Download “To institute new government…”

The Bill of Rights
• The promise of a Bill of Rights allowed many
Americans to accept the new Constitution as their
formal system of government
• Therefore, James Madison had to follow through on
his promise
The Bill of Rights
• Madison largely based his ideas on two documents:
– Virginia Declaration of Rights:
• Written by George Mason
– Virginia Statue for Religious Freedom:
• Written by Thomas Jefferson
Declaration of Rights
• Written by George Mason
• Outlined his ideas of
natural liberties that could
not be violated by state
government.
• Wrote his document 1
month prior to Jefferson
writing the Declaration of
Independence.
Statute for Religious Freedom
• Written by Thomas Jefferson
• Believed in the separation of
Church and State
– Jefferson wrote, “that to
compel a man to furnish
contributions of money for
the propagation of opinions
which he disbelieves, is
sinful and tyrannical.”
“To institute new government…”
• Jefferson’s Statute
firmly declared the total
freedom of religion and
denied government the
right to make it
compulsory. Jefferson
later wrote in Notes on
the State of Virginia, “it
does me no injury for my
neighbor to say there are
twenty gods or no God. It
neither picks my pocket
nor breaks my leg.”
“To institute new government…”
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Madison’s Bill of Rights was written as a series of ten
amendments that were added to the national Constitution by
a 2/3rds vote in both houses of Congress. The First
Amendment reflected the influence of both Mason and
Jefferson
“To institute new government…”
6) The Bill of Rights – the first 10 amendments
to the U.S. Constitution
“To institute new government…”
• 1st Amendment – The rights of religious freedom,
speech, press, assembly, and petition. “Congress
shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or
the right of the people peaceably to assemble, and to
petition the Government for a redress of grievances.”
“To institute new government…”
• 2nd Amendment –The right to maintain a state
militia, the right to bear arms. “A well regulated
Militia, being necessary to the security of a free State,
the right of the People to keep and bear Arms, shall not
be infringed.”
“To institute new government…”
• 3rd Amendment – Protection from the quartering of
troops in private homes. “No Soldier shall, in time of
peace be quartered in any house, without the consent of
the Owner, nor in time of war, but in a manner to be
prescribed by law.”
“To institute new government…”
• 4th Amendment – Protection from unreasonable search
and seizure. “The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no Warrants
shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.”
“To institute new government…”
• 5th Amendment – The right of due process of law, and
protection against double jeopardy, self-incrimination, and
eminent domain. “No person shall be held to answer for any
capital, or otherwise infamous crime, unless on a presentment or
indictment of a Grand Jury;… nor shall any person be subject for
the same offence to be twice put in jeopardy of life or limb; nor
shall be compelled in any criminal case to be a witness against
himself, nor be deprived of life, liberty, or property, without due
process of law; nor shall private property be taken for public use,
without just compensation.”
“To institute new government…”
• 6th Amendment – Rights of the accused, rights to counsel,
and guarantee of a speedy trial by jury (criminal law). “In all
criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and
district where in the crime shall have been committed, which
district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be
confronted with the witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defense.”
“To institute new government…”
W. Marbury
J. Madison
• 7th Amendment – Guarantee of civil trial by jury (civil law).
“In suits at common law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be
preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to
the rules of the common law.”
“To institute new government…”
• 8th Amendment – Protection from excessive bail
and cruel and unusual punishment. “Excessive bail
shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted.”
“To institute new government…”
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9
• 9th Amendment – Protection
of rights not specifically
enumerated in the Bill of
Rights. “The enumeration in
the Constitution, of certain
rights, shall not be construed to
deny or disparage others
retained by the people.”
Madison included the Ninth
Amendment to prevent any
unanticipated governmental
abuses by stating that the
mere listing of rights was not
intended to imply that there
were not other liberties that
were also held by the people.
“To institute new government…”
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10
•10th Amendment – “Reserved Powers” for the states and the
people. “The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the
States respectively, or to the people.” Madison agreed with Hamilton
that the national government required greater strength, but he
also shared Jefferson’s fears of centralized authority. To further
strengthen the role of states, the 10th Amendment stated that all
powers not explicitly delegated to the federal government would
be reserved for the states or the people.
“To institute new government…”
John Jay
Aside from passing the Bill of Rights, the first
Congress also passed the necessary legislation to
establish the Supreme Court and the federal court
system. Federalist New Yorker, John Jay was
appointed to be the first Chief Justice of the
Supreme Court.
“To institute new government…”
8) The respected George Washington was the logical choice
for the first President in 1789. As a reflection of his
immense prestige and popularity, he was honored with a
unanimous vote in the Electoral College.
“To institute new government…”
Washington soon established the first cabinet by
nominating essential officers to serve along side him in the
executive branch: fellow General Henry Knox was
appointed as the Secretary of War, fellow Federalist
Alexander Hamilton was named Secretary of the Treasury,
and fellow Virginian Thomas Jefferson was named
Secretary of State. Washington was elected President in
1789
“To institute new
government…”
The only question left to answer was
the location for the new Capitol of the
United States.
Cities such as Philadelphia and New
York had been used before but was
not deemed suitable for this new
nation.
Like all other decisions made in our
early nation, the decision on where to
have our capitol would have to be a
compromise
Exit Ticket
1.What two document influenced the
writing of the Bill of Rights? And who
were they written by?
2. Who wrote the Bill of Rights?
3. List or Describe 3 of the 10
amendments that you can remember.
Alexander Hamilton
• Born an illegitimate
child in the British
West Indies
• Father abandoned
him when he was
young and was left
impoverished. Mother
also died at age 13
but young Alexander
showed an extremely
bright intellect.
Alexander Hamilton
• Fled to America in order to receive an education and
studied grammar at Elizabethtown College and also
studied at King’s College (now Columbia University)
• During the Revolutionary war, Hamilton joined the
volunteer New York militia and worked his way up to
Lieutenant Colonel and the inner circle of Washington.
Alexander Hamilton
As the first Secretary of the
Treasury, Hamilton wanted
economic policies that
empowered both the
federal government and the
wealthy classes of society.
Hamilton’s first goal was to
re-establish the credit of
the United States.
Alexander Hamilton
Hamilton planned to pursue this economic policy through a
program known as “assumption.” This would enable the
federal government to assume the extensive Revolutionary
War debts. More importantly, “assumption” shifted wealthy
creditors away from the states and into an economic
relationship with the federal government, naturally giving
them a personal stake in the success of the young republic.
Alexander Hamilton
PROTECTIVE
TARIFF
Hamilton believed the national debt could be paid with a
tariff tax.
Tariffs help protect domestic industry and Hamilton
believed in the young American industries of the
Northeast.
Alexander Hamilton
VS.
Hamilton strongly believed that America’s future depended
more on the success of industry and manufacturing. This
was in stark contrast to Jefferson’s vision of an agrarian
society (an agricultural economy).
Also in his way was former ally, James Madison who saw
“assumption” as unconstitutional.
Alexander Hamilton
12) Congress was split between the Industrial Northeast and
the Agricultural South. In a letter to future President James
Monroe, Secretary of State Thomas Jefferson warned, "in the
present instance I see the necessity of yielding for this time….for
the sake of the union, and to save us from the greatest of all
Calamities.”
Alexander Hamilton
14)Hamilton became distressed that his “assumption”
idea was failing. In what became known as the “Dinner
Table Bargain” (some call it the Compromise of 1790),
Madison and Jefferson agreed to silence their criticism of
Hamilton’s assumption plan if the new national capital was
established in the South, preferably near George
Washington’s Mount Vernon plantation on the banks of the
Potomac River in Northern Virginia.
Alexander Hamilton
The National Bank and the Excise Tax
B.U.S.
Once Hamilton got “assumption” passed into law, he
pursued the last step in his economic plan, creating a
National Bank.
Hamilton’s idea created the “Bank of the United States”
where the federal government would be the largest
shareholder. The Bank could loan out surplus revenue in
order to stimulate the national economy.
The National Bank and the Excise Tax
3) Not only did Jefferson believe that Hamilton’s economic
program was undemocratic and unfairly favored to the
wealthy classes, but he also believed that many
components of it were unconstitutional as well. Jefferson
strongly opposed the creation of the Bank of the United
States because it was not specifically listed in the
Constitution as a power granted to the national government.
The National Bank and the Excise Tax
4) Jefferson believed in a strict interpretation of the
Constitution and thought that the chartering of banks
should be among the powers reserved to the states.
Hamilton and the Federalists believed in a loose
interpretation of the Constitution and thought that the
creation of a national bank was an implied power granted to
the national government through the Necessary and Proper
Clause of the Constitution (Article I – Section 8 – paragraph
18).
The Whiskey Rebellion
Tom the Tinker
To raise additional revenue Hamilton started to tax various
domestic goods with a special emphasis on whiskey. In
1794, western farmers in Pennsylvania openly rebelled
against the excessive tax by over-running tax collections
offices and tarring and feathering several tax officials. A
legend known as “Tom the Tinker” took command of the
rebellion.
The Whiskey Rebellion
3) One Pennsylvanian described Tom’s rebels in the following
terms: “You might find a note posted on a tree outside your house,
requiring you to publish in the Gazette your hatred of the whiskey tax
and your commitment to the cause; otherwise, the note promised,
your stil would be mended. Tom had a wicked sense of humor and a
literary bent: "mended" meant shot full of holes or burned. Tom
published on his own too, rousing his followers to action, telling the
Gazette's editor in cover notes to run the messages or suffer the
consequences.”
The Whiskey Rebellion
VS.
4) With strong encouragement from Hamilton, President
Washington, Hamilton and Harry Lee disbanded the
rebellion with 13,000 federal troops. Unlike the Articles of
Confederation, the new centralized government was able to
use its strength to suppress acts of internal rebellion.
However, Thomas Jefferson and his growing camp of
supporters opposed this drastic use of force and believed
the excise tax to be somewhat oppressive.
Jacob Laew
Barack Obama
The Whiskey Rebellion
7) Jefferson realized that Hamilton’s Federalist influence over
Washington trumped his own commitment to pure
republican ideals. Jefferson considered the “Dinner Table
Bargain” to be the worst mistake of his political career
because it allowed Hamilton to devise an aristocratic
government modeled on the British system.
The Jeffersonians
1) Hamilton’s vision of a supreme national government
supported by industry and wealth sharply conflicted with
Jefferson’s dream of a social democracy based on
agriculture. Washington’s support for Hamilton’s
economic polices led Jefferson to resign from the
administration. His collaboration with James Madison
against the forces of Federalism evolved into the
opposition party known as the “Democratic-Republicans.”
The Jeffersonians
1787
1776
2) Jefferson saw Hamilton and the extreme
Federalists as an aristocratic threat to American
democracy and the spirit of egalitarianism that had
developed during the Revolutionary War. Many of
the ardent revolutionaries and former AntiFederalists joined Jefferson in the struggle against
the excesses of the Hamiltonian Federalists.
The Jeffersonians
3) Similar to the political divide that had erupted in
Washington’s first term over domestic economic
policy, a fierce debate over foreign policy erupted
as a result of the French Revolution during the
second term.
The Jeffersonians
4) Democratic-Republicans delighted in the democratic spirit
of the French Revolution when it overthrew the monarchy.
However, more conservative Federalists feared the radical
elements of the French Revolution that also sought to
overturn the aristocracy of French wealth. King Louis XVI
and Queen Marie Antoinette were captured and beheaded
by the Guillotine during the “Reign of Terror” that was
carried out against enemies of the Revolution.
The Jeffersonians
5) The French Revolution eventually grew into a global
conflict among the Empires of Europe. Great Britain once
again found itself at war with its archrival across the English
Channel. This was the third world war since the two
empires fought over North America during the French and
Indian War and the American Revolution. This conflict
would enjoy a brief peace in 1799, but would be revived in
1803 after the rise of Napoleon, ending in 1815 with his
devastating defeat at Waterloo, Belgium.
• Identify each quote as either Hamilton or
Jefferson (put them into separate piles)
• Then go through on your chart and explain
what each quotes means in your own
words (go by number)
• Answer follow up question found on the
bottom of the worksheet. (Answer on the
back o the worksheet.
Exit Ticket
• Carl Sandburg once said, “Money is
power, freedom, a cushion, the root of
all evil, the sum of all blessings.”
Discuss how money (and banking)
could be explained in each of these
different ways.
Exit Ticket
1. Who wrote the Virginia Declaration of
Rights?
2. Who wrote the Virginia Statute of
Religious Freedom?
3. Who wrote the Bill of Right?
4. What is federalism?