THE UNITED STATES OF

AMERICA

1789 - 1807

• "As the first of everything in our situation will serve to establish a precedent…it is devoutly wished on my part, that these precedents may be fixed on true principles.”

• George Washington

First United States Congress• Judiciary Act of 1789– Established federal court system with 13 district

court, 3 circuit courts, and a Supreme Court.• No need to write this: • A clause granting the Supreme Court the power to issue writs of

mandamus outside its appellate jurisdiction was declared unconstitutional– Writ of Mandamus - order that is issued from a court of

superior jurisdiction that commands an inferior tribunal, corporation, municipal corporation, or individual to perform, or refrain from performing, a particular act

• Bill of Rights (1791)• Whiskey Act (1791)

ALEXANDER HAMILTON’S FINANCIAL PROGRAM

• Gov needed to expand role to direct economy– 1790 Congress adopted Hamilton’s plan– National Gov will take on debt of states acquired

during revolution

• Southern states did not like this– Deal was made. – South accepts plan & Nation’s Capital is moved to

south.

• Hamilton turned State debt into long term investment in the U.S.

• Establishment of a National Bank• Hamilton asked Congress to establish a Bank

of the United States– To be a depository of federal funds &– Be able to issue sound paper money

• Washington was hesitant to sign the bill– He asked both Jefferson

& Hamilton for the constitutionality of the Banks creation

• Article 1, Section 8, Clause 18– The Elastic Clause (The Necessary and Proper Clause)

• The Congress shall have Power ... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Was the establishment of a national bank constitutional?

Alexander Hamilton

• Hamilton argued that use of the Elastic Clause was constitutional– Claimed “necessary” meant

needful or useful.– Stated a national bank was

necessary for carrying out the nations financial functions

Thomas Jefferson

• Jefferson argued that it was NOT constitutional– Claimed it was not listed in

the enumerated powers– Could not be implied from the

wording of “elastic clause”• Stated that the word

“necessary” did not mean “convenient.”

Washington as an Executive

• International– 1793 Washington issue a Proclamation of Neutrality to

avoid conflict with Britain & France.

• Domestic– The Whiskey Rebellion 1794

• People refuse to pay tax on whiskey• Attacked tax collectors• Washington sent 12,000 troops to western PA• This demonstrated the power of the new government• The Rebellion was stopped.

• JAY’S TREATY 1795– American agreement with Britain – Sides America with Britain over France– Extreme Controversy• Britain still stopped American ships• Sell-out to hated British

• WASHINGTON’S FAIRWELL ADDRESS– Advised to steer clear of political parties &

warned against forming permanent alliances.

• Warned of the "continual mischiefs of the spirit of party" making it the "interest and duty of a wise people to discourage and restrain it." • In other words, he cautioned against the dangers of

political parties.

• He favored temporary or non-entangling alliances only

• JOHN ADAMS – 2nd President– Still has the problem of Britain/France

• XYZ Affair– French seized U.S. ships– Adams send diplomat to France– Secret Agents demand money in order to meet with foreign

minister– American diplomats refuse– Public patriotism at home called for war with France– America & France began shooting & seizing each other’s ships.

• The Alien and Sedition Acts– President could deport citizens & imprison citizens of

other countries residing in U.S.– Jail people for speaking out, or writing anything against

the government.• This was aimed at political rivals

• Virginia & Kentucky Resolutions– Jefferson & Madison believed Sedition Act violated

Constitution– If state found a law in violation of the Constitution, it

could declare it “null & void.”

• Revolution of 1800 (Election of Thomas Jefferson for President.) – Federalist ceded power to the Democratic-

Republicans entirely without violence. This proved that the new nation would survive.

• Adam’s midnight judges– Appoints New Chief Justice & 42 others to lower

courts

• Judicial Review – Supreme Court’s power to determine if statutes violate the Constitution.

• Marbury vs. Madison • Issue - Could congress expand original jurisdiction of the Supreme Court.

Can the Supreme Court give an order to the President?

• Facts: Thomas Jefferson would not allow Secretary of State James Madison to deliver the appointments for federal judges made by John Adams. William Marbury sued in federal court to force the Secretary of State to make the delivery.

• Court decides for Madison b/c it could not over-step its bounds and give order to the President. It further went to rule that the section of the Judiciary Act of 1789, which gave such a power to the Court was unconstitutional.

• Even though the Court felt that Jefferson should honor the appointments, it could not over-step its bounds

• Jefferson comes to power– Reduce the size of Federal government– Deemphasize industry in favor of an agrarian

culture– Disbanded military– Repealed almost all taxes - Except when selling

Fed land

• The Louisiana Purchase 1803– Thomas Jefferson authorized the purchase of the

Louisiana Territory even though constitutionally he had no authorization to do so.• Sent Robert Livingston to France to Purchase New Orleans

for $10 million

– Napoleon offers all of Louisiana Territory for $15 million• Livingston accepts and signs treaty.

– Thomas Jefferson was a strict constructionist – which means he follows the Constitution without making inferences. Inferring is what loose constructionist do.

– He ignored his own belief in order to make the Louisiana Purchase.

• 1803 Jefferson asked Congress to fund exploratory expedition of the Pacific Northwest– Lewis & Clark were chosen

• Led the Corps of Discovery

• Embargo Act 1807– Prohibited trade with Europe– A reaction to the seizing of American ships by the

British & French• The British also forced Americans from seized ships into

military service (policy of impressment)

– The Act crippled the American economy far more than it hurt Britain & France.

Hamilton was shot in a duel with Vice President Aaron Burr July 11, 1804. He died the following day.