senators acting as jurors.
Article Two: created first-ever executive (president) elected indirectly by an electoral college (a shield against direct democracy and the domination of large population centers), the president serves 4 years and then may be reelected for one more term. He can appoint all executive officials and federal judges with the approval of the Senate. He is the architect of all foreign policy. If American presidents have aggrandized their power, it is largely because Congress, the courts, and most of all, the people, have willingly tolerated unconstitutional leeway. We do not want to think of our elected leaders as “crooks” so we turn a blind eye.
Article Three? outlined a first-ever national judiciary which would have jurisdiction over all federal and state judges
Four: All states coming into the union held equal status with original 13.
Five: The amendment process
Six: laws of the Congress are the “supreme law of the land.”
Seven: Must have at least 9 states to ratify constitution.
Eight: Designates Congress as the “supreme law of the land.”
19. Describe the ratification process. Each state to have a ratification convention. “They portrayed the special ratifying conventions as the best means of voicing the direct will of the people, and did this while studiously avoiding both a direct democratic vote and circumventing established elected bodies that stood against them. Their strategy was nothing less than a political tour de force.” Hey!! Is this the birth of American propaganda?(APHOUS pg. 119)
20. What were the Federalist Papers? The Federalist Papers is a treatise on free government in peace and security. It is the outstanding American contribution to the literature on constitutional democracy and federalism, a classic of Western political thought. It is, by far, the most authoritative text concerning the interpretation of the American Constitution and an insight into the framer's intent in the constitution and specific issues that he will address in the Federalist Papers, namely, political prosperity and the Constitution; the inadequacy of the present government to preserve the union, the necessity of a strong and energetic government, the Constitution and its relationship to republican principles of government; the similarity of the proposed Constitution to New York state constitution; and the protection of liberty and property under the proposed government. In addition, he is also attempting to effectively answer serious arguments brought against ratification. Who were the authors? James Madison, Alexander Hamilton, and John Jay. “…They demanded that people inform themselves and take a side, rather than sliding listlessly into murky situations they did not choose to understand out of laziness.”(APHOUS Pg. 122)
21. What happened to the Anti-Federalists?” Lacked economic resources, organizational skill, and political vision to win a national struggle. Media was in the Federalist camp. Their propaganda proved successful when Virginians read false Federalist newspaper reports that New York had ratified on the eve of their own state’s narrow vote.
Anti-Federalists focused rather narrowly on localism and state’s rights. After the election, which demanded a stronger national government, the Anti-Federalists developed “strict construction” of the constitution to maintain state sovereignty.
22. What does the First Amendment state? Following ratification, both parties set to work to draft amendments. Madison changed from Federalist to Anti-Federalist and drafted “A Bill of Rights”. Of the twelve submitted, ten were passed. These included: speech, press, petition, assembly, and religion – freedom of expression. The AF were afraid of oppression from a strong government and wanted to ensure that opposing voices would not be silenced.
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