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Chapter 6
Section 1: Understanding the Constitution
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The framers of the Constitution devised the federal system.
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The legislative branch makes the nation’s laws.
The executive branch enforces the nation's laws.
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The judicial branch determines whether or not laws are constitutional.
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THE FEDERAL SYSTEM
Under the federal system, the U.S. Constitution divides powers between the states and the federal government. The Constitution gives the federal government delegated powers, including coining money. It gives state governments or citizens reserved powers, including forming local governments. Concurrent powers are shared by federal and state governments. These powers include taxing. Congress has added powers under the elastic clause to handle new issues.
The federal government has three branches. Congress, the legislative branch, has two parts. The House of Representatives has 435 members. The state’s population determines the number of representatives for each state. Each state has two senators. They are elected statewide and represent the interests of the entire state.
This branch enforces laws made by Congress. The president heads the branch. Americans elect a president every four years. Presidents are limited to two terms. The House of Representatives can impeach the president. The Senate tries the cases. Congress dismisses the president if he or she is found guilty. The president and Congress work together. A president can veto a law passed by Congress. Congress can undo a veto with a two-thirds majority vote. The president issues executive orders to carry out laws affecting the Constitution and other areas. The president also issues pardons.
JUDICIAL BRANCH
A system of federal courts with the U.S. Supreme Court at the head makes up this branch. Federal courts can undo a state or federal law if the court finds it unconstitutional. Congress can then change the law to make it constitutional. If someone thinks a conviction was unfair, he or she can take the case to the court of appeals. The losing side in that trial may appeal the decision to the U.S. Supreme Court. If the Court declines to hear a case, the court of appeals decision is final. The Supreme Court has become more diverse with the appointments ofThurgood Marshall and Sandra Day O’Connor.
Section 2: The Bill of Rights
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The First Amendment guarantees basic freedoms to individuals.
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Other amendments focus on protecting citizens from certain abuses.
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The rights of the accused are an important part of the Bill of Rights.
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The rights of states and citizens are protected by the Bill of Rights.
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FIRST AMENDMENT
James Madison began writing a list of amendments to the Constitution in 1789. The states ratified 10 amendments, called the Bill of Rights. Majority rule could take away smaller groups’ rights. The Bill of Rights protects all citizens. First Amendment rights include freedom of religion, freedom of the press, freedom of speech, freedom of assembly, and the right to petition. The U.S. government cannot support or interfere with the practice of a religion.
The freedoms of speech and the press give Americans the right to express their own ideas and hear those of others. Freedom of assembly means Americans may hold lawful meetings. Citizens can petition for new laws.
PROTECTING CITIZENS
The Second, Third, and Fourth Amendments stem from colonial problems with Britain. The Second Amendment gives state militias the right to bear arms in emergencies. The Third Amendment protects citizens against housing soldiers. The Fourth Amendment protects against certain “searches and seizures.” Authorities must obtain a search warrant to enter a citizen’s property.
RIGHTS OF THE ACCUSED
The Fifth, Sixth, Seventh, and Eighth Amendments guard the rights of the accused. The Fifth Amendment says that the government cannot take a person’s life, liberty, or property withoutdue process. A grand jury decides whether to indict a person. No one can face double jeopardy. Under eminent domain the government must pay owners a fair amount for their property. The Sixth Amendment protects an indicted person’s rights. The Seventh Amendment says that juries can decide civil cases, usually about money or property. The Eighth Amendment allows bail, or money defendants pay if they fail to appear in court. This amendment also prevents “cruel and unusual punishments” against a person convicted of a crime.
RIGHTS OF STATES AND CITIZENS
The Ninth Amendment states that all citizens’ rights are not given by the Constitution. According to the Tenth Amendment, any powers not delegated to the federal government or prohibited to the states are held by the states and the people.
Section 3: Rights and Responsibilities of Citizenship
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Citizenship in the United States is determined in several ways.
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Citizens are expected to fulfill a number of important duties.
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Active citizen involvement in government and the community is encouraged.
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GAINING U.S. CITIZENSHIP
Naturalized citizens of the United States may become full citizens. First, they apply for citizenship. Then they go through a process that leads to citizenship being granted. At that point, they have most of the rights and responsibilities of other citizens. Legal immigrants have many of those rights and responsibilities but cannot vote or hold public office. The U.S. government can deport immigrants who break the law. Legal immigrants over age 18 may seek naturalization after living in the United State five years. After completing the requirements, the person stands before a naturalization court and takes an oath of allegiance to the United States. They then receive certificates of naturalization. Two differences between native-born and naturalized citizens are that naturalized citizens can lose their citizenships, and they cannot become president or vice president.
DUTIES OF CITIZENSHIP
Citizens have duties as well as rights. Citizens must obey laws and authority. In addition, they must pay taxes for services, including public roads and public schools. Americans pay a tax on their income to the federal, and sometimes state, government. Men 18 years or older must register with selective service in case of a draft. Citizens must serve on juries to give others the right to a trial by jury.
Voting in elections is one of a citizen’s most important responsibilities. Before voting, a citizen must find out as much as possible about the issues and candidates. A variety of media sources offer information, but some may be deliberately biased. Anyone can help in a campaign, even people not eligible to vote. Many people help with donations to political action committees(PACs). People can influence government officials at any time. Many U.S. citizens work withspecial interest groups. Citizens can also work alone in elections or politics in general. Many dedicated Americans also volunteer in community service groups, such as local firefighters or Neighborhood Watch groups that tell police if they see possible criminal activity in their area. Simple acts such as picking up trash in a park or serving food at a food shelter help a community.
Chapter 7
Section 1: Washington Leads a New Nation
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In 1789 George Washington became the first president of the United States.
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Congress and the president organized the executive and judicial branches of government.
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Americans had high expectations for their new nation.
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George Washington was unanimously elected by the electoral college in January 1789. John Adams became his vice president. Martha Washington entertained and accompanied her husband at social events. She was in charge of the presidential household. Other women, such as Abigail Adams, wife of John Adams, believed women needed to play a larger role in the nation than Martha Washington did. They thought that women should take a more important role in society because they educated their children to be good citizens.
ORGANIZING THE GOVERNMENT
The new federal government had to establish a precedent in many areas when creating policies and procedures that would have a great influence on the future of the nation. Congress formed departments in the executive branch to oversee various areas of national policy. Washington consulted with department heads, or cabinet members, who advised him. Our presidents today also meet with their key advisers. Congress passed the Judiciary Act of 1789. This act created the federal court system and the courts’ location. The president nominated candidates for federal judgeships. The Senate held the power to approve or accept the judges.
AMERICANS’ EXPECTATIONS OF GOVERNMENT
Americans had high expectations of their government. They wanted trade that did not have the limits put in place by the British Parliament. They also expected the government to protect them and keep the economy on track.
In 1790 4 million people lived in the United States. Most Americans worked on farms. They hoped for fair taxes and the right to move onto western lands. Americans who lived in towns worked as craftspeople, laborers, or merchants. They wanted help with their businesses. Merchants wanted simpler trade laws. Manufacturers wanted laws to shield them from overseas competitors. Most cities were small. Only New York and Philadelphia topped 25,000 residents. New York City, the first capital, reflected the new nation’s spirit. In 1792 some 24 Wall Street stockbrokers signed an agreement that eventually created the New York Stock Exchange.
Section 2: Hamilton and National Finances
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Hamilton tackled the problem of settling national and state debt.
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Thomas Jefferson opposed Hamilton’s views on government and the economy.
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Hamilton created a national bank to strengthen the U.S. economy.
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Alexander Hamilton wanted to pay off the national debt. He figured that the United States owed $11.7 million to foreign countries. The nation also owed about $40.4 million to U.S. citizens. During the Revolutionary War the government sold bonds to raise money. Officials said bonds would be repurchased at a higher price. Some bondholders sold their bonds tospeculators. Hamilton and Thomas Jefferson disagreed on what to do. More politicians agreed with Hamilton. The government replaced old bonds with new, more reliable ones. Hamilton thought that the federal government should repay $21.5 million of the states’ debt. But southern leaders objected. Their states had relatively low debts. Hamilton arranged to have the U.S. capital’s location changed from New York to Philadelphia and finally Washington, D.C. Southern leaders then supported his plan.
HAMILTON VERSUS JEFFERSON
Hamilton and Jefferson disagreed about the role of the central government. Hamilton wanted a strong federal government. Jefferson wanted strong powers for the states. Hamilton did not want people to have much power because he had little faith in the average person. Jefferson believed that the people had the right to rule the country. Hamilton backed manufacturing and business, and higher tariffs. Jefferson backed farming, and lower tariffs.
THE DEBATE OVER THE BANK
In 1791 Hamilton and Jefferson disagreed about the government’s economic problems. Hamilton wanted a national bank, so the government could safely deposit money. Jefferson believed that Hamilton’s plan gave too much power to the federal government. Hamilton supported loose construction of the Constitution. Jefferson backed strict construction. Washington and Congress wanted The Bank of the United States. It helped make the U.S. economy more stable.
Section 3: Challenges for the New Nation
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The United States tried to remain neutral regarding events in Europe.
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The United States and Native Americans came into conflict in the Northwest Territory.
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The Whiskey Rebellion tested Washington’s administration.
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In his Farewell Address, Washington advised the nation.
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The French Revolution increased tensions between France and Britain. Many Americans supported the French Revolution, but others opposed it. France and Great Britain finally went to war. George Washington stated U.S. neutrality toward the war in the Neutrality Proclamation. A French representative asked American sailors to command privateers to aid France in fighting England. Washington said that this violated U.S. neutrality. Jefferson thought the United States should support France and resented interference in his role as secretary of state. He resigned in 1793.
Washington wanted to stop a war between the United States and Britain. The two sides signedJay’s Treaty. Britain would pay damages on seized American ships. Spain and the United States disputed the border of Florida. Pinckney’s Treaty settled that issue and reopened New Orleans to American ships.
CONFLICT IN THE NORTHWEST TERRITORY
Americans continued to settle the territory despite protests of American Indians. U.S. forces lost a battle to Miami chief Little Turtle. But General Anthony Wayne commanded U.S. troops in gaining the territory at last. The American Indians were defeated in the Battle of Fallen Timber.
In March 1791 Congress passed a tax on American made whiskey. The Whiskey Rebellionbroke out. Washington personally led the army against the rebels in western Pennsylvania, but they fled. The revolt ended with no battle.
Washington declined to run for a third term. He had tired of public life, and considered the American people the nation’s leaders. In his farewell speech, he warned about the dangers of foreign ties and political conflicts at home. He also cautioned against too much debt. At the conclusion of his speech, he stated that he looked forward to a life “of good laws under a free government. . .”
Section 4: John Adam’s Presidency
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The rise of political parties created competition in the election of 1796.
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The XYZ affair caused problems for President John Adams.
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Controversy broke out over the Alien and Sedition Acts.
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In the election of 1796, more than one candidate ran for president. Political parties had started during Washington’s presidency. Washington cautioned against party rivalry in his farewell, but rivalry dominated the 1796 election. Alexander Hamilton was key in founding the Federalist Party. John Adams and Thomas Pinckney were the Federalist candidates. Thomas Jefferson and James Madison helped found the Democratic-Republican Party. That party selected Thomas Jefferson and Aaron Burr as its candidates. Business people in cities tended to support Adams. Farmers generally favored Jefferson. Both sides attacked each other. Adams won; Jefferson was second. He and Jefferson then had to serve as president and vice president.
PRESIDENT ADAMS AND THE XYZ AFFAIR
Adams made improving the relationship between the United States and France a high priority. France was unhappy when the United States refused to let its citizens join in the war against Britain. Adams sent U.S. diplomats to repair that problem and make a treaty to guard U.S. shipping. The French foreign minister refused to meet with them. Three French agents said that the minister would discuss a treaty only if America paid a $250,000 bribe and gave a $12 million loan. The American public became furious about the XYZ affair. Still, Adams did not declare war on France. This angered many other Federalists. At last the United States and France did negotiate a peace treaty.
THE ALIEN AND SEDITION ACT
The Alien and Sedition Acts, passed by Federalists in Congress, became law in 1798. The Alien Act empowered the president to remove foreign residents he decided were involved in any treasonable or secret plots against the government. The Sedition Act forbid U.S. residents to “write, print, utter, or publish” false or critical words against the government.
The Kentucky and Virginia Resolutions stated that the acts were unconstitutional. Jefferson and James Madison said that the states could disobey unconstitutional federal laws. Congress did not repeal the acts, though they were not renewed. The resolutions presented the view that states could dispute the federal government. Later politicians would say this idea meant that the states could declare laws or actions of the federal government to be illegal.
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