Chapter #9: The Confederation and the Constitution Big Picture Ideas 1.

. The Articles of Confederation, the first government set up after the American Revolution, was structured out of fear of a too-strong government. Therefore, the Articles were very weak on purpose. 2. Two things showed the Articles as being too weak to the point of being sterile: (a) it could not regulate commerce and the money situation was growing dim fast and (b) Shays Rebellion frightened many to the possibility that mobs might just take over and the government might be too weak to stop them. Due to these reasons, the Constitutional Convention was held. 3. The Constitution was written as something of a balancing act between strengthening the government, yet making sure it doesnt get too strong to take over. The resulting government was indeed stronger, but also a system of checks and balances were put into place to ensure no one branch becomes like the king had been. 4. After some negotiating, mostly with the promise of the Bill of Rights, the Constitution was ratified. IDENTIFICATIONS: John Lockes Second Treatise of Government Government is based upon a "social contract" that existed between a government and its people. If the government failed to uphold its end of the contract by protecting those rights, the people could rebel and establish a new government.

Federalist #10 A large republic is not only viable but also advantageous for the country as well. Republican Government Government in which people would vote for a person to represent their state in congress Land Ordinance of 1785 The part of the Old Northwest which was property to be sold and pay of the national debt. Land Ordinance of 1787 The law which came to grips with the problem of how a nation should deal with its colonies. The solution provided by the Northwest Ordinance was a judicious compromise: temporary tutelage, then permanent equality.

Necessary and Proper Clause The Federalists believed in letting the federal government make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers.

Federalist Papers Papers written by John Jay, James Madison, and Alexander Hamilton advocating Federalist policies. Shays Rebellion A revolt by debtor farmers led by Daniel Shays in western Massachusetts against Boston creditors that demanded the state issue paper money, lighten taxes, and suspend property takeovers. Annapolis Convention Meeting in Annapolis on September 1786 where delegates from five states ended up proposing a convention to revise and improve the Articles of Confederation and not settling the sole issue of interstate commerce.

Philadelphia Convention Convention of delegates from all states except Rhode Island to abolish the Articles and to replace it with the Constitution.

Delegated Powers Authorities specifically given to Congress in the Constitution, including the power to regulate foreign and interstate commerce, coin money, collect taxes, and declare war.

English Traditions

Limited Govt
Magna Carta 1215 Bill of Rights 1689 Balance of power b/t King and Parliment

Colonial Governments Right to vote Natural rights philosophy Separation of powers

Checks and balances

Influe nc e s on The U. S Cons titution

NY State Constitution
Included Bill of Rights First popularly elected executive Right to petition Right to vote
The Iroquois Confederacy Peace, justice, power of good minds

Indians can do it, so can we

Reserved Powers Powers given to the state by the Constitution and not given to the national government.

Concurrent Powers Powers shared by both the state and national governments.

Supremacy Clause Makes all constitutional laws and Federal laws above those of the state and local laws.

Anti-Federalists Opposed to the 1787 Constitution, the ANTI-FEDERALISTS saw it as antidemocratic and objected to the devaluation of the states to the federal government and feared violation on individuals rights in the absenteeism of a Bill of Rights. GUIDED READING QUESTIONS: The Pursuit of Equality Know: Leveling, Society of the Cincinnati, Virginia Statute for Religious Freedom, Abigail Adams, Republican Motherhood, John Singleton Copley 1. What social changes resulted from the American Revolution?

There was much more equality between the classes. Many of the Continental Army soldiers formed the Society of the Cincinnati due to the ridicule of many Americans because of their lordly selfimportance. Though, there was still much inequality for women. Abigail Adams teased her husband that if women did not receive their rights, then there would be another rebellion. And still, even though there were not equal rights for women, they were still impacted by the revolution. The idea of Republican Motherhood came into being, with the advancement of women to the newly esteemed role as the special keepers of the nations conscience.

Constitution Making in the States Know: State Constitutions, Fundamental Law 2. What was the importance of the state constitutions? The importance of the state constitutions was that they were meant to represent a fundamental law, a law in which it was superior to the ephemeral whims of commonplace legislature.

Economic Crosscurrents Know: Navigation Laws, Empress of China, Speculation 3. What were the positive and negative effects of the war on America?

The positive effects were that states had control over lands formerly owned by the crown. Manufacturing was increased due to the no importation laws and later due to the war itself.

Negatively, American ships were now banned from any British ports. This made the British Navigation Laws more hated than ever before. There were many adventurous and daring Yankee shippers venturing into the Baltic and China seas looking for profit. In 1784 the Empress of China led the way into East Asian markets.

A Shaky Start toward Union Know: Natural Rights 4. Why was the end of the war difficult on the national government? The end of the war was difficult on the national government because it plagued it with problems. There were people uncomfortable with the new laws and government, land that they didnt know what to do with, and much debt to be paid off. They were even further clouded by leaders preaching Natural Rights and looking upon figures of authority with suspicion.

Creating a Confederation Know: Sovereignty, Articles of Confederation 5. What forces served to unify the separate states during the war? The new states selected their first government to be a confederation, a loose amalgamation of states where a federal and state government exist, however the state level still has its own sovereignty to be able to do their own thing regardless of the federal government. During the war, states had made their own currencies and tax laws and did their own things regardless of what other states were doing. The Articles of the Confederation had the individual states cede their own independence and become one under a national government.

The Articles of Confederation: America's First Constitution 6. What weaknesses plagued the Articles of Confederation? What was good about it? The weaknesses of the Articles of Confederation were that individual states had more power than the Federal Government. It called for a very loose union of states and it was open to revolts and rebellions.

Landmarks in Land Laws Know: Old Northwest, Land Ordinance of 1785, Northwest Ordinance of 1787 7. Explain the importance of the Land Ordinance of 1785 and the Northwest Ordinance.

The Land Ordinance of 1785 stated that the property of the Old Northwest should be sold and that the profits should then be used to pay off the national debt. The Northwest Ordinance of 1787 allowed there to be a new state when there were over 60,000 inhabitants and the state had agreed to not accept slavery.

The World's Ugly Duckling Know: Natchez, Dey of Algiers 8. Using examples, explain the title of this section. As a new nation, America had trouble with its associations with other countries. With England, there was no trade. The British would not cancel the Navigation Laws with their restrictions thinking that America would come crawling back to trade on British standings. With Spain, the Spanish restricted access to the mouth of the Mississippi River. This was a menace to the transAppalachian states that used the river to export materials and goods. They also turned the Indians against the Americans. It also had a fort at Natchez, which was in an area with land disputed between the US and Spain. In North Africa, North African pirates, especially the Dey of Algiers, raided American ships.

The Horrid Specter of Anarchy Know: Shay's Rebellion, Mobocracy 9. Were the United States of America in danger of falling apart under the Articles of Confederation? Explain. NO, because the states had governments that could act independently, resulting in disputes over currency, borders, and taxes. Shays Rebellion caused people to want a stronger government to prevent any more rebellions from happening. Many wanted the Articles of Confederation to be revised, and feared of a mobocracy, where rule was by the masses, or mobs, where things could become very unstable.

A Convention of "Demigods" Know: George Washington, Benjamin Franklin, James Madison, Alexander Hamilton, Patrick Henry 10. What kind of men gathered in Philadelphia for the "sole and express purpose of revising" the old government? George Washington, Benjamin Franklin, James Madison, Alexander Hamilton, Patrick Henry, and many others who were chosen to be representatives were of such high esteem that they were

considered demigods. In Columbia, the founding fathers, Ben Franklin, Washington, and Jefferson were considered to be very divine.

Patriots in Philadelphia 11. How does George Washington's quote, "We have, probably, had too good an opinion of human nature in forming our confederation." help to explain the purposes of our founding fathers. The quote implies that our perception of human nature was that it was good, and that perception led to too much freedom and independence. The purpose of the founding fathers was to form a confederation in which this clouded perception of human nature wouldnt hinder the effectiveness of the new nation.

Hammering out a Bundle of Compromises Know: Virginia (large state) Plan, Bicameral Legislature, New Jersey (small state) Plan, Great Compromise, Electoral College, Three-fifths Compromise 12. Describe the compromises that were achieved by the delegates to the Constitutional Convention. Virginias (Large State) Plan called for representation based on the population of the state, while New Jerseys (Small Sate) Plan called for representation equal for all states (each state got the same number of representatives, two). Later, the Great Compromise let Congress have two houses, the House of Representatives, where Virginias plan was executed, and the Senate, where New Jerseys plan was executed. On the topic of slaves, they were considered property, but a number of states wanted them to count as people so that their state would receive more votes. The Three-Fifths Plan was compromised, in which a slave counted as 3/5ths of a person.

Safeguards for Conservatism Know: Checks and Balances, Separation of Powers 13. How democratic was the Constitution as originally written? Checks and balances were agreed upon, so one branch of the government would not hold all the power. The powers were separated as well, so they would each have to depend on one another to complete a task, which came to be known as a Separation of Powers. The Clash of Federalists and Anti- federalists Know: Anti- federalists, Federalists 14. Who were the anti- federalists and why did they oppose the Constitution?

The Anti-Federalists did not want the Constitution ratified. They thought it presented too much authority to the national government. They were mostly from the less-educated classes, usually farmers, believed in states' rights, and customarily were from the frontier areas. They were also typically Baptists or Methodists. Mostly, the Anti-Federalists thought that the Constitution had been made by and for the upper-class people and that it endangered the independence and freedom of the people.

The Great Debate in the States 15. Did most of the states approve of the Constitution? Why? Four of the smaller states quickly approved the Constitution, and Pennsylvania was the first of the larger states to approve it as well. In Massachusetts, there was conflict between the supporters and critics, and Massachusetts finally approved it after a bill of rights was guaranteed to be added later. Three more states approved, and on June 21, 1788, the Constitution was accepted after nine states (all but New York, Virginia, Rhode Island, and North Carolina) had ratified it.

The Four Laggard States Know: Alexander Hamilton, John Jay, James Madison, The Federalist 16. Explain some of the opposition to ratification of the Constitution? Opposition was taken down by John Jay, James Madison, and Alexander Hamilton, and antifederalists finally gave in after realizing that it couldnt flourish separately from the union. North Carolina and Rhode Island finally approved it after intensive insisting from the government.

A Conservative Triumph 17. What does your text mean when it says that the Constitution, "...elevated the ideals of the Revolution even while setting boundaries to them."? Even though the Revolution granted the baby country of America its own constitution and a relatively liberal one at that, it did also include elements of the government back in England. These elements proved essential to the new country.

Chapter #10: Launching the New Ship of State Big Picture Ideas 1. Alexander Hamilton, get the U.S. on a solid foothold. With the Bill of Rights quickly ratified, the top problem the new nation faced was financial in nature. Secretary Of State Alexander Hamilton developed a plan that included (a) starting a national tariff, (b) starting a tax on whiskey, (c) setting up a national bank, and (d) paying off the national debt. 3. Politics quickly fell into two camps: (a) those who followed Thomas Jefferson became the Democratic-Republicans and (b) those who followed Alexander Hamilton became the Federalists. 4. Turmoil broke out Europe with the French Revolution, mostly between England and France. The U.S. nearly got sucked into European issues, but both Washington and John Adams kept the America out of war. This was best for the U.S. IDENTIFICATIONS: Washingtons Cabinet Established by Washington, his cabinet consisted of a secretary of state, treasury, and war all run by Thomas Jefferson, Alexander Hamilton, and Henry Knox respectively. Judiciary Act of 1789 Formation of Supreme Court, with John Jay as Chief Justice. Federalists Followers of Alexander Hamilton. Federalist ideas consisted of the rich controlling the government, to have the people dependent on the government, Pro-British, and a loose interpretation of the Constitution Democratic-Republicans Followers of Jefferson. Believed in the rule of the common people and support of the middle class, that the best government it the smallest one, a reliance on an agrarian economy, ProFrench, and a strict interpretation of the Government.

Report on Manufactures and Report on the Public Credit The report on manufactures was composed by Hamilton which added tariffs on foreign imported goods so that American industry could flourish. The report on public credit made so the rich would be protected in order for the government, in turn, to be profitable from said rich people.

Jays Treaty A treaty made by John Jay to settle the disputes between America and Britain. America wanted Britain to cease all hostile activities towards America. Didnt mention any future hostilities towards ships. Pinckneys Treaty Treaty between America and Spain in order for America to store supplies and goods in New Orleans as well as access to the Mississippi river. Washingtons Farewell Address Washington told people to be wary of any alliances it may form by remaining neutral and to be careful of republican actions.

Midnight appointments The name of the 16 positions in the judiciary branch runs by federalists. Made in hopes of keeping a Federalist influence before John Adams left office. Revolution of 1800 Jeffersons election as president and his way to make America Republican, and to decay the Federalists. Judiciary Act of 1801 The last act passed by the Federalist congress. Created 16 new federal judgeships as well as other offices after the election of Thomas Jefferson, a member of the Republican Party. XYZ Affair In order to mend the relationship with France from their anger at Jays Treaty after they seized American ships, President Adams sent his envoys to talk to the French Minister Talleyrand whose three go-betweens referred as X, Y, and Z demanded a 32 million florin loan as well as a $25000 bribe in order to speak with him. The envoys were infuriated and when news got back to America, mass hysteria with talk of war had spread around. Chisholm v Georgia Gave the federal courts the power of hearing cases between citizens and states. GUIDED READING QUESTIONS: Washington for President Know: George Washington, Cabinet, Thomas Jefferson, Alexander Hamilton, Henry Knox 1. Was Washington an important president? Explain. Washington laid the foundation for the presidency and a perfect model in which future presidents could follow. He created his cabinet which consisted of a secretary of state, treasury, and war all run by Thomas Jefferson, Alexander Hamilton, and Henry Knox respectively.

The Bill of Rights Know: James Madison, Ninth Amendment, Tenth Amendment, Judiciary Act, John Jay 2. What important steps were taken by the first congress? When creating the amendments, James Madison personally drafted the amendments and included the 9th and 10th amendments as a way to as a way to ensure that the people have rights not stated in the constitution as well as that congress cant be granted any other powers stated in the constitution. In order to enforce these amendments, John Jay established the Judiciary Act in order to preserve the law of the Constitution. Hamilton Revives the Corpse of Public Credit Know: Funding at Par, Assumption of State Debts 3. How did Alexander Hamilton's economic plans lead to the District of Columbia? In order for Jefferson to accept the plans where the states would be dependent on the federal government with the Assumption of State Debts by taking on all debt as well as paying off its own with the Funding at Par, Jefferson wanted the Capitol to be located in the south, rather than New York.

Customs Duties and Excise Taxes Know: Revenue Tariffs, Protective Tariffs, Excise Taxes 4. Explain Hamilton's overall economic plan for America. Hamiltons overall economic plan for America, or the New Republic, was to place customs duties in the form of revenue, protective, and excise tariffs. He also believed in tying in every creditor that the government owed money to with the success or failure of his economic plans.

Hamilton Battles Jefferson for a Bank Know: Bank of the United States, Strict Construction, Loose Construction, Elastic Clause 5. How did the issue of the Bank of the United States reveal a difference in understanding about the Constitution between Jefferson and Hamilton? Jefferson believed in the Constitution to have given no specific authorization for the creation of a National Bank, but Hamilton countered with his loose interpretation of the Constitution by bringing up the Elastic Clause which stated that America was allowed to progress and change as

time went on. Jeffersons strict interpretation of the Constitution prevented him from agreeing with Hamilton at all.

Mutinous Moonshiners in Pennsylvania Know: Whiskey Rebellion 6. Was the Whiskey Rebellion a victory for freedom, order, or both? Explain. The whiskey rebellion was a success for order. When Washington went to Pennsylvania in 1794, he brought with him over 13,000 troops to stop the uprising. The sheer sight of the power Washington possessed was a sign of how organized the constitution was over the Articles of Confederation.

The Emergence of Political Parties Know: Factions, Parties 7. Why did political parties develop during George Washington's presidency? Were they good or bad? The parties/factions were based of the rivalry that Jefferson and Hamilton had over their interpretations of the constitution. Washington specifically stated that the party system would divide America, making it weaker than it should be.

George Washingtons Proclamation of Neutrality In 1789, revolution broke out in France. Fighting under the slogan Liberty, Equality and Fraternity, the revolutionists won control of the government. Once in power, they turned upon the former rulers, beheading thousands of the French nobility, among them King Louis XVI and Queen Marie Antoinette. The French Revolution alarmed the monarchs and the ruling classes of other countries, and their effort to prevent revolution from spreading brought them into conflict with the new French government. By 1793, a number of countries, including England, were at war with France. The European conflict plunged the United States into the most serious crisis it had faced in its four brief years under the Constitution. American sympathies were divided, with some citizens favoring England, others France. When both the British and the French interfered with American shipping, already overheated tempers rose to the boiling point.

As a further complication, back in 1778 the Continental Congress had signed a treaty in which it promised to aid France in the event of war. French sympathizers insisted that the American government live up to the terms of the treaty. Aid to France, would, however, bring the United states into conflict with England. Finally, after careful consideration and with the backing of his cabinet, President Washington issued his famous Proclamation of Neutrality. Congress then supported this position by enacting neutrality legislation. April 22, 1793 Whereas it appears that a state of war exists between Austria, Prussia, Sardinia, great Britain and the United Netherlands on the one part and France on the other, and the duty and interest of the United States require that they should with sincerity and good faith adopt and pursue a conduct friendly and impartial toward the belligerent powers: I have therefore thought it fit by these presents to declare the disposition of the United States to observe the conduct aforesaid toward these powers respectively, and to exhort and warn the citizens of the United States carefully to avoid all acts and proceeding whatsoever which may in any manner tend to contravene such disposition. And I do hereby also make known that whoever of the citizens of the United States shall render himself liable to punishment or forfeiture under the law of nations by committing or aiding or abetting hostilities against any of the said powers, or by carrying to any of them those articles which are deemed contraband by the modern usage of nations, will not receive the protection of the United States against such punishment or forfeiture . . .

The Impact of the French Revolution Know: Democratic-Republicans, Federalists, French Revolution, Reign of Terror 8. In what way did the French Revolution expose the differing views of DemocraticFederalists?

Republicans and

The French Revolutions Reign of Terror showed what exactly could happen if America were to become divided between Democratic-Republicans and Federalists.

Washington's Neutrality Proclamation Know: Franco-American Alliance, Neutrality Proclamation, Citizen Genet 9. Explain the reasoning for and against Washington's Neutrality Proclamation.

Washington designed the Neutrality proclamation in order to keep out of further wars. Federalists were engaged when the republicans got their Franco-American Alliance. Citizen Genet took advantage of the American hospitality and tried invading Louisiana and British Canada.

Embroilments with Britain Know: Anthony Wayne, Battle of Fallen Timbers, Treaty of Greenville 10. How did British actions towards Native Americans and American merchant ships incite many Americans?

After attacking and seizing about 300 merchant American ships in the West Indies, Americans began to call for a war against Britain, their old oppressor.

Jay's Treaty and Washington's Farewell Know: Jay's Treaty, Farewell Address 11. Did John Jay betray American interests in Jay's Treaty. Yes, John Jay gave far too many concessions to the Brits such as allowing for the Brits to get away with future maritime seizures. The States also had to pay reparations for pre-revolutionary debts and Britain was in no way, shape, or form, required to stop supplying the Indian threat. This seriously compromised Washingtons farewell address when he told the people that he didnt want to enter any foreign affairs.

John Adams Becomes President Know: John Adams, High Federalists 12. What handicaps did John Adams face as he became president? Many citizens were irritated with Adams and Adams had to succeed the great George Washington. He was also faced with Alexander Hamiltons High Federalists, which was a war faction within the Federalist party.

THE ALIEN AND SEDITION ACTS

Read the summaries of the Alien and Sedition Acts below and then answer the questions that follow.

THE NATURALIZATION ACT (June 18, 1798)

. . . No alien shall be admitted to become a citizen of the United States, or of any state, unless . . . he shall have declared his intention to become citizen of the United States, five years, at least, before his admission, and shall, at the time of his application to be admitted, declare and prove, to the satisfaction of the court having jurisdiction in the case, that he has resided within the United States fourteen years . . .

THE ALIEN ACT (June 25, 1798)

. . . It shall be lawful for the President of the United States at any time during the continuance of this Act, to order all such aliens as he shall judge dangerous to the peace and safety of the United States, or shall have reasonable grounds to suspect are concerned in any treasonable or secret machinations against the government thereof, to depart out of the territory of the United States . . .

THE ALIEN ENEMIES ACT (July 6, 1798)

. . . Whenever there shall be a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government. . . all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained and removed, as alien enemies. . .

THE SEDITION ACT (July 14, 1798)

. . . If any person shall write, print, utter, or publish . . . scandalous and malicious writings or writings against the government of the United States, or either house of Congress of the United States or the President of the United States, with intent to defame . . . or to bring them, or either of them, into contempt or disrepute . . . then such person, being thereof convicted before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding two thousand dollars, and by imprisonment not exceeding two years.

Unofficial Fighting with France Know: John Marshall, XYZ Affair, "Millions for Defense, but Not One Cent for Tribute 13. What French actions brought America close to war in the closing years of the 18th century?

When John Adams sent his envoys to France, one of his envoys, John Marshall, was greeted with an intolerable demand where the Americans paid a 32 million florin loan as well as a $25000 for the privilege of talking to their minister in order to discuss negotiations. The outraged ambassadors were infuriated and responded with "Millions for Defense, but Not One Cent for Tribute. This was known as the XYZ affair. When news reached back in the USA, war hysteria spread throughout America and it was France to blame.

Adams Puts Patriotism above Party Know: Napoleon Bonaparte, Convention of 1800 14. How did avoiding war with France hurt John Adams' political career? Since Adams had not involved the States in a full-fledged war with France under the dictator, Napoleon Bonaparte, he lost popularity and a chance at a second term. His career was permanently damaged after the Convention of 1800, where France agreed to the annual 22-year marriage of inconvenience and the States agreed to pay the damage claims of American shippers.

The Federalist Witch Hunt Know: Alien Laws, Sedition Act 15. Explain the reasons for the passage of the Alien and Sedition Acts. The Alien Laws and Sedition Acts came into play due to the many scorned European immigrants who were welcomed as voters to the less prosperous and more democratic Jeffersonian party.

The Virginia (Madison) and Kentucky (Jefferson) Resolutions Know: Compact Theory, Virginia and Kentucky Resolutions, Nullification 16. Which was more dangerous to the US Constitution: the Alien and Sedition Acts or the Virginia and Kentucky Resolutions? Explain.

The Alien and Sedition Acts were more dangerous to the US Constitution because the compact theory contained reasonable logic. The Alien and Sedition Acts were beginning to take way the basic constitutional rights that America was built upon. The Virginia and Kentucky resolutions were right to nullify the Alien and Sedition Acts.

Federalists versus Democratic-Republicans 17. What were some key differences between Federalists and Democratic Republicans? Federalists were based solely on their loose interpretation of the constitution while Democratic Republicans were based on their strict interpretations of the constitution. Their arguments always came down to the line in their own interpretations of whether or not their decisions were constitutional. Thomas Jefferson: The Patriot Act of the 18th Century By Ishmael Reed Nations sometimes lose their bearings when confronted by an enemy. In a state of crisis or even panic, they implement measures that are later viewed as regrettable. From 1798 to 1800, the French were considered terrorists, pirating ships and making things uncomfortable for the fledgling American republic. The Federalist Party led a backlash against the French, and Thomas Jefferson and his Republican Party were seen as Francophiles. The XYZ Affair--a scandal centering on the fact that some French officials demanded bribes from American diplomats-brought relations between France and the U.S. to the breaking point. The Federalist Administration of President John Adams considered such solicitations to be grave insults. There were cultural differences as well. In the view of Abigail Adams, Frenchwomen were risqu at best. The reaction to the threat from France came in the form of the Alien and Sedition Acts, which were championed by the Federalists, passed by Congress and signed by Adams in 1798. The Alien Act required immigrants to reside in the U.S. for 14 years instead of 5 to qualify for citizenship. The act also gave the President the legal right to expel those the government considered "dangerous." The Sedition Act punished "false, scandalous and malicious" writings against the government with fines and imprisonment. Most of those arrested under the Sedition Act were Republican editors, and instead of sending boatloads of aliens back to France, it resulted in no one's deportation. In a foreshadowing of the climate that inspired today's USA Patriot Act, at the turn of the century 200 years ago, it was common practice to question the patriotism of citizens, immigrants and the political opposition.

Jefferson, who was Vice President at the time, drafted his position in secret and wrote it into the Kentucky Resolutions of 1798. James Madison, in collaboration with Jefferson, subsequently authored the Virginia Resolutions. In the second and fourth of the Kentucky Resolutions, Jefferson cited the 10th Amendment, which gives the states powers not delegated to the government by the Constitution, to declare the Alien and Sedition Acts unconstitutional. Jefferson feared that a strong central government might put an end to slavery. Jefferson's fight against the Alien and Sedition Acts is often placed in the context of free speech, but it had unintended consequences beyond that. The Kentucky Resolutions were among the first to defend states' rights, and Jefferson had even threatened secession. Similar ideas helped spark the Civil War. After Jefferson defeated Adams and was elected President in 1800, the Alien and Sedition Acts were allowed to expire. Adams, looking to distance himself from the mess, blamed the whole idea on Alexander Hamilton--who by then had been murdered by Aaron Burr. The expiration of the acts did not end challenges to the First Amendment or the tendency on the part of some Presidents to behave like monarchs, sometimes with the cooperation of Congress. The Espionage Act of 1917 prohibited "false statements" that might "impede military success." During World War II, FBI Director J. Edgar Hoover and President Franklin Roosevelt wanted to use sedition charges to suppress black newspapers, claiming they undermined the war effort with reports of racial dissension and demands for civil rights. It took Chief Justice Earl Warren's Supreme Court on March 9, 1964, in The New York Times Co. v. Sullivan, to finally declare unconstitutional the Sedition Act of the Adams Administration. Though the act had expired under Jefferson's Administration, the court's action buried that particular threat to free speech once and for all--or so people hoped. Writing for the majority, Justice William Brennan held that L.B. Sullivan, an Alabama official, had not been libeled in a New York Times ad that had been paid for by civil rights proponents. Brennan supported his arguments by citing Jefferson. Reed, who writes frequently on dissent, is the author of Another Day at the Front

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