Dr. Barbara Terzian

1
Creating a New Nation Constitutional
Developments

• Dr. Barbara Terzian

2
Creating a New Nation Constitutional
Developments

1. Republicanism and Federalism
2. Early State Constitutions
3. Articles of Confederation
4. 1787 Constitution
5. Early Constitutional Controversies
6. Ohios Statehood Constitution

3
State Constitutions
Approximately ¾ of the state Constitutions
drafted during this period contained formal bills
of rights protecting basic liberties. Right to
trial by jury and a right to the free exercise of
religion most consistent.
Bill of Rights
4
State Constitutions
The powers of the executive were generally
weakened considerably in the new state
constitutions. Roughly ½ of the states had the
chief executive elected by the legislature. More
than ¾ of the states had annual elections of the
governor.
The Executive
5
State Constitutions
Bicameral legislatures (except PA, VT) Lower
house was elected directly by the people Most
states had direct elections of the upper
house. Most states provided for annual election
of the lower houses. More than ½ of the states
had annual elections for the upper house. The
size of the legislature was expanded and
provision was made for reapportionment.
The Legislature
6
State Constitutions
Suffrage requirements in each state varied. (In
general, suffrage was 8-10x broader than
England.) Most states retained some form of
property requirements for voting. Candidates
could have a higher property requirement than
electors and candidates for the upper house could
have a higher requirement than required for
serving in the lower house.
Suffrage
7
Articles of Confederation
Articles of Confederation and perpetual Union
between the states of New-hampshire,
Massachusetts-bay, Rhodeisland and Providence
Plantations, Connecticutt, New-York, New-Jersey,
Pennsylvania, Delaware, Maryland, Virginia,
North-Carolina, South-Carolina and
Georgia. Article I The Stile of this
confederacy shall be The United States of
America. Article II Each state retains its
sovereignty, freedom and independence, and every
Power, Jurisdiction and right, which is not by
this confederation expressly delegated to the
United States, in Congress assembled.
8
Articles of Confederation - Powers
Number of houses in legislature One
Representation 1 7 delegates represented each state, each state held only one vote in Congress
Election and term of office Delegates appointed annually by state legislatures
Executive No separate executive Delegates annually elected one of their number as President who possessed no veto, no power to appoint officers or to conduct policy. Administrative functions of government theoretically carried out by various single-headed departments.
Judiciary Most adjudication left to state and local courts. Congress was a final court of appeal in disputes between states.
Taxation States alone could levy taxes. Congress funded the Common Treasury by making requisitions for state contributions.
Regulation of commerce Congress regulated foreign commerce by treaty, but held no check on conflicting state regulations.
Ratification or amendment Required confirmation by every state legislature
9
Land Ordinance of 1785
States cede claims to the western lands U.S.
Surveyors Townships units of 6 square miles 1
square mile 1 section 640 acres Auction Sectio
n 16 to support public education
10
Northwest Ordinance (1787)
3 5 territories Governor, Secretary, 3 judges
appointed by Congress Population 5,000 elect
a territorial legislature Population 60,000
can petition for statehood Prohibited slavery
11
The United States under the Articles of
Confederation

1. Successes Obtained Independence Cessions for
   the Western Lands Land Ordinance of
   1785 Northwest Ordinance
2. Failures Lack of Revenue Interstate
   Commerce External and Internal Stability

12
Problems with the Articles of ConfederationShays
Rebellion
13
Problems with the Articles of ConfederationShays
Rebellion
Washington Expresses Alarm We have probably had
too good an opinion of human nature in forming
our Confederation. Experience has taught us that
men will not adopt, and carry into execution,
measures the best calculated for their own good,
without the intervention of coercive power. I do
not conceive we can exist long as a nation
without lodging, somewhere, a power which will
pervade the whole Union in as energetic a manner
as the authority of the state governments extends
over the several states.
14
Problems with the Articles of ConfederationShays
Rebellion

• Washington
• the better kind of people, being disgusted with
  these circumstances, will have their minds
  prepared for any revolution whatever. We are apt
  to run from one extreme to another. To
  anticipate and prevent disastrous contingencies
  would be the part of wisdom and patriotism
• What astonishing changes a few years are capable
  of producing! I am told that even respectable
  characters speak of a monarchical form of
  government without horror.

15
Convention Convenes
Annapolis Convention 1786 Philadelphia
Convention 1787
16
The Constitution of the United States (1787)
17
The Constitution of the United States (1787)

• Preamble
• Article I
• Article II
• Article III
• Article IV
• Article V
• Article VI
• Article VII

18
Preamble
We the People of the United States, in Order to
form a more perfect Union, establish Justice,
insure domestic Tranquility, provide for the
common defence, promote the general Welfare, and
secure the Blessings of Liberty to ourselves and
our Posterity, do ordain and establish this
Constitution for the United States of America.
19
Article I
Section. 1. All legislative Powers herein
granted shall be vested in a Congress of the
United States, which shall consist of a Senate
and House of Representatives.
20
Article I
Section. 2. The House of Representatives shall
be composed of Members chosen every second Year
by the People of the several States, and the
Electors in each State shall have the
Qualifications requisite for Electors of the most
numerous Branch of the State Legislature. No
Person shall be a Representative who shall not
have attained to the Age of twenty five Years,
and been seven Years a Citizen of the United
States, and who shall not, when elected, be an
Inhabitant of that State in which he shall be
chosen.
21
Article I
Section. 2. Representatives and direct Taxes
shall be apportioned among the several States
which may be included within this Union,
according to their respective Numbers, which
shall be determined by adding to the whole Number
of free Persons, including those bound to Service
for a Term of Years, and excluding Indians not
taxed, three fifths of all other Persons. The
actual Enumeration shall be made within three
Years after the first Meeting of the Congress of
the United States, and within every subsequent
Term of ten Years, in such Manner as they shall
by Law direct.
22
Article I
Section. 3. The Senate of the United States
shall be composed of two Senators from each
State, chosen by the Legislature thereof for six
Years and each Senator shall have one Vote. No
Person shall be a Senator who shall not have
attained to the Age of thirty Years, and been
nine Years a Citizen of the United States, and
who shall not, when elected, be an Inhabitant of
that State for which he shall be chosen. The
Senate shall have the sole Power to try all
Impeachments. When sitting for that Purpose, they
shall be on Oath or Affirmation. When the
President of the United States is tried, the
Chief Justice shall preside And no Person shall
be convicted without the Concurrence of two
thirds of the Members present.
23
Article I
Section. 7. Every Bill which shall have
passed the House of Representatives and the
Senate, shall, before it become a Law, be
presented to the President of the United States
If he approve he shall sign it, but if not he
shall return it, with his Objections to that
House in which it shall have originated, who
shall enter the Objections at large on their
Journal, and proceed to reconsider it. If after
such Reconsideration two thirds of that House
shall agree to pass the Bill, it shall be sent,
together with the Objections, to the other House,
by which it shall likewise be reconsidered, and
if approved by two thirds of that House, it shall
become a Law.
24
Article I
Section. 8. The Congress shall have Power To
lay and collect Taxes, Duties, Imposts and
Excises, to pay the Debts and provide for the
common Defence and general Welfare of the United
States but all Duties, Imposts and Excises shall
be uniform throughout the United States To
borrow Money on the credit of the United
States To regulate Commerce with foreign
Nations, and among the several States, and with
the Indian Tribes To establish an uniform Rule
of Naturalization, and uniform Laws on the
subject of Bankruptcies throughout the United
States To coin Money, regulate the Value
thereof, and of foreign Coin, and fix the
Standard of Weights and Measures To provide for
the Punishment of counterfeiting the Securities
and current Coin of the United States To
establish Post Offices and post Roads
25
Article I
Section. 8. To promote the Progress of
Science and useful Arts, by securing for limited
Times to Authors and Inventors the exclusive
Right to their respective Writings and
Discoveries To constitute Tribunals inferior to
the supreme Court To define and punish Piracies
and Felonies committed on the high Seas, and
Offences against the Law of Nations To declare
War, grant Letters of Marque and Reprisal, and
make Rules concerning Captures on Land and
Water To raise and support Armies, but no
Appropriation of Money to that Use shall be for a
longer Term than two Years To provide and
maintain a Navy To make Rules for the
Government and Regulation of the land and naval
Forces To provide for calling forth the Militia
to execute the Laws of the Union, suppress
Insurrections and repel Invasions
26
Article I
Section. 8. To provide for organizing,
arming, and disciplining, the Militia, . . . To
exercise exclusive Legislation in all Cases
whatsoever, over such District (not exceeding ten
Miles square) as may, by Cession of particular
States, and the Acceptance of Congress, become
the Seat of the Government of the United States,
. . . --And 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.
27
Article I
Section. 9. The Migration or Importation of
such Persons as any of the States now existing
shall think proper to admit, shall not be
prohibited by the Congress prior to the Year one
thousand eight hundred and eight, but a Tax or
duty may be imposed on such Importation, not
exceeding ten dollars for each Person. The
Privilege of the Writ of Habeas Corpus shall not
be suspended, unless when in Cases of Rebellion
or Invasion the public Safety may require it. No
Bill of Attainder or ex post facto Law shall be
passed. No Capitation, or other direct, Tax
shall be laid, unless in Proportion to the Census
or enumeration herein before directed to be
taken. No Tax or Duty shall be laid on Articles
exported from any State.
28
Article I
Section. 9. No Preference shall be given by
any Regulation of Commerce or Revenue to the
Ports of one State over those of another nor
shall Vessels bound to, or from, one State, be
obliged to enter, clear, or pay Duties in
another. No Money shall be drawn from the
Treasury, but in Consequence of Appropriations
made by Law and a regular Statement and Account
of the Receipts and Expenditures of all public
Money shall be published from time to time. No
Title of Nobility shall be granted by the United
States And no Person holding any Office of
Profit or Trust under them, shall, without the
Consent of the Congress, accept of any present,
Emolument, Office, or Title, of any kind
whatever, from any King, Prince, or foreign
State.
29
Article I
Section. 10. No State shall enter into any
Treaty, Alliance, or Confederation grant Letters
of Marque and Reprisal coin Money emit Bills of
Credit make any Thing but gold and silver Coin a
Tender in Payment of Debts pass any Bill of
Attainder, ex post facto Law, or Law impairing
the Obligation of Contracts, or grant any Title
of Nobility. No State shall, without the Consent
of the Congress, lay any Imposts or Duties on
Imports or Exports, except what may be absolutely
necessary for executing it's inspection Laws and
the net Produce of all Duties and Imposts, laid
by any State on Imports or Exports, shall be for
the Use of the Treasury of the United States and
all such Laws shall be subject to the Revision
and Controul of the Congress. No State shall,
without the Consent of Congress, lay any Duty of
Tonnage, keep Troops, or Ships of War in time of
Peace, enter into any Agreement or Compact with
another State, or with a foreign Power, or engage
in War, unless actually invaded, or in such
imminent Danger as will not admit of delay.
30
Article II
Section. 1. The executive Power shall be
vested in a President of the United States of
America. He shall hold his Office during the Term
of four Years, and, together with the Vice
President, chosen for the same Term, be elected,
as follows Each State shall appoint, in such
Manner as the Legislature thereof may direct, a
Number of Electors, equal to the whole Number of
Senators and Representatives to which the State
may be entitled in the Congress but no Senator
or Representative, or Person holding an Office of
Trust or Profit under the United States, shall be
appointed an Elector. No Person except a natural
born Citizen, or a Citizen of the United States,
at the time of the Adoption of this Constitution,
shall be eligible to the Office of President
neither shall any Person be eligible to that
Office who shall not have attained to the Age of
thirty five Years, and been fourteen Years a
Resident within the United States.
31
Article II
Section. 2. The President shall be Commander
in Chief of the Army and Navy of the United
States, and of the Militia of the several States,
when called into the actual Service of the United
States . . . . and he shall have Power to
grant Reprieves and Pardons for Offences against
the United States, except in Cases of
Impeachment. He shall have Power, by and with
the Advice and Consent of the Senate, to make
Treaties, provided two thirds of the Senators
present concur and he shall nominate, and by and
with the Advice and Consent of the Senate, shall
appoint Ambassadors, other public Ministers and
Consuls, Judges of the supreme Court, and all
other Officers of the United States, whose
Appointments are not herein otherwise provided
for, and which shall be established by Law . . .

32
Article II
Section. 3. He shall from time to time give
to the Congress Information of the State of the
Union, and recommend to their Consideration such
Measures as he shall judge necessary and
expedient he may, on extraordinary Occasions,
convene both Houses, or either of them, and in
Case of Disagreement between them, with Respect
to the Time of Adjournment, he may adjourn them
to such Time as he shall think proper he shall
receive Ambassadors and other public Ministers
he shall take Care that the Laws be faithfully
executed, and shall Commission all the Officers
of the United States.
33
Article II
Section. 4. The President, Vice President
and all civil Officers of the United States,
shall be removed from Office on Impeachment for,
and Conviction of, Treason, Bribery, or other
high Crimes and Misdemeanors.
34
Article III
Section. 1. The judicial Power of the
United States shall be vested in one supreme
Court, and in such inferior Courts as the
Congress may from time to time ordain and
establish. The Judges, both of the supreme and
inferior Courts, shall hold their Offices during
good Behaviour, and shall, at stated Times,
receive for their Services a Compensation, which
shall not be diminished during their Continuance
in Office.
35
Article III
Section. 2. The judicial Power shall extend
to all Cases, in Law and Equity, arising under
this Constitution, the Laws of the United States,
and Treaties made, or which shall be made, under
their Authority--to all Cases affecting
Ambassadors, other public Ministers and
Consuls--to all Cases of admiralty and maritime
Jurisdiction--to Controversies to which the
United States shall be a Party--to Controversies
between two or more States-- between a State and
Citizens of another State--between Citizens of
different States--between Citizens of the same
State claiming Lands under Grants of different
States, and between a State, or the Citizens
thereof, and foreign States, Citizens or
Subjects. The Trial of all Crimes, except in
Cases of Impeachment, shall be by Jury and such
Trial shall be held in the State where the said
Crimes shall have been committed but when not
committed within any State, the Trial shall be at
such Place or Places as the Congress may by Law
have directed.
36
Article IV
Section. 1. Full Faith and Credit shall be
given in each State to the public Acts, Records,
and judicial Proceedings of every other State.
And the Congress may by general Laws prescribe
the Manner in which such Acts, Records and
Proceedings shall be proved, and the Effect
thereof.
37
Article IV
Section. 2. The Citizens of each State
shall be entitled to all Privileges and
Immunities of Citizens in the several States. A
Person charged in any State with Treason, Felony,
or other Crime, who shall flee from Justice, and
be found in another State, shall on Demand of the
executive Authority of the State from which he
fled, be delivered up, to be removed to the State
having Jurisdiction of the Crime. No Person held
to Service or Labour in one State, under the Laws
thereof, escaping into another, shall, in
Consequence of any Law or Regulation therein, be
discharged from such Service or Labour, but shall
be delivered up on Claim of the Party to whom
such Service or Labour may be due.
38
Article IV
Section. 3. New States may be admitted by
the Congress into this Union but no new State
shall be formed or erected within the
Jurisdiction of any other State nor any State be
formed by the Junction of two or more States, or
Parts of States, without the Consent of the
Legislatures of the States concerned as well as
of the Congress. The Congress shall have Power
to dispose of and make all needful Rules and
Regulations respecting the Territory or other
Property belonging to the United States and
nothing in this Constitution shall be so
construed as to Prejudice any Claims of the
United States, or of any particular State.
39
Article IV
Section. 4. The United States shall
guarantee to every State in this Union a
Republican Form of Government, and shall protect
each of them against Invasion and on Application
of the Legislature, or of the Executive (when the
Legislature cannot be convened), against domestic
Violence.
40
Article V
The Congress, whenever two thirds of both
Houses shall deem it necessary, shall propose
Amendments to this Constitution, or, on the
Application of the Legislatures of two thirds of
the several States, shall call a Convention for
proposing Amendments, which, in either Case,
shall be valid to all Intents and Purposes, as
Part of this Constitution, when ratified by the
Legislatures of three fourths of the several
States, or by Conventions in three fourths
thereof, as the one or the other Mode of
Ratification may be proposed by the Congress
Provided that no Amendment which may be made
prior to the Year One thousand eight hundred and
eight shall in any Manner affect the first and
fourth Clauses in the Ninth Section of the first
Article and that no State, without its Consent,
shall be deprived of its equal Suffrage in the
Senate.
41
Article VI
All Debts contracted and Engagements entered
into, before the Adoption of this Constitution,
shall be as valid against the United States under
this Constitution, as under the
Confederation. This Constitution, and the Laws
of the United States which shall be made in
Pursuance thereof and all Treaties made, or
which shall be made, under the Authority of the
United States, shall be the supreme Law of the
Land and the Judges in every State shall be
bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary
notwithstanding. The Senators and
Representatives before mentioned, and the Members
of the several State Legislatures, and all
executive and judicial Officers, both of the
United States and of the several States, shall be
bound by Oath or Affirmation, to support this
Constitution but no religious Test shall ever be
required as a Qualification to any Office or
public Trust under the United States.
42
Article VII
The Ratification of the Conventions of nine
States, shall be sufficient for the Establishment
of this Constitution between the States so
ratifying the Same.
43
Ratification

• Federalists vs. Anti-Federalists
• The Federalist Papers

44
Ratification

• Ratification Conventions

State Date Vote
Delaware 7 December 1787 (Unanimous)
Pennsylvania 12 December 1787 (46-23)
New Jersey 18 December 1787 (Unanimous)
Georgia 2 January 1788 (Unanimous)
Connecticut 9 January 1788 (128-40)
Massachusetts 7 February 1788 (187-168)
Maryland 28 April 1788 (63-11)
South Carolina 23 May 1788 (149-73)
New Hampshire 21 June 1788 (57-47)
Virginia 26 June 1788 (89-79)
New York 24 July 1788 (30-27)
North Carolina 21 November 1789 (194-77)
Rhode Island 29 May 1790 (34-32)
45
Bill of Rights

• Amendment I
• 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.
• Amendment II
• 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.
• Amendment III
• 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.

46
Bill of Rights

• Amendment IV
• 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.
• Amendment V
• No person shall be held to answer for a capital,
  or otherwise infamous crime, unless on a
  presentment or indictment of a grand jury, except
  in cases arising in the land or naval forces, or
  in the militia, when in actual service in time of
  war or public danger nor shall any person be
  subject for the same offense 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.

47
Bill of Rights

• Amendment VI
• 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
  wherein 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.
• Amendment VII
• 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.

48
Bill of Rights

• Amendment VIII
• Excessive bail shall not be required, nor
  excessive fines imposed, nor cruel and unusual
  punishments inflicted.
• Amendment IX
• The enumeration in the Constitution, of certain
  rights, shall not be construed to deny or
  disparage others retained by the people.
• Amendment X
• 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.

49
Two Visions of the Republic
50
Alexander Hamilton vs. Thomas Jefferson
Commercial Vision
Alexander Hamilton
51
Alexander Hamilton vs. Thomas Jefferson
Agrarian Vision
Thomas Jefferson
52
Hamiltons Reports to Congress
Public Debt Manufacturing National Bank
53
National Bank

• Jefferson to Washington
• I consider the foundation of the Constitution as
  laid on this ground That " all powers not
  delegated to the United States, by the
  Constitution, nor prohibited by it to the States,
  are reserved to the States or to the people."
  10th amendment. To take a single step beyond
  the boundaries thus specially drawn around the
  powers of Congress, is to take possession of a
  boundless field of power, no longer susceptible
  of any definition.
• The incorporation of a bank, and the powers
  assumed by this bill, have not, in my opinion,
  been delegated to the United States, by the
  Constitution.
• They are not among the powers specially
  enumerated. . . .

54
National Bank

• Jefferson to Washington
• Nor are they within either of the general
  phrases, which are the two following 1. To lay
  taxes to provide for the general welfare of the
  United States, . . . the laying of taxes is the
  power, and the general welfare the purpose for
  which the power is to be exercised.
• It would reduce the whole instrument to a single
  phrase, that of instituting a Congress with power
  to do whatever would be for the good of the
  United States and, as they would be the sole
  judges of the good or evil, it would be also a
  power to do whatever evil they please.
• The second general phrase is, "to make all laws
  necessary and proper for carrying into execution
  the enumerated powers." But they can all be
  carried into execution without a bank. A bank
  therefore is not necessary, and consequently not
  authorized by this phrase.

55
National Bank

• Jefferson to Washington
• The negative of the President is the shield
  provided by the Constitution to protect against
  the invasions of the legislature . . .
• It must be added, however, that unless the
  President's mind on a view of everything which is
  urged for and against this bill, is tolerably
  clear that it is unauthorized by the
  Constitution if the pro and the con hang so even
  as to balance his judgment, a just respect for
  the wisdom of the legislature would naturally
  decide the balance in favor of their opinion. It
  is chiefly for cases where they are clearly
  misled by error, ambition, or interest, that the
  Constitution has placed a check in the negative
  of the President.

56
National Bank

• Hamilton to Washington
• The Secretary of the Treasury . . . proceeds,
  according to the order of the President, to
  submit the reasons which have induced him to
  entertain a different opinion than the Secretary
  of the State.
• It is not denied that there are implied as well
  as express powers, and that the former are as
  effectually delegated as the latter.
• . . . the Secretary of State maintains, that no
  means are to be considered as necessary but those
  without which the grant of the power would be
  nugatory.

57
National Bank

• Hamilton to Washington
• It is certain that neither the grammatical nor
  popular sense of the term requires that
  construction. According to both, necessary often
  means no more than needful, requisite,
  incidental, useful, or conducive to. . . .
• To understand the word as the Secretary of State
  does, would be to depart from its obvious and
  popular sense, and to give it a restrictive
  operation, an idea never before entertained. It
  would be to give it the same force as if the word
  absolutely or indispensably had been prefixed to
  it.

58
First Political Parties

• Federalists
• Democratic-Republicans

59
Presidential Election, 1796

• Electoral votes
• 1796 Candidate Party Electoral Votes
• JOHN ADAMS Federalist 71
• Thomas Jefferson Democratic-Republican 68
• Thomas Pinckney Federalist 59
• Aaron Burr Democratic-Republican 30
• Minor Candidates --------- 48

60
Adams Presidency International Situation
John Adams
61
Adams Presidency - Domestic

• Alien and Sedition Acts, 1798

Sedition Act Sec. 2. That if any person shall
write, print utter or publish, or shall cause or
procure to be written, printed, uttered or
published, or shall knowingly and willingly
assist or aid in writing, printing, uttering or
publishing any false, scandalous and malicious
writing or writings against the government of the
United States, or either house of the Congress of
the United States, or the President of the United
States, with intent to defame the said
government, or either house of the said Congress,
or the said President, or to bring them or either
or any of them into contempt or disrepute or to
excite against them, or either or any of them,
the hatred of the good people of the United
States
62
Alien and Sedition Acts
Sedition Act Sec. 3. That if any person
shall be prosecuted under this act, for the
writing or publishing any libel aforesaid, it
shall be lawful for the defendant, upon the trial
of the cause, to give in evidence in his defence,
the truth of the matter contained in the
publication charges as a libel.
63
Virginia and Kentucky Resolutions

• Jefferson and Madison
• Resolved, That the several States composing the
  United States of America are not united on the
  principle of unlimited submission to their
  General Government but that, by a compact under
  the style and title of a Constitution for the
  United States, and of amendments thereto, they
  constituted a General Government for special
  purposes,
• -- delegated to that government certain definite
  powers, reserving, each State to itself, the
  residuary mass of right to their own
  self-government
• and that whensoever the General Government
  assumes undelegated powers, its acts are
  unauthoritative, void, and of no force

64
Virginia and Kentucky resolutions
Jefferson and Madison that to this compact each
State acceded as a State, and is an integral
party, its co-States forming, as to itself, the
other party that the government created by this
compact was not made the exclusive or final judge
of the extent of the powers delegated to itself
since that would have made its discretion, and
not the Constitution, the measure of its powers
but that, as in all other cases of compact among
powers having no common judge, each party has an
equal right to judge for itself, as well of
infractions as of the mode and measure of redress.
65
Revolution of 1800

• Electoral votes
• 1800 Candidate Party Electoral Votes
• THOMAS JEFFERSON Democratic-Republican
  73
• Aaron Burr Democratic-Republican 73
• John Adams Federalist 65
• Charles C. Pinckney Federalist 64
• John Jay Federalist 1

66
Ohio From Northwest Territory to Statehood

• Territorial Settlement Patterns

67
Statehood Campaign
68
Ohios Statehood Constitution

• Legislature--strong
• Bicameral
• House annual elections, 25 years old
• Senate two year terms, 30 years old

69
Ohios Statehood Constitution

• Executive--weak
• Governor direct election, two year term, 30
  years old
• can recommend to the Legislature-no veto
• Commander-in-chief
• reprieves and pardons

70
Ohios Statehood Constitution

• Judiciary
• Supreme Court, Common Pleas Courts (each
  county), Justices of the Peace
• Supreme Court and Common Pleas Court judges
  appointed by the Legislature for 7 year terms
• Justice of the peace township, direct election

71
Ohios Statehood Constitution

• Suffrage
• All white male inhabitants above the age of
  twenty-one years, one year residency and who
  have paid or are charged with a state or county
  tax.

72
Ohios Statehood Constitution

• Bill of Rights
• unalienable rights life, liberty, property
• the people have the right to alter, reform, or
  abolish their government
• neither slavery nor involuntary servitude
• freedom of religion
• protection from unwarrantable searches and
  seizures
• free press
• open courts
• criminal defense rights
• right to assemble
• right to bear arms for the defense of
  themselves and the State . . .
• access to public schools
• powers not delegated remain with the people