Ratification
People divided into 2 groups:
Federalists – in favour of strong central government. they were supported by G Washington and B Franklin, believed that const was good, but they gave a promise maybe it needed bill of rights. Alexander Hamilton – the Federalism Papers (explained to the nation all paragraphs of the const. gave meaning of every phrases, it`s still used by judges + explained the system of checks and balances).
Antifederalists – against strong central government. The maim argument – that constitution had no fundamental rights (government didn’t guaranteed freedom). The constitutional failing to protect individual liberties.
THE YOUNG REPUBLIC (1789-1814)
PLAN
-New Government and the bill of rights
-National difficulties under Washington and Adams
-Policies under Jefferson and Madion
NEW GOVERNMENT
9/13 states
Forming the federal government
Election of the president – 4 feb 1789 (Washington was elected unanimous)
Actives in congress (president needed consultation):
creating departments for the executive branch of government (dep of War, Treasury, dep of State)
passing the judiciary act of 1789 – there were federal courts in every state, district courts and the supreme court (6 people)
approving the bill of rights (proposed in 1789 – 12 amendments. Ratified in 1791 – only 10 amendments)
BILL OF RIGHTS
Am1 – freedom of religion, freedom of speech, of the press, right to peaceable assemble, rights to petition to government. Consists from negative rights – the rights which government can`t interfere (the government is limited).
Am2 – right of people to keep and bear arms shall not be infringed.
Am3 – protects people against the quartering of soldiers. (today it plays no role)
Am4 – right to private life, NO unreasonable searches, no Warrants shall issue, no unreasonable arrest.
Am5 – no person should be trailed twice for the same crime, protection against self incrimination, guaranteed due process of law, guaranteed compensation if the private property was taken to the government (police took your car).
Am6 – speedy and public trial in criminal cases by the impartial jury, should know about habeas corpus, should know who confronted against him, to have compulsory process for obtaining witnesses in his favour.
Am7 – in civil cases which cost more than 20 dollars – right to trial by jury.
Am8 – NO excessive bail, humane punishment.
Am9 – constitution shouldn`t denied old rights of people (there were people`s rules + const)
Am10 – powers, which don’t belong to federal government, belongs to states or people.
NATIONAL DIFFICULTIES UNDER WASHINGTON AND ADAMS.
Washington – 1789-1797 didn’t want to became a president. After 2 срок he refused to ruled for the 3 time.
He decided everything by himself – active president, introduced tradition – to come to congress with speech and discuss all international agreements with congress, but then made another tradition to осбуждал agreement by himself and when congress ratified it.
ECONOMIC DIFFICULTIES AND SOLUTIONS
America had no money, they borrowed from other countries. When Washington came to power he understood it, other countries didn’t want to gave more money. Solution was given by Alexander Hamilton created economic recovery plan. Decided to recognise and unite both debts (national debt and debts of states). But northern states, which didn’t have debts, didn’t want to pay. Then he decided to create a bank of the united states (responsible for national currency итд), but congress declared that bank couldn’t be created, because in the text of the const wasn’t written that government could do it, so he made a doctrine where powers of the const were divided into 2 groups: express powers (can find in the text of const), implied powers (can`t include everything you want in the const, that is why there were some powers
Which weren’t written, but they were in America`s life), so bank was created. 3. Protection of national industries, wanted to make American people to buy America`s goods – made big import and export taxes, but people didn’t like it, because British government did the same, ut was the first event that shown that government could be dangerous.
FIRST PARTY SYSTEM
Washington was against it, want all polititon to work together.
But appeared 2 parties
FEDERALISTS – Hamilton and John Adams. Want strong central government. Wanted to improve trade and industry. Wanted Banking system. In foreign policy – believe that Englang is the best allay (because of language). They were popular in the North.
REPUBLICANS – Thomas Jefferson and James Madison. Respect rights of the states` rights. Wanted to developed agriculture. Thought that banks were dangerous, `cause it led to strong government. Thought that the best allay is France. Were popular in the South.
Federalists had more supports at first, but then no.
CAUSES OF THE DELINE OF FEREALIST VIEWS
Refusal to support the French Revolution (1793), because America was weak.
Rebellion of farmers in Pennsylvania (because of high tax on whisky) (1794)
Conflict with Britain – about territories near Canada, Britain started to occupate it and started attacted American`s ships. After it John Jay signed the agreement with Britan, but he was criticized to it `cause he didn’t take any compensation from Britain