Election of 1796

Washington's VP, John Adams, and former Secretary of State, Thomas Jefferson, run for President
Adams choose Pinckney, Jefferson chooses Burr as VP
however, the party system is not yet understood, and the Electoral College system doesn't let it work very well
- electors cast two votes, and the President is the one with the majority, the VP is the second highest
Adams (Federalist) and Jefferson (Democrat-Republican) are elected Pres/VP, leading to conflicts
indicates that the system needs to be fixed to compensate for political parties

Adams as President

intelligent, but not a great "people person"
- however, his four years in office aren't of amazing quality
- he's the first one-term president
- faces many problems, including foreign and domestic policy, and discord within his party
vies with Hamilton for party leadership - the system hasn't yet evolved to where the President is de facto leader

relations with France begin to unravel soon after he begins his term
the French are upset by Washington's Neutrality Proclamation
- they see Jay's Treaty, which makes a deal with the British, as violating the principle of neutrality
- France had given money and troops for the American Revolution, and they wanted better treatment from the Americans
- believed the Federalists were pro-British - and Hamilton, at least, was
France decides to attack US shipping, as Britain had already done so with success
so, Adams sends a group for discussion
- Marshall, Gerry, and Pinckney are sent to negotiate with France
- however, the king's three representatives "X, Y, and Z" ask for a $250,000 bribe to be able to start negotiations, and want the US to pay millions in tribute
- (this becomes known as the "XYZ Affair"
- Pinckney refuses to pay to negotiate - he is outraged by the request for a bribe and tribute
- this also infuriates Congress, so they vow to spend millions on defence rather than on tribute
Adams is being pushed to respond to France
- the Federalists want to arm merchant ships
- Hamilton agitates for war, he wants a break with France and open trade with Britain
- Adams took the high road and took the blame for his party, but he did try to make a settlement
Convention of 1800
- Adams negotiates with Napoleon
- any previous agreements are cancelled
- each nation recognises the other
- France promises to stop attacking US ships
- relations begin to improve

Naturalisation Act
- attempts to curb criticism from immigrants, especially the French and Irish
- believe that the French and Irish identify most with the Democrat-Republicans
- raise residency requirement for citizenship to 14 years - and you can't vote until you're a citizen
Alien Friends Act
- gives the President the authority to deport individuals that he considers a threat to the US
Alien Enemies Act
- gives the President the authority to deport or imprison individuals that he considers to be a threat to the US in time of declared war
Sedition Act
- speaking, writing, or publishing criticism of the government were, at the least, a misdemeanour, or possibly treason
Historian's Views
- violate the 1st Amendment, and probably unconstitutional
- the Sedition Act certaintly violates the 1st
- Naturalisation Act, apart from its motive, is definitely within the legal authority of Congress
Washington was right
- because of politics, Adams signs a law he might not otherwise have signed - he was focused on gaining power in his party, rather than on what was necessary for the nation
Supreme Court has not yet figured out that its job is to stop acts like these, so they pass

1798 - Kentucky legislature adopts a resolution written by Jefferson questioning the authority of the government to pass the Acts
Virginia legislature, under Madison, articulates the "Compact" or "States' Rights" theory of government
Kentucky and Virginia Resolves
- together, the Kentucky and Virginia resolutions were known as the Kentucky and Virginia Resolves
- they state that the federal government was created by the states, and thus the states have priority over declarations of the federal government
- support of James Madison is surprising
  - he had written the Supremacy Clause of the Constitution, which gives the supreme authority of the national government, over that of the states
  - this supremacy clause had been ratified by Virginia and Kentucky
- this idea, even though it is unconstitutional, will continue for many years, ex. the Civil War

as he was leaving office, Adams appointed many federal judges
however, not all of these commissions were delivered on time, leading to the pivotal Supreme Court case, Marbury v. Madison