The US Constitution

The US Constitution Politics 101, Section 6 Tuesday and Thursday, 9:30–10:45, Kendall 333 Fall 2018, Hillsdale College Matthew D. Mendham, Ph.D. mmendham@hillsdale.edu Office phone: 517-607-2724 Office: Kendall 406 Office hours: Monday 10:30–12:30, Wednesday 3:30–5:00, Friday 2:30–3:30, and by appointment Course Description What was the United States Constitution meant to accomplish? Its original meaning is fiercely contested, and sometimes dismissed as impossible to know. This course attempts to shed light on its fundamental purposes, and the mechanisms established for best attaining them. Our main sources are the explanations offered by the leading figures of the Founding era, including not only the authors of the Constitution but also its opponents. Secondarily, we explore the first great challenge to American constitutionalism: the controversies surrounding slavery. These forced Americans to confront in an urgent way the meanings of liberty and equality in the Constitution and the Declaration of Independence, ultimately bringing forth what Li ol alled a e i th of f eedo . Although fo usi g o the pe iod f o the Fou di g to Reconstruction, we also look back at some of the main predecessors and alternatives to American republicanism, as well as forward to more recent controversies. Our direct inquiries are historical and philosophical, but they extend to issues of deep interest to every reflective citizen. These include the possible tensions between liberty and equality, the character traits needed to sustain a healthy republic, the search for justice among racial and religious groups, the legitimate purposes of an energetic government, and the taming of tyranny through self-government, natural rights, and constitutional limitations. By understanding some of the highest and lowest points in our political history, we might more thoughtfully consider what are—or ought to be—the deepest commitments of the American constitutional republic. Required Materials Bring a hard copy of the assigned reading to class every day, including the course packet (abbreviated as .p. he assig ed. B i g p i ted opies of the ate ial f o Blackboard a e iated as BB . The Federalist. Ed. J. R. Pole. Indianapolis: Hackett, 2005. Locke, John. Second Treatise of Government. Ed. C. B. Macpherson. Indianapolis: Hackett, 1980. The U.S. Constitution: A Reader. Ed. Hillsdale College Politics Faculty. Hillsdale College Press, 2012. Course Requirements and Grading Attendance, Attention, and Participation (20% of final grade). Regular attendance and at least occasional discussion are expected of each student. For a class meeting twice per week, two unexcused absences are acceptable. Students with good attendance and alertness will earn 80% credit here, with higher grades being reserved for those who have done this and contributed to discussion. If you find it difficult to speak 1 in class, you may compensate for this by discussing our readings with the professor during office hours or by email. Using a laptop in class will count as being half absent for that day, since intellectually speaking, you probably would be. Using cell phones in class will also lead to deductions. Quizzes (20% of final grade). Every Thursday, you should be prepared for a possible quiz. It will cover the readings for that concluding week. The questions are mainly intended to ensure that the students have done the reading entirely and carefully, but will not expect profound mastery of the material. Quizzes will be in multiple choice and/or short answer format. The lowest quiz grade will be removed; this would include any quiz that was missed due to unexcused absence, which would thus earn no credit. No make-up quizzes will be offered for unexcused absences. Response Essays (10% of final grade each; combined 20%). Two Response Essays of 2-3 pages each (double-spaced, standard format). Each one should choose for analysis one assigned reading (i.e., all the readings assigned for a given class period). Once that assigned reading has been discussed in class, your essay would be due at the beginning of the next class period. You have the option of writing a third essay and thereby having the lowest grade of the three removed. Each essay should cite specific pages or section numbers, focusing on the reading more than the lecture. It should present an overview of the reading, focus on one theme, or highlight a set of related themes. It should demonstrate thorough comprehension, and if possible, defend a particular interpretation, or offer an evaluative response. No outside research is expected or recommended, although brief comparisons with other class readings and themes are welcome. Consulting online guides and online essays that are not peer-reviewed does not count as research; this is strongly discouraged and runs high risks of falling into plagiarism. Exams (Midterm 15% and Final 25%; combined 40% of final grade). Exams will draw from readings, lectures, and discussions. They will be designed to reveal how deeply and clearly the student has grasped the fundamental arguments, concepts, and events we have studied. The Final will cover only the materials which follow the Midterm. Course and University Policies Honor Code. The Hillsdale College Ho o Code ill e e fo ed: A Hillsdale College stude t is ho o a le i conduct, honest in word and deed, dutiful in study and service and respectful of the rights of others. Through education the student rises to self-go e e t. Please o sult the p ofesso ith a uestio s about appropriate use of sources, or collaboration with other students. Excused Absence Policy. Credibly documented illness may be counted as excused, at the discretion of the professor. As for absences due to college-sponsored events (e.g., athletic competitions, debate, forensics), a stude t’s p i a ollegiate espo si ilit is a ade i ; the efore, these should be rare. When they are unavoidable, students are responsible for notifying the professor in advance. Regardless of absences, students are responsible for meeting the standard of knowledge established by the professor for the class. Disabilities. Students with documented disabilities are required to notify the professor as soon as possible if accommodation is needed. The professor will provide all reasonable accommodations to students with disabilities, but students are not exempted from fulfilling the normal requirements of the course. Work completed before the student notifies the professor of the disability may be counted toward the final grade at the discretion of the instructor. 2 Course Reading Schedule I. To Throw off Such Government: Justifying the American Revolution T Sep. 4. The Bi le, Ro a s : – : .p. # , p. ; Tho as A ui as, Su a Theologiae AD – , I-II Joh Cal i , I stitutes of the Christia Religio AD – .p. - , - . . , II-II . .p. , Book IV, Chapte R Sep. 6. Thomas Hobbes, Leviathan (1651), from Chapter 13 (c.p. #2, pp. 75-77); Joh Lo ke, Seco d Treatise of Gover e t , Chapte s - , a d pp. Ale a de Ha ilto , The Fa e Refuted ; Reader - . , , - ; , se tio s - - , - ; T Sep. 11. Joh Lo ke, Seco d Treatise of Gover e t, Chapte , §§ - , a d Chapte , §§ pp. - , - ; Gad Hit h o k, A Ele tio “e o ; Reader 93-94); Thomas Jefferson (lead author), The Declaration of Independence (1776; Reader 5-9); Jefferson, letter to Henry Lee (May 8, 1825; Reader 11-12); Jefferson, letter to Roger Weightman (June 24, 1826; Reader 109-10). - pp. II. Private Rights and the Public Good: The Purpose(s) Of Government R Sep. 13. Plato (427–347 BC), Gorgias, 491d-495a, 515a-519b, and 521a-527e (c.p. #3); Aristotle (384–322 BC), Nicomachean Ethics, Book VIII, ch. 10; Book X, ch. 9 (c.p. 154-56, 198-201). T Sep. 18. Augustine, selections from letters on the Donatists (AD 392–408; c.p. #4, pp. 195-97, 201-3); Aquinas, Summa Theologiae, II-II 10.8, 10.11, 11.3 (c.p. 190-95); Locke, Letter concerning Toleration (1689; c.p. 30-37). R Sep. 20. George Mason (lead author), Virginia Declaration of Rights (1776; Reader 115-17); Jefferson (lead author), Virginia Statute for Religious Freedom (1777; Reader 135-36); Jefferson, Notes on the State of Virginia (1782, 1787), Query XVII (c.p. #5, pp. 283-87); George Washington, letter to the Society of Quakers (October 1789; c.p. 265-66); The Constitution of the United States of America (1787, ratified 1788), Amendments I-X (1791; Reader 58-60); Jefferson, letter to the Danbury Baptists (Jan. 1, 1802; Reader 153-54). T Sep. 25. The Constitution, Preamble (Reader 47); Essays of Brutus, from No. I (October 1787; c.p. #6, pp. 113-17); The Federalist (1787-1788), by Alexander Hamilton, James Madison, and John Jay; Madison, No. 10 (pp. 48-54. Editor’s foot otes in The Federalist are optional); Madiso , Pa ties ; c.p. 504-5); Madiso , P ope t ; Reader 155-57). III. Keeping the Republic: Education and Culture R Sep. 27. Jeffe so , A Bill fo the Mo e Ge e al Diffusio of K o ledge (1778), Sections I, VI, XVI, and XIX (c.p. #7, pp. 365, 367, 372-73); John Adams (lead author), Massachusetts Constitution of 1780, Preamble; Part the First, Articles I-III; Part the Second, Chapter V, Section I, Articles I-II, and Section II (c.p. 441-43, 465-66, 467); The Northwest Ordinance (1787), Preamble, Section 13—Article III (Reader 124-25). 3 T Oct. 2. Da iel Walke Ho e, Ja kso ia De o a a d the Rule of La ; .p. # , pp. - ; A aha Li ol , Add ess to the You g Me ’s L eu : The Pe petuatio of Ou Politi al I stitutio s ; .p. - . R Oct. 4. Ale is de To ue ille, De ocracy i A erica , f o Chapte ; Vol. , Pa t , Chapte s a d . , , Volu e I, Pa t , f o Chapte ; Pa t .p. # , pp. - , - , - , - , - T Oct. 9. Midterm Exam. IV. Inventions of Prudence: Constitutional Structures R Oct. 11. (The legislative powers). Letters from the Federal Farmer, No. II (October 1787; c.p. #10, pp. 3943); Madison, The Federalist, No. 55 (pp. 300-4); from No. 57 (pp. 309-11: end 311 after last full paragraph); No. 62 (pp. 331-36); Akhil Reed Amar, A erica’s Co stitutio (2005; c.p. 64-66); The Constitution, Article I, Sections 1-7 (Reader 47-50). T Oct. 16. (The enumerated powers). Hamilton, The Federalist, No. 31 (pp. 164-67); Jefferson, Opinion on the Constitutionality of a National Bank (1791; c.p. #11, pp. 416-19, 420-21); Hamilton, Opinion on the Constitutionality of a National Bank (1791; c.p. 613, 616-19, 632-33, 644); Madison, Veto Message to Congress (1817; c.p. 718-20); John Quincy Adams, State of the Union Message (1825; c.p. 11-12, 17-18, 20-22); Andrew Jackson, Bank Veto Message (1832; c.p. 1002-4); The Constitution, Article I, Sections 8-9 (Reader 50-52). Thursday, Oct. 18. No class (Fall Break). T Oct. 23. (The executive power). Hamilton, The Federalist, from No. 70 (pp. 374-75: end 375 after last full paragraph); Hamilton, No. 71 (pp. 382-85); Hamilton, from No. 72 (pp. 386-89, end 389 after the first paragraph); Lincoln, Message to Congress in Special Session (1861; Reader 598-99, begin 598 with last paragraph, end 599 after first paragraph); The Constitution, Article II (Reader 53-55). R Oct. 25. (The judicial power). Essays of Brutus, No. XV (1788; c.p. #12, pp. 182-87); Hamilton, The Federalist, No. 78 (pp. 411-18); Lincoln, Speech on the Dred Scott Decision (1857; Reader 503-4, end 504 after second paragraph); The Constitution, Article III (Reader 55-56). T Oct. 30. (Separation of powers). Madison, The Federalist, from No. 47 (pp. 261-64: end 264 after first full paragraph); from No. 48 (pp. 268-71: end 271 after first paragraph); Nos. 49 and 51 (pp. 273-76, 280-84).  Last possible day for submitting your first Response Essay. 4 R Nov. 1. (Federalism and the states). Articles of Confederation (1781), Preamble and Articles I-III, V, VIII, and XIII (Reader 163-64, 164-65, 166, and 170); Washington, letter to John Jay (Aug. 15, 1786; Reader 183-84); The Constitution, Preamble, Article I, Section 10, and Articles IV-VII (Reader 47, 52, 56-57); Hamilton, The Federalist, from No. 6 (pp. 21-22, 24-25: end 22 after first paragraph, begin 24 with the first full paragraph, end 25 after the first paragraph); Hamilton, No. 9 (pp. 41-47); Madison, from No. 14 (pp. 71-73: begin 71 at line 79); Madison, No. 45 (pp. 250-54). V. Equal Liberty For All? The Constitution and the Declaration T Nov. 6. Locke, Second Treatise of Government, chapter 2, § , a d hapte , §§ pp. , ; The Declaration of Independence, paragraphs 1-2 (Reader 5-6); Jefferson, from the draft of the Declaration of Independence (Reader 397); Jefferson, Notes on the State of Virginia (written 1781, published 1785), from Query XIV (c.p. #13, 26370), and Query XVIII (Reader 403-4); Jefferson, letter to Henri Gregoire (Feb. 25, 1809; Reader 413). R Nov. 8. Washington, Adams, Franklin, Hamilton, and Madison, selections on slavery (Reader 401-2); The Northwest Ordinance (1787), Articles IV and VI (Reader 125-26, 127); The Missouri Compromise (1820), Section VIII (Reader 443); Jefferson, letter to John Holmes (April 22, 1820; Reader 427-28); John C. Calhoun, Speech on the Reception of Abolition Petitions (1837; Reader 417-18: begin 417 at first full paragraph); Calhoun, Speech on the Oregon Bill (1848; Reader 421-25: begin 421 at last full paragraph); Frederick Douglass, Narrative of the Life of Frederick Douglass, An American Slave (1845; c.p. #14, pp. 93-94); Stephen Douglas, Speech at Chicago (1858; Reader 519-22: begin 519 at last paragraph). T Nov. 13. Lincoln, Speech on the Kansas-Nebraska Act (1854; Reader 467-79); Abraham Lincoln, letter to George Robertson (Aug. 15, 1855; c.p. #15, pp. 359-60); Lincoln, from Speech on the Dred Scott Decision (1857; Reader 507-8: begin 507 at the last paragraph, end 508 after the long paragraph); Lincoln, fragment on slavery and democracy (ca. 1858; c.p. 484); Lincoln, letter to Henry L. Pierce (April 6, 1859; c.p. 18-19); F. Douglass, Add ess o the Dedi atio of the F eed e ’s Mo u e t to A aha Li ol ; c.p. 436-37). 5 VI. Crisis of the House Divided: Secession, Civil War, and Reconstruction R Nov. 15. Hamilton, letter to Madison (July 19, 1788; c.p. #16, pp. 177-78); Madison, letter to Hamilton (July 20, 1788; c.p. 408); Virginia Resolutions of 1798 (Madison, anonymous lead author; c.p. 170-71); Allen Guelzo, Fateful Lightning: A New History of the Civil War and Reconstruction (2012; c.p. 17-23); Madison, letter to Edward Everett (August 28, 1830; Reader 429-31, 433-37: end 431 after first paragraph, begin 433 at the last paragraph); Republican Platform of 1856 (Reader 481-83); Li ol , A House Di ided ; Reader 511-12: end 512 after first paragraph); South Carolina Secession Declaration (December 1860; Reader 569-74). T Nov. 20. Lincoln, First Inaugural Address (March 1861; Reader 585-92); Robert E. Lee, letters to Winfield Scott, and others (April 20, 1861; c.p. #17, pp. 8-10); Lincoln, Message to Congress in Special Session (July 1861; Reader 600, 603-5: only the last full paragraph on 600; start 603 at the last paragraph, end 605 after the first paragraph). Thursday, Nov. 22. No class (Thanksgiving Break). T Nov. 27. Lincoln, letter to Horace Greeley (August 1862; c.p. #18, pp. 357-58); Lincoln, meditation on the divine will (c. early September 1862; c.p. 359); Lincoln, The Emancipation Proclamation (January 1863; Reader 607-9); Lincoln, The Gettysburg Address (November 1863; Reader 611-12); Lincoln, letter to Lydia Bixby (November 1864; c.p. 644); Lincoln, Second Inaugural Address (March 1865; Reader 613-14). R Nov. 29. Amar, A erica’s Co stitutio (2005; c.p. #19, pp. 371-76, 380-81, 395-99); The Constitution, Amendments XIII (1865), XIV (1868), and XV (1870; Reader 61-62).  Last possible day for submitting your second (or optional third) Response Essay. VII. The Progress of a Maturing Society: On the Living Constitution T Dec. 4. Obergefell v. Hodges (2015, c.p. #20); Syllabus (p. 1); Opinion of the Court, by Justice Anthony Kennedy (pp. 6-19, 23-27, 28); Dissent, by Chief Justice John Roberts (pp. 1-6, 7-9, 11-13, 20-23, 24-29). R Dec. 6. Miller v. Alabama (2012, c.p. #21); Syllabus (pp. 1-3); Opinion of the Court, by Justice Elena Kagan (pp. 6-10, 16-17); Dissent by Justice Samuel Alito (pp. 1-7); Recommended: Wood o Wilso , What Is P og ess? ; Reader 638-43: begin 638 at last paragraph). Friday, Dec. 14, 8:00 a.m. Final Exam. 6