UNIT 2 LECTURE NOTES

I.  ADAMS AND JEFFERSON

A.  THE ADAMS PRESIDENCY

1.  1796 ELECTION

-  In 1796 American experiences their first contested presidential election

-  The Federalists chose John Adams, conservative from Mass who had served as VP

-  Democratic Republicans nominated Thomas Jefferson

-  In line with custom, neither candidate campaigned in person

o  Both stayed home while friends and newspaper editors lobbies for support

-  Alexander Hamilton lobbies Federalists to support Thomas Pinckney because he knew he could not manipulate the morally upright John Adams

-  Adams wins the election and Jefferson is his VP

2.  XYZ AFFAIR

-  France regarded Jay’s Treaty as an American-British Alliance

o  They broke off diplomatic relations in 1797 and refused to discuss with U.S. until it addressed French grievances

o  They soon began an increased effort in seizing American ships trading with Britain

o  French ordered that anything on American ships made in Britain would be seized without compensation

-  Adams wanted to protect American commerce from French bullying but also knew that they would not survive a war with France

o  He also knew French concerns (Jay’s Treaty) were legitimate

-  He sends a mission to France, made up of three respected statesmen: Charles Pinckney, John Marshall, and Elbridge Gerry

o  When they reach Paris, they are left waiting to see the Directory (revolutionary committee of 5 that had replaced the king) and the foreign minster

o  Three officials, only named in the correspondence as X, Y, Z discreetly hinted that France would receive them if they paid a bribe of $250,000 and a $12 million loan to France

o  The delegates refused, returned home

o  News spread and government/public became out rages

o  Journalists conjured up the line “Millions for defense, but not one cent for tribute”

-  President Adams asked Congress to prepare for war, French responded by seizing more American ships

-  In April 1798 an undeclared naval war began between France and the united States in the Caribbean that lasted for a year

3.  ALIEN AND SEDITION ACTS

-  The XZY affair created a surge of anti-French hostility in America

o  This included hostilities towards Democratic Republicans who supported the French revolution

o  Many Federalists, led by Alexander Hamilton, wanted to use the crisis to destroy Republican opposition

o  The federalist dominated Congress soon passes several “wartime” measures

o  They were passed without Adams consent

-  Alien and Sedition Acts

o  Series of 4 laws

o  First 3 directed at immigrants

o  Extended naturalization period from 5 to 14 years

o  Empowered the president to detain enemy aliens during war

o  Empowered president to deport aliens he deemed dangerous to U.S.

o  Fourth Act – the Sedition Act gained the most opposition

o  It set jail terms and fines for persons who advocate disobedience to federal law or who printed/spoke false statements about the government with intent to defame

-  President never used the powers granted under the Alien Acts, but the Sedition Act resulted in the prosecution of 14 republicans, most who were journalists

-  Republicans charged that the Acts violated the first amendment appealed to states for help

-  Jefferson and James Madison proposed the Virginia and Kentucky resolves

o  Reminded Congress of 10th Amendment which gives powers not mentioned in Constitution to the States

o  Constitution was a “compact” between sovereign states and states could nullify federal laws they deemed unconstitutional

o  The resolves actually had little effect and was mostly limited to the south

4.  PROBLEMS WITH HAMILTON

-  Congress also took steps to create a military that would be prepared for war

-  Adams wanted a stronger navy, to fight France and because he believed that American’s future as a commercial nation required a respectable navy

-  Hamilton led a portion of federalists who instead wanted to focus on the standing army

-  Against his own opinion, but at the urging of Washington, Adams had appointed Hamilton as inspector general, which made him de facto commander of the U.S. army

-  When Hamilton expanded the Officer corps he excluded republicans and commissioned only his friends

-  Hamilton’s’ followers wanted a larger standing army to enforce the Alien and Sedition Acts

-  President Adams and other Federalists became convinced that Hamilton were determined to destroy political opponents by force, enter into an alliance with Britain, and impose Hamilton’s designs by force

-  Adams is fearful and angry at Hamilton and federalists followers

o  Had tried to rob him of presidency

o  Passed Alien and Sedition without his consent

o  Plans for a larger standing army w/o his consent

o  All of this happened due to the war with France

-  Adams began looking for ways to declare peace

o  In a move he knew would split his party and probably cost him the election of 1800, Adams opens negotiations with France and stalls Hamilton’s army

o  In another meeting with France peace was organized and agreed to

5.  VIRGINIA AND KENTUCKY RESOLUTIONS

-  Republicans charged that the Acts violated the first amendment appealed to states for help

o  But the Constitution did not outline who had the authority to judge whether acts of Congress violated the Constitution

o  Madison and Jefferson believed the states should make that judgment

-  Jefferson and James Madison proposed the Virginia and Kentucky resolves

o  Reminded Congress of 10th Amendment which gives powers not mentioned in Constitution to the States

o  Constitution was a “compact” between sovereign states and states could nullify federal laws they deemed unconstitutional

o  The resolves actually had little effect and neither state acted upon the resolutions

6.  THE ELECTION OF 1800

-  The election of 1800 would be unique

o  It would be a rematch from four years earlier

o  John Adams vs Thomas Jefferson

o  President vs Vice President

o  It was also another contest between Federalist who supported a strong central government and Republicans who supported state authority

-  Democratic Republicans and Thomas Jefferson approached the election of 1800 more organized and determined than in 1796

o  Alien and Sedition Acts helped decrease Federalists popularity

-  Republican Campaign:

o  Actions of federalists were expensive, unwise, unconstitutional

o  Federalists used crisis with France to increase their power and overthrow the American republic

-  Federalists:

o  Jefferson and radical allies would release the worst horrors of the French Revolution upon America

-  End side believes their defeat spells the end of the republic

-  Jefferson Wins

o  When the electoral votes were counted, Jefferson and his running mate and ally, Aaron Burr had tied with 73 electoral votes

o  Adams came in third with 65 votes

o  Federalists Congress would have to decide the election between two Republicans

o  Jefferson wins

B.  THE JEFFERSON PRESIDENCY

1.  Jefferson’s Agenda

-  Thomas Jefferson entered office with a straight forward agenda:

Reduce the influence, size, and expense of the National Government

-  The government would respect the powers of individual states

-  Defend liberties protected by Bill of Rights

-  Smaller government that would pay off debts

-  To do this he reversed much of what Federalists had done

-  This began with his personal style

o  Refused to deliver speeches to Congress; seemed to much like an act of a king, they were read by a clerk

o  Reduced number of formal activities

o  He did not want to destroy federal government or undo everything federalists had done, he just wanted to limit the national government’s presence in people’s lives

2.  Reducing Government

-  Made the most substantial cuts in the military

o  Federalists had built a sizable army and navy preparing for French war

o  Legislation passed in March 1802 reduced army to nearly 3,000 men, most of which were assigned to frontier posts

o  The goal was to rely on militia for national defense but to maintain a small well trained army as well, also created West Point

-  Repealed the parts of Alien and Sedition Acts that had not expired

-  during his administration the national debt fell from $80 million to $57 million

3.  The Courts

-  The most controversial part of Jefferson’s first term was his relationship with the Supreme Court

o  The Constitution did not fully explain the role of the Supreme Court

o  The Constitution created the Supreme Court but left creation of lesser federal courts to Congress

o  First Congress created a system circuit courts presided over by Supreme Court Justices

o  Only Federalists had served on Supreme Court under Washington and Adams

-  Judiciary Acts (1789):

o  This act helped fill in gaps Constitution left out

o  Created national court system of 3 circuit courts, 13 district courts

o  Headed by Supreme Court which would settle differences between state and federal law

-  Jeffersonian Republicans distrusted federal courts

o  especially after the January appointment of Federalist John Marshall as chief justice and the Judiciary Act of 1801

o  This ensured long term Federalists domination in the courts

-  MIDNIGHT JUDGES

o  Passed just before Jefferson’s inauguration

Judiciary Act of 1801 was aimed to limit Jefferson’s ability to appoint judges

o  These last minute appointments were known as the midnight judges

o  Reduced number of associate Supreme court Justices from 6 to 5 when the next vacancy occurred

o  Created a new system of circuit courts by taking supreme court justices off of them

o  President John Adams quickly filled these positions before he left office

o  This allowed Adams to appoint 16 judges, several marshals and federal attorneys, and justices of the peace

o  He worked until 9 o’clock his last night in office commissioning new officers

-  Republicans disagreed on how to respond

o  Many wanted judges to be popularly elected

o  Jefferson replaced marshals with Republicans and dismissed some justices of the peace

o  But judges were appointed for life and could only be removed through impeachment

o  But he found a solution – abolish their jobs, in 1802 Congress repealed the Judiciary Act of 1802 which did away with the midnight judges

-  The Pickering Case

o  With federal courts scaled back to their original size, Republicans went after Federalists who were still serving as judges

o  As a test of impeachment they first chose John Pickering, a federal attorney in New Hampshire, and a federalist

o  Notorious alcoholic and considered an embarrassment

o  He was soon impeached by Congress

o  On the same day congress also went after Supreme Court Justice Samuel Chase, who was much more prominent than Pickering

o  His crimes were much less, just mere partisanship and he hated Jeffersonian’s

o  Congressman John Randolph took over the prosecution

o  He was a radical states rights faction leader

o  He accused Jefferson of double crossing southern Republicans to win support in the NE, and moderate republicans doubted the wisdom of the Chase impeachment

o  Finally, many Republicans joined with Federalists with Jefferson’s approval and acquitted Chase

4.  Marbury v. Madison

-  One of the last minute judicial appointments was John Marshall

o  Long time federalist leader

o  At the time he was serving as Secretary of State

o  He was sworn in as Chief Justice on Feb. 4th, 1801

o  Served that post for 34 years until death in 1835

o  Helped establish many important principles of constitutional law

o  Helped build the authority of the Supreme Court

o  Committed to federalists idea of national power

5.  Marbury v. Madison

-  Case arose when Jefferson tried to deny the appointments of Federal judges appointed by Adams

o  Adams had appointed William Marbury as justice of the peace in D.C.

o  Under orders from Jefferson, Secretary of State James Madison never delivered the official papers assigning Marbury to duty

o  Marbury sued Madison, demanding that the Supreme Court let him take office

-  Marshall used the case to hand down several important rulings

o  First ruling questioned the constitutionality of Jefferson’s refusal to deliver Marbury’s commission helped convince republicans to repeal Judiciary Act of 1801

o  The last ruling in Feb. of 1803, laid the basis for the practice of judicial review, Supreme Court’s power to rule on the Constitutionality of Acts of Congress

o  By declaring part of the Judiciary Act (Madison’s midnight judges) unconstitutional, it was a larger victory for the Supreme Court

o  They had established Judicial Review, which enables courts to decide if laws passed by Congress are Constitutional

o  The final decision in Marbury v Madison angered republicans but Jefferson noted that Marshall was less interested in showing power of judiciary than in its independence

6.  Louisiana Purchase

-  As a strict constructionist, Jefferson opposed strong central government

o  However, the westward expansion of America would cause Jefferson to use federal powers

o  New Orleans was needed so the west could have access to world markets

o  Napoleon had acquired New Orleans from the Spanish

-  Jefferson sent James Monroe to Paris to purchase New Orleans for $10 million

o  However, Napoleon had grown tired of the colonies and wished to rid them

o  Needed the money for his war with Great Britain

o  Napoleon and Monroe discussed a plan to sell the whole Louisiana Territory for $15 million

-  Jefferson faced a constitutional dilemma

-  He criticized Federalists when they violated the constitution and he lacked constitutional power to buy territory

-  To be gained

o  Eliminate foreign threat on American western border

o  Ensure American access to interior rives

o  Give American farmers enough land to support the republic

C.  JEFFERSON’S SECOND TERM

1.  The Election of 1804

-  His policies made Jefferson an extremely popular president in his first term

o  Lowered taxes

o  Acquired new territory

o  Eliminated France from America

o  Began to wipe out a national debt

o  Allowed Alien and Sedition Acts to expire