DEBATING THE AMERICAN FOUNDING

DEBATING THE AMERICAN FOUNDING

READING(LIST(( AND((

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JEFFERSON(CITY,(MO(( JANUARY(26,(2016(

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( DEBATING THE AMERICAN FOUNDING Instructors: Dr. David Alvis and Dr. Stephen Belko

Description: This seminar offers an overview of the principles of the American Founding and the documents that embody them, especially the Declaration of Independence and U.S. Constitution. These principles will be illuminated through a close study of the events of the American Revolution and the struggle over ratification of the Constitution.

Objectives:

To increase participants' familiarity with and understanding of: ? the fundamental principles animating the American Founding; ? the principles of liberty and equality in the American Revolution; ? the defects of the Articles of Confederation; ? the problem of majority tyranny; ? the role of a large republic in mitigating the problems of majority rule ? the main structures and procedures of the new American government, especially the concept of separation of powers; ? The Federalist Papers and their place in the Ratification debates of 1787-1788;

SESSION I (8:30am-9:30am) Topic: "A New Order for the Ages" Focus: Lincoln wrote that in the Declaration's principle of "liberty for all" we find the "philosophical cause" of America's great prosperity. How does Lincoln understand the relation between the Declaration and the Constitution, between the apple of gold and the picture of silver? How does Lincoln understand the relation between the Declaration and the Constitution, between the apple of gold and the picture of silver? Does the Declaration of Independence make a coherent argument in light of the evolution of the American Revolution? How does the historical debate between the Americans and the British over taxation clarify the principles of the Declaration? Explain the reasoning in the second paragraph of the Declaration. What is meant by the phrase "all men are created equal?" Of what relevance is this statement for the constitution of political life? How does this assertion inform our understanding of just and unjust forms of government? How does the long list of charges in the middle of the Declaration relate to the principles at the beginning of the document and the call to action at the end?

Readings:

? Abraham Lincoln, "Fragment on the Constitution" ? James Otis, "The Rights of British Colonies Asserted and Proved." ? Daniel Dulany, "Considerations of the Propriety of Imposing Taxes on the British

Colonies" ? Richard Bland, "An Enquiry into the Rights of British Colonies" ? Thomas Jefferson, A Summary View of the Rights of British America ? "The Declaration of Independence"

SESSION II (9:40am-10:30am) Topic: ""A Frame of Silver": Republicanism and Union

Focus: What were the underlying principles governing the creation of the Articles of Confederation? What were the chief defects of the Confederacy? To what degree do the assumptions behind the Articles of Confederation fail to complement the principles of the Declaration of Independence? What improvements in "the science of politics" did Publius think necessary to make the republican form of government defensible? What is Federalist 10's republican remedy for the problem of faction? Why is Brutus critical of the proposed Constitution? How does Brutus differ from Publius in his understanding of republican government? Which argument do you find more persuasive?

Readings

? James Madison, Vices of the Political System of the United States

? The Federalist Papers, #10: ? Antifederalist Papers, Brutus #1

SESSION III (10:45am-11:45am)

Topic: The Judiciary and Judicial Review

Focus: In this section we will examine the role of the Court and the debate between the Federalist and the Antifederalist over the Judiciary American politics. The Antifederalists feared that the Court would prove to be subversive to democratic government in the United States. As Brutus declared: "There is no power above them that can correct their errors." Alexander Hamilton, on the other hand, maintained that the Court would prove to be "the least dangerous branch of government." What arguments do the Federalists offer to defend the role of the Courts and the doctrine of judicial review? What degree of power do the Federalists believe the Court will wield. What is Brutus's critique of the Courts and judicial review? What dangers does he suspect that the Court will pose to republicanism in America?

Readings

? Article III of the U.S. Constitution (CP) ? The Federalist Papers #78 ? The Antifederalist Papers, Brutus Letter XV

Further Reading:

Jack( P.( Greene,( Peripheries(and(Center:(Constitutional(Development(in(the(Extended(Polities(of(the(British( Empire(and(the(United(States,(1607@1788( ( Jack(P.(Greene,(Negotiated(Authorities:(Essays(in(Colonial(Political(and(Constitutional(History( ( Bernard(Bailyn,(The(Ideological(Origins(of(the(American(Revolution( ( Gordon(Wood,(The(Creation(of(the(American(Republic,(1776@1787( (

Merrill( Jensen,( The(Articles(of(Confederation:(An(Interpretation(of(the(Social@Constitutional(History(of(the( American(Revolution,(1774@1781( ( Forrest(McDonald,(E(Pluribus(Unum:((The(Formation(of(the(American(Republic,(1776@1790( ( Forrest(McDonald,(Novus(Ordo(Seclorum:(The(Intellectual(Origins(of(the(Constitution(( ( Jack(N.(Rakove,(Original(Meanings:(Politics(and(Ideas(in(the(Making(of(the(Constitution( ( Jackson(Turner(Main,(The(Antifederalists:(Critics(of(the(Constitution,(1781@1788(((

Herbert Storing, What the Antifederalists Were For

Pauline Maier, Ratification: The People Debate the Constitution, 1787-1788

Leonard Levy and Dennis Mahoney, eds., The Framing and Ratification of the Constitution

Michael A. Gillespie and Michael Lienesch, eds., Ratifying the Constitution

Robert Rutland, The Birth of the Bill of Rights, 1776-1791

Irving Brant, The Bill of Rights: Its Origins and Meanings

Leonard Levy, Origins of the Bill of Rights

Richard Beeman, Stephen Botein, and Edward C. Carter II, eds., Beyond Confederation: Origins of the Constitution and American National Identity

Jack P. Greene, ed., The Reinterpretation of the American Revolution, 1763-1789

(

SESSION I

"A New Order for the Ages"

Readings: ? Abraham Lincoln, "Fragment on the Constitution" ? James Otis, "The Rights of British Colonies Asserted and Proved." ? Daniel Dulany, "Considerations of the Propriety of Imposing Taxes on the British Colonies" ? Richard Bland, "An Enquiry into the Rights of British Colonies" ? Thomas Jefferson, A Summary View of the Rights of British America ? "The Declaration of Independence"

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