1301 Lecture 28 Adams Domestic Affairs — Transcript

Full transcript

1. 0:03hello once again history 1301
2. 0:05uh we have a handout for you today
3. 0:09get that the this mess with the french
4. 0:13cause some political turmoil at home
5. 0:17uh the federalists remember these
6. 0:19unofficial political parties the
7. 0:20federalists
8. 0:25in an effort to stifle
9. 0:28silence the republican opposition
10. 0:33the federalist congress passed what are
11. 0:35called the alien and sedition acts there
12. 0:38are three alien acts in the sedition act
13. 0:40alien and sedition acts these are
14. 0:42attempts to and signed into law by
15. 0:44president adams
16. 0:46in the summer june july 1798 their
17. 0:49attempts to
18. 0:50silence the republicans uh
19. 0:53the alien acts if you read along the
20. 0:56alien acts the naturalization act
21. 0:58linked them from five to 14 years the
22. 0:59residency requirement for citizenship
23. 1:02most of the aliens by the way in this
24. 1:05instance are
25. 1:06foreigners coming to the united states
26. 1:08and wanting to be us citizens not
27. 1:10martians or alf for those of you who get
28. 1:13that joke
29. 1:14and the vast majority of these
30. 1:16naturalized american citizens
31. 1:19tended to side with the republicans so
32. 1:22this is an attempt to
33. 1:24lower the number of republicans the
34. 1:26alien act
35. 1:28empowered the president to deport
36. 1:30so-called dangerous
37. 1:31aliens and apparently it was up to the
38. 1:33president to define the term
39. 1:35dangerous so if you're if you supported
40. 1:38republicans and the president said oh
41. 1:40gee
42. 1:40you're dangerous you're leaving
43. 1:43and then the alien enemies act
44. 1:44authorized the president in time to
45. 1:46declare
46. 1:47war to expel or imprison enemy aliens at
47. 1:49will
48. 1:50national security but the most heinous
49. 1:53of these is the sedition act
50. 1:56the sedition act defined as a height
51. 1:58misdemeanor
52. 1:59any conspiracy against legal measures of
53. 2:01the government including
54. 2:02interference of federal officers and
55. 2:04insurrectional rioting
56. 2:06the law for bad the writing publishing
57. 2:09or speaking of anything of a false
58. 2:11scandalous
59. 2:12malicious nature against the government
60. 2:14or any of its officers
61. 2:15in other words fines and imprisonment
62. 2:18for anyone who conspired to oppose any
63. 2:19merchant of the u.s government
64. 2:21or who wrote against the government of
65. 2:23the president there is to be
66. 2:24absolutely no dissent
67. 2:28against the government against the
68. 2:29president there is to be
69. 2:31absolutely no opposition to the
70. 2:33government to the president
71. 2:35if you spoke in opposition to a
72. 2:37government
73. 2:38uh law or government matter or something
74. 2:41the president did
75. 2:42you would be subject to fine and
76. 2:44imprisonment under the sedition act
77. 2:46if somebody published in a newspaper
78. 2:47something critical of the president
79. 2:49critical of the government
80. 2:50they could be arrested on the sedition
81. 2:52act and yes
82. 2:54yes yes you are right in yelling back at
83. 2:57me
84. 2:57isn't that a violation of the first
85. 2:59amendment yes
86. 3:00it is blatant violations
87. 3:04of the first amendment freedom of speech
88. 3:07freedom of press
89. 3:11it was justified the sedition act was
90. 3:14justified
91. 3:16under the guise of national security we
92. 3:19are in
93. 3:20a crisis situation with the french war
94. 3:23could break out with the french at any
95. 3:25time
96. 3:26and if it does we'll have to deport some
97. 3:29dangerous french aliens
98. 3:31will have to expel or imprison enemy
99. 3:33aliens
100. 3:34and in a time of war we cannot have
101. 3:37dissent
102. 3:38in the time of national emergency we
103. 3:39must not have dissent we have to have
104. 3:41unity
105. 3:42national emergency and if you think
106. 3:45anything oh this is
107. 3:461798. that'll never happen again oh yeah
108. 3:51120 years later in 1918 during world war
109. 3:53one government passed another sedition
110. 3:55exit basically the same thing
111. 3:57if you spoke or acted against the
112. 3:59president the war the government
113. 4:01you go to jail if you think oh well
114. 4:03that's 1918 that's 102 years ago
115. 4:05oh yeah you've heard something called
116. 4:07the patriot act
117. 4:09the patriot act anybody try to get on an
118. 4:13airplane lately what are you going to do
119. 4:14you got to take your shoes off got to
120. 4:15take your belt off
121. 4:16your luggage has to get x-rayed
122. 4:20does the tsa worker give you a search
123. 4:22warrant to search your luggage no
124. 4:27give you a search warrant to take your
125. 4:28shoes off your belt off no search
126. 4:30warrant to go through that x-ray machine
127. 4:32no national security
128. 4:36it's still with us today folks those are
129. 4:38all violations of your first amendment
130. 4:39rights
131. 4:40or not just first amendment of your bill
132. 4:42of rights rights
133. 4:44against unreasonable searches and
134. 4:45seizures but it's done
135. 4:47under the guise of national security
136. 4:49ever since the 9 11 attacks
137. 4:51still with us today well all right the
138. 4:55submission act
139. 4:57blatantly unconstitutional and of course
140. 5:00the republicans
141. 5:01on official republicans uh
142. 5:05they can see right through it in fact um
143. 5:09is totally partisan finds an
144. 5:10imprisonment for those who conspired who
145. 5:12spoke against the government the
146. 5:13president
147. 5:16a congressman matthew lyon you can read
148. 5:19about him in the book matthew lyon lyon
149. 5:22he was a a republican congressman from
150. 5:24vermont
151. 5:25he criticized the president he got
152. 5:27arrested and while he was sitting in
153. 5:28jail
154. 5:29he got reelected to the house of
155. 5:30representatives from vermont
156. 5:34all right now the republicans are
157. 5:36wondering what can we do about these
158. 5:37blatantly unconstitutional acts
159. 5:40now there's you know what i say
160. 5:46there's nothing in the constitution that
161. 5:48states who or what can declare federal
162. 5:50laws
163. 5:52unconstitutional federal government
164. 5:54passes a law like sedition act blatantly
165. 5:56unconstitutional
166. 5:57who in the government what entity in the
167. 6:00government has the authority to declare
168. 6:01a law unconstitutional it is not spelled
169. 6:04out in the constitution
170. 6:06well the republicans come up with an
171. 6:08interesting solution grab your book
172. 6:10go to the back to the constitution
173. 6:14[Applause]
174. 6:19i got the page number for you
175. 6:26page a 96 on the back a 96
176. 6:30the 10th amendment i mentioned when we
177. 6:32went over the bill of rights this is the
178. 6:34state's rights amendment
179. 6:37republicans come up with an interesting
180. 6:39interesting idea
181. 6:41as to who can declare a law
182. 6:42unconstitutional 10th amendment
183. 6:44the powers not delegated to the united
184. 6:46states by the constitution
185. 6:48they'll prohibited by to the states are
186. 6:49reserved to the states
187. 6:52any power not specifically given to the
188. 6:54national government
189. 6:55is reserved to the states nowhere in the
190. 6:58constitution
191. 6:59is the national government given the
192. 7:01power to declare a law unconstitutional
193. 7:03so the republicans therefore say well
194. 7:05then it's a matter for the state's
195. 7:0810th amendment so under the guise of the
196. 7:1110th amendment go back to your handout
197. 7:14we look at the virginia kentucky
198. 7:16resolutions this is an attempt by the
199. 7:18republicans
200. 7:20to get these laws declared
201. 7:21unconstitutional by the states
202. 7:25uh the virginia resolution
203. 7:28written by james madison member of the
204. 7:30house of representatives from virginia
205. 7:32helped write the constitution
206. 7:34in virginia james madison secured
207. 7:36passage of resolutions in the virginia
208. 7:38legislature
209. 7:40affirming the rights of states to
210. 7:42declare federal law and unconstitutional
211. 7:44in declaring the alien and sedition acts
212. 7:46to be such
213. 7:47and then in kentucky kentucky passed a
214. 7:50resolution
215. 7:51states could nullify get rid of
216. 7:53unconstitutional acts of the federal
217. 7:55government
218. 7:56and declare the alien and sedition acts
219. 7:58to be void and of no force
220. 8:00the kentucky resolution was written
221. 8:03anonymously by
222. 8:04vice president thomas jefferson so these
223. 8:07are attempts by states to get
224. 8:09these laws declared unconstitutional now
225. 8:12this brings up a question
226. 8:14let's assume that the republicans are
227. 8:15right states
228. 8:17can declare laws unconstitutional
229. 8:21well that brings up some questions
230. 8:24how many states does it take to declare
231. 8:26a law unconstitutional
232. 8:28one two like in this case
233. 8:31a majority a two-thirds majority a
234. 8:34three-fourths majority
235. 8:36you know it takes a three-fourths
236. 8:36majority of the states to make a law
237. 8:39constitutional
238. 8:42maybe a three-fourths majority to make a
239. 8:43law unconstitutional
240. 8:45so how many does it take one two like in
241. 8:48this case
242. 8:49a simple majority three-fourths majority
243. 8:51two-thirds majority
244. 8:52none of that is spelled out and here's
245. 8:54another one suppose a state
246. 8:56or two states in this case like virginia
247. 8:58and kentucky
248. 8:59declare a law unconstitutional does that
249. 9:02mean it's unconstitutional
250. 9:04for the entire nation or just that state
251. 9:10well these issues are not really dealt
252. 9:12with no other state
253. 9:18did anything like this there are 13 40
254. 9:2116 states at this time
255. 9:23vermont kentucky tennessee have been
256. 9:26added by this time
257. 9:28so there's 16 states and only two of
258. 9:30them
259. 9:31pass these resolutions so nothing's
260. 9:33really done about it at this time
261. 9:36all right okay that will be dealt with
262. 9:38later however
263. 9:39as to who can declare a long
264. 9:40constitution all right now we come to
265. 9:42the presidential election
266. 9:44of eighteen hundred
267. 9:49again there were four candidates oh by
268. 9:52the way in 1799
269. 9:54george washington died and with him
270. 9:57died his warning against factions
271. 10:00political parties
272. 10:01so now the republicans the federalists
273. 10:04they are now
274. 10:04official political parties all right
275. 10:09the candidates in this election three of
276. 10:11them are repeats from last time john
277. 10:12adams he's running for reelection
278. 10:15and this time we have uh
279. 10:19charles pinckney it was
280. 10:23thomas pinkney who ran in 1796 this is
281. 10:26his brother charles
282. 10:28they are the now official
283. 10:32federalist candidates and on the other
284. 10:35side we have two repeats
285. 10:36we have vice president jefferson he's
286. 10:38looking for a job upgrade
287. 10:41the president and the other repeat
288. 10:44aaron burr and they are officially
289. 10:50the republican candidates all right
290. 10:53now this was a very very nasty election
291. 10:57a lot of propaganda
292. 11:00once again the republicans said that
293. 11:01adams was a monarchist
294. 11:04he wanted to be king of america it
295. 11:07wasn't true by the way
296. 11:08he did not want to be king of america um
297. 11:13federalists fought back they said uh a
298. 11:17vote
299. 11:17for jefferson was a vote against
300. 11:20god who against god and if jefferson was
301. 11:24elected
302. 11:24the united states could expect quote the
303. 11:27just
304. 11:28vengeance of insulted heaven god will
305. 11:31send that old lightning bolt down
306. 11:33strike the united states sink it into
307. 11:35the sea and the atlantic and the pacific
308. 11:37oceans will become one
309. 11:41according to your book page 319
310. 11:44federalists predicted
311. 11:45that if the godless jefferson were
312. 11:47elected
313. 11:48murder robbery rape adultery and
314. 11:52incest will be openly taught and
315. 11:55practiced in the united states
316. 11:56my god the united states will go down
317. 11:59the tubes well
318. 12:01there you have it all right this is a
319. 12:04very
320. 12:04this is an interesting election
321. 12:08atoms i and i remember it still uh
322. 12:11electors vote for two not designating
323. 12:13one for president not designating one
324. 12:14for vice president
325. 12:16and whoever gets the most votes as
326. 12:17president second most vice president
327. 12:19well here's our turned out
328. 12:21uh adams
329. 12:25gets 65 electoral votes pinkney
330. 12:30gets 64. jefferson
331. 12:36gets 73. well right there we can see
332. 12:38jefferson
333. 12:40beats acts so now we just have aaron
334. 12:43burr to go
335. 12:44so you know if jefferson wins adams
336. 12:47could revert back to the vice presidency
337. 12:49here
338. 12:49and he once called the vice presidency
339. 12:51the worst political office ever created
340. 12:54aaron burr
341. 12:58also gets 73 votes we have
342. 13:01a tie what happens if there's a tie in
343. 13:05the electoral vote
344. 13:08this is covered by the constitution in
345. 13:11case of a tie
346. 13:12like this or in case nobody gets a
347. 13:14majority
348. 13:15in case of a tie the election gets
349. 13:18thrown into the house of representatives
350. 13:20this is per the constitution
351. 13:22the election gets thrown into the house
352. 13:23of representatives where voting is done
353. 13:26by
354. 13:26states not individual representatives
355. 13:30voting is done by states and you need a
356. 13:32majority of states to win
357. 13:35so the congressional the house
358. 13:38representatives for each state has to
359. 13:40get together to decide how to cast their
360. 13:42state's
361. 13:42one vote all right
362. 13:46and it's between the top it's between
363. 13:48jefferson and burr so adams is out
364. 13:51so one of these jefferson burr is going
365. 13:53to be president the other one's going to
366. 13:54be
367. 13:55vice president all right so there are 16
368. 13:58states now you need a majority to win
369. 14:01which means you need nine states
370. 14:03nine out of the 16 to win
371. 14:06now
372. 14:12and i said i'm trying to find something
373. 14:28eventually in some time in 1801
374. 14:32the house takes up the issue of
375. 14:35who's going to be the next president and
376. 14:38in a one week period the house of
377. 14:41representatives voted 35
378. 14:43times 35 times and neither jefferson or
379. 14:46burr
380. 14:46could get the necessary nine states to
381. 14:49win
382. 14:51well at this point alexander hamilton
383. 14:54our old buddy alexander hamilton
384. 14:56steps into it now hamilton hates
385. 14:58jefferson
386. 15:00hamilton hates burr well he also hates
387. 15:02john adams so
388. 15:03looks like he hates everybody despite
389. 15:05what the musical hamilton might infer
390. 15:07he hates jefferson and hates burr
391. 15:10hamilton but he hates aaron burr
392. 15:12even more aaron burr and and jefferson
393. 15:15and uh hamilton are both from new york
394. 15:17and they're vying for political
395. 15:19leadership in new york
396. 15:20if burr wins the presidency burr will be
397. 15:23number one not only in new york but in
398. 15:25the country
399. 15:26and hamilton doesn't like that so
400. 15:28hamilton throws his support to jefferson
401. 15:32basically he want hamilton wants to bury
402. 15:35burr in the vice presidency
403. 15:36according to the constitution the vice
404. 15:38president only has one job to do
405. 15:40and that is preside over the senate the
406. 15:42vice president sits in that big old
407. 15:44chair
408. 15:45at the head of the senate and makes
409. 15:46rulings on parliamentary procedure
410. 15:48you can speak next you can speak next
411. 15:50and we'll take a lunch break
412. 15:51can't even vote in case of just in case
413. 15:54of a tie the only time they could vote
414. 15:55cannot even take part in the debate it's
415. 15:57a nothing job
416. 15:59and for that the vice president today
417. 16:01gets paid 180 190
418. 16:02000 it's a nothing job
419. 16:06hamilton wants to bury burr in the vice
420. 16:08presidency well nobody will ever hear of
421. 16:10him again how many of you remember vice
422. 16:12presidents
423. 16:13so hamilton throws his support to bur or
424. 16:16to hamilton sorry
425. 16:18uh uh let me start over hamilton throws
426. 16:21his support
427. 16:22to jefferson and with that
428. 16:2510 states vote for jefferson
429. 16:28jefferson wins the presidency aaron burr
430. 16:31becomes vice president however
431. 16:37back in those days the new president did
432. 16:40not take office
433. 16:41until march 4th following
434. 16:44the election okay so jefferson and burr
435. 16:48will take place or they will take their
436. 16:50office on march 4th
437. 16:511801 in the meantime the federalists are
438. 16:55still in control
439. 16:56john adams is still president the
440. 16:58federalists still control
441. 16:59congress and during that little period
442. 17:03of time
443. 17:04a couple of things happened
444. 17:25couple things happen remember
445. 17:31jefferson and burr are take off as march
446. 17:334 1801
447. 17:34just a few days prior to that
448. 17:42on february 21 1801 2087 and 28
449. 17:46one two three four 27 28
450. 17:51just six days prior to that the
451. 17:54federalist
452. 17:54congress passes a new law called the
453. 17:58judiciary act of 1801
454. 18:08and under this judiciary act of 1801 16
455. 18:15new federal courts are created
456. 18:1816 new federal courts remember the
457. 18:20president gets to appoint judges to
458. 18:22these courts
459. 18:23so john adams appoints 16 federalist
460. 18:26judges to these courts and those 16
461. 18:29judges are confirmed
462. 18:31by the still federalist dominated senate
463. 18:35this the fed the federalists have lost
464. 18:38the presidency the executive branch
465. 18:40the federalists have lost congress the
466. 18:43new congress that comes in on march 4th
467. 18:45is going to be republican majority the
468. 18:48federalists are trying to hang on to the
469. 18:50federal judiciary
470. 18:51with these new courts and these new
471. 18:52judges and remember federal judges are
472. 18:54appointed for life
473. 18:56life so 16 new courts with 16
474. 18:59new federal judges under the judiciary
475. 19:01act of 1801 passed by the federalists in
476. 19:03congress
477. 19:04signed by president adams and so adams
478. 19:06appoints those 16 judges
479. 19:09and they are confirmed by the senate
480. 19:12plus in january
481. 19:15january the chief justice excuse me of
482. 19:19the united states there's an opening for
483. 19:21chief justice
484. 19:23adams appoints as the new chief justice
485. 19:26john marshall remember we saw him last
486. 19:28time with the xyz affair
487. 19:30he appoints john mark this is in january
488. 19:321801
489. 19:34adams appoints federalist john marshall
490. 19:37as the new chief justice
491. 19:39and he is also confirmed or approved by
492. 19:42the still federalist dominated
493. 19:45senate now we have a controversy going
494. 19:47on can a president
495. 19:49appoint a new justice to the supreme
496. 19:52court
497. 19:52during an election year well here's a
498. 19:55case where john adams
499. 19:56has already lost the election he has
500. 19:59lost the election
501. 20:02he still appoints a chief justice to the
502. 20:05supreme court
503. 20:06before he leaves office and marshall is
504. 20:08confirmed by the senate
505. 20:10marshall by the way was chief justice
506. 20:13for 34 years
507. 20:14probably the greatest chief justice in
508. 20:16american history
509. 20:20all right so the federalists are
510. 20:22attempting to hang on to the
511. 20:24the federalists have lost the executive
512. 20:25branch of the government the presidency
513. 20:27the federalists have lost the judicial
514. 20:29branch of the government
515. 20:32uh the uh no no sorry they've lost the
516. 20:34legislative branch to the government
517. 20:36congress
518. 20:37this is an attempt by the federalists to
519. 20:38hang on
520. 20:40to the judicial branch of the government
521. 20:44see how it works out all right
522. 20:48so
523. 20:51uh i think that was it
524. 20:58yes that was it all right
525. 21:01the end of the presidency of john adams
526. 21:03it ends
527. 21:04in a lot of country adams didn't even go
528. 21:07to the
529. 21:07the to the inauguration of thomas
530. 21:09jefferson he
531. 21:11sometime early in the morning of march
532. 21:134th him and his wife got on the carriage
533. 21:15and started their journey back to
534. 21:17massachusetts where they were from
535. 21:19so uh jefferson and and and adams were
536. 21:23bitter enemies at this point
537. 21:26but later on they would i don't know if
538. 21:28they resolved their differences but
539. 21:30they became friends again uh you know
540. 21:32going back to the spirit of 1776 and the
541. 21:35declaration of independence
542. 21:36and they they had a continued
543. 21:38correspondence with each other
544. 21:40and actually they both died on the same
545. 21:42day
546. 21:43july 4 1826
547. 21:47they both died on the 50th anniversary
548. 21:51of the declaration of independence might
549. 21:53be some irony in there
550. 21:54i don't know well there you go okay so
551. 21:57pick up the presidency of
552. 21:58thomas jefferson next so we'll see you
553. 22:00then folks bye-bye