OCR Specification focus:
‘1791 Bill of Rights; the problem of finding a successor to Washington in 1796.’
The final decade of the eighteenth century saw America strengthen its constitutional framework through the Bill of Rights while simultaneously confronting political divisions over Washington’s succession.
The 1791 Bill of Rights
Background to the Bill of Rights
When the United States Constitution of 1787 was ratified, it faced criticism from Anti-Federalists, who feared centralised authority and the erosion of liberties. They insisted that a clear list of individual rights was essential to safeguard freedoms against federal overreach. This pressure prompted Federalists to promise amendments that would guarantee such protections.
The Virginia Declaration of Rights (1776) and the English Bill of Rights (1689) influenced the drafting process.
Many state constitutions already had rights-based provisions, strengthening the case for inclusion at a federal level.
James Madison, originally sceptical, took a leading role in drafting amendments once elected to Congress.
Content of the Bill of Rights
The Bill of Rights comprises the first ten amendments to the Constitution, ratified in December 1791.
Primary source image of the federal Bill of Rights parchment, preserved by the U.S. National Archives. It represents the Joint Resolution proposing amendments that satisfied Anti-Federalist concerns and legitimised the new constitutional order. The page includes more text than students need for the syllabus, but it visually reinforces the document’s authenticity and 1791 context. Source
First Amendment: guaranteed freedoms of speech, religion, press, assembly, and petition.
Second Amendment: protected the right to bear arms.
Third Amendment: prevented quartering of troops without consent.
Fourth Amendment: defended against unreasonable searches and seizures.
Fifth to Eighth Amendments: ensured due process, trial by jury, and protections from cruel punishments.
Ninth Amendment: affirmed that rights not listed were still retained by the people.
Tenth Amendment: reserved powers not delegated to the federal government to the states and people.
Bill of Rights: The collective name for the first ten amendments to the U.S. Constitution, ratified in 1791, securing essential liberties and limiting federal power.
The Bill of Rights reassured sceptics of federal authority, increased legitimacy of the new republic, and set enduring precedents in American political culture.
Impact and Significance
Strengthened popular support for the Constitution by addressing Anti-Federalist concerns.
Provided the foundation for judicial interpretation of civil liberties.
Established a balance of power between state and federal authority.
Illustrated compromise and adaptation in the new political system.
Washington’s Presidency and the Succession Problem
Washington’s Presidency
George Washington, unanimously elected in 1789 and again in 1792, embodied unity and authority. His presidency shaped the role of the executive:
He oversaw creation of the cabinet system (with figures such as Alexander Hamilton and Thomas Jefferson).
He supported Hamilton’s financial programme, strengthening federal control over revenue and the economy.
He maintained neutrality in European conflicts, particularly through the Proclamation of Neutrality (1793).
Washington’s personal prestige ensured stability in the fragile republic, but his eventual retirement raised acute questions of political succession.
Emergence of Political Divisions
By the mid-1790s, Federalists and Democratic-Republicans were locked in bitter rivalry.
Federalists, led by Alexander Hamilton, favoured strong central government, commercial expansion, and closer ties with Britain.
Democratic-Republicans, led by Thomas Jefferson and James Madison, championed agrarianism, states’ rights, and sympathy for revolutionary France.
The growing factionalism deepened uncertainty over who could replace Washington without destabilising the republic.
Faction: An organised political group within a larger system, often pursuing its own interests at the expense of broader unity.
Washington warned against such factions in his Farewell Address (1796), urging unity, morality in public life, and neutrality in foreign affairs.
The Election of 1796
The presidential election of 1796 marked the first contested transfer of executive power.
Federalist candidate: John Adams, serving as Washington’s Vice-President, represented continuity of Federalist policies.
Democratic-Republican candidate: Thomas Jefferson, author of the Declaration of Independence, symbolised opposition to Federalist dominance.
Adams won by a narrow margin in the Electoral College, becoming the second President, with Jefferson as Vice-President due to the electoral rules.
State-by-state map of the 1796 Electoral College results, showing where Adams (Federalist) and Jefferson (Democratic-Republican) prevailed. Use it to visualise sectional support and why the outcome produced a President and Vice-President from opposing parties under the original rules. Source
Significance of the Succession
Demonstrated that the new republic could achieve a peaceful transfer of power.
Highlighted divisions between north-eastern commercial Federalists and southern agrarian Republicans.
Exposed flaws in the electoral system, particularly the awkward outcome of President and Vice-President from opposing parties.
Raised doubts about whether political unity could survive without Washington’s unifying authority.
The Dual Legacy of 1791–1796
The years between the Bill of Rights and Washington’s retirement encapsulated the early republic’s tensions. On one hand, rights and freedoms were enshrined in law; on the other, the fragility of unity was laid bare. Washington’s departure tested the durability of constitutional mechanisms, and the emergence of rival parties signalled the republic’s political maturation.
FAQ
Federalists initially argued that the Constitution already limited government powers, making a bill unnecessary. They feared listing rights might imply unlisted rights could be denied.
However, political pressure from Anti-Federalists, combined with widespread popular demand, led to acceptance. Madison reframed the amendments as a way to strengthen trust in the Constitution rather than weaken it.
The amendments reassured citizens that the federal government would not behave like Britain’s monarchy or Parliament.
They underlined the principle that sovereignty ultimately rested with the people.
The Tenth Amendment explicitly limited federal scope, boosting confidence among states wary of central power.
The amendments symbolised compromise, helping stabilise the fragile Union in its early years.
Washington sought to remain neutral between Federalists and Democratic-Republicans, but his policies often leaned towards Federalist ideas, especially Hamilton’s economic measures.
His neutrality frustrated Republicans, who accused him of favouring elites. By his second term, attacks from partisan newspapers intensified, eroding his image as an impartial figure.
The electoral rules created practical difficulties:
Adams and Jefferson had opposing visions of government, leading to paralysis.
Cabinet members often sided with Hamilton, undermining Adams.
Foreign policy crises, particularly with France, highlighted the risks of divided leadership.
This awkward arrangement showed the urgent need for reform, later addressed in the 12th Amendment (1804).
By stepping down voluntarily, Washington established the precedent of a two-term limit, which lasted until Franklin D. Roosevelt.
His departure signalled that the presidency was not a lifetime post, ensuring a republican system rather than an elective monarchy.
Practice Questions
Question 1 (2 marks)
In which year was the United States Bill of Rights ratified, and why was it introduced?
Mark Scheme:
1 mark for identifying the correct year: 1791.
1 mark for explaining why it was introduced: to protect individual liberties/limit federal power/respond to Anti-Federalist concerns.
Question 2 (6 marks)
Explain why the presidential election of 1796 created difficulties for the early United States.
Mark Scheme:
Up to 2 marks for describing the background: Washington’s retirement left a vacuum; first contested transfer of executive power.
Up to 2 marks for outlining the outcome: Adams became President, Jefferson became Vice-President due to electoral rules, despite being political opponents.
Up to 2 marks for explaining the consequences: revealed deep divisions between Federalists and Democratic-Republicans, exposed flaws in the electoral system, raised concerns about maintaining unity without Washington’s authority.
