northern nevada teaching american history project september 2011 framing the constitution
TRANSCRIPT
NORTHERN NEVADA TEACHING AMERICAN HISTORY PROJECT
SEPTEMBER 2011
Framing the Constitution
How do you currently teach the Articles of Confederation and the making of the Constitution?
Articles of Confederation: failure? In whose view? Complexities?
How do you currently teach the Articles of Confederation and the making of the Constitution?
Articles of Confederation: failure? In whose view? Complexities?
Making of the Constitution: triumph? In whose view? Complexities?
How do you currently teach the Articles of Confederation and the making of the Constitution?
Articles of Confederation: failure? In whose view? Complexities?
Making of the Constitution: triumph? In whose view? Complexities?
Other aspects that you address with your students?
What were the “Framers” drawing upon:intellectually, experientially, and politically?
What were the “Framers” drawing upon:intellectually, experientially, and politically?
Intellectual frameworks: defining “constitution” What do WE mean by the term “constitution”?
What were the “Framers” drawing upon:intellectually, experientially, and politically?
Intellectual frameworks: defining “constitution” What do WE mean by the term “constitution”? What did Americans in 1787 mean by that word?
(recent experience = constitutions of new states; but also “small-c” vs. “big-C” constitutions)
What were the “Framers” drawing upon:intellectually, experientially, and politically?
Intellectual frameworks: defining “constitution” What do WE mean by the term “constitution”? What did Americans in 1787 mean by that word?
(recent experience = constitutions of new states; but also “small-c” vs. “big-C” constitutions)
How had the definition of “constitution” developed from the 1600s to 1787? (this takes us to the English/British system)
English “constitutionalism” in the 17th-18th centuries
The common-law tradition What is “common law”? Where does it come from? What about a written, national constitution? (England
did not have one—still doesn’t) What did the common law mean to people in England,
and in England’s North American colonies? (protected “the rights of Englishmen”—linchpin = the jury system)
English “constitutionalism” in the 17th-18th centuries
The structure of the English “constitution” King (monarchy): ideas about “divine right of kings”
and absolute rule in the early to mid-1600s; changes in late 1600s
Parliament: House of Lords (aristocracy), House of Commons (the broader populace)
“King-in-Parliament”: the system as operated in the 1700s
Who voted for members of Parliament? Whom did Parliament “represent,” and how? (virtual representation)
English “constitutionalism” in the 17th-18th centuries
Sources of ideas about sovereignty and rights Emerging “natural rights” philosophy (John Locke):
“natural” and “civil” liberty
English “constitutionalism” in the 17th-18th centuries
Sources of ideas about sovereignty and rights Emerging “natural rights” philosophy (John Locke):
“natural” and “civil” liberty Earlier “classical” philosophy re-emerges in the 18th
century, in the thinking of “radical Whigs”: power vs. liberty, the need for “citizen/civic virtue” to counter the encroachments of power
English “constitutionalism” in the 17th-18th centuries
Sources of ideas about sovereignty and rights Emerging “natural rights” philosophy (John Locke):
“natural” and “civil” liberty Earlier “classical” philosophy re-emerges in the 18th
century, in the thinking of “radical Whigs”: power vs. liberty, the need for “citizen/civic virtue” to counter the encroachments of power
Another key thinker: Montesquieu Big-C “Constitutions” (whether written or not) must
reflect the small-c “constitutions” of the societies they are to govern—or else the Big-C Constitution won’t work
The experience of government(s) in American colonies (pre-1776) and early states (1776-1780s)
The structure of colonial governments
British Crown (through Privy Council & Board of Trade)
Royal GovernorAppointed by the crown Has final approval on lawsOversees colonial trade Can dismiss colonial
assembly
Council Colonial AssemblyAppointed by governor Elected by eligible colonistsAdvisory board to governor Makes lawsActs as highest court in colony Has authority to tax
Pays governor’s salary
The experience of government(s) in American colonies (pre-1776) and early states (1776-1780s)
How did colonial governance differ from governance in Great Britain (King-in-Parliament, etc.)? Broader suffrage among free white males Assembly members elected from specific districts,
answerable to constituents in those districts (not “virtual representation”)
The experience of government(s) in American colonies (pre-1776) and early states (1776-1780s)
The creation of new state constitutions, 1776-1780 Constitutions as WRITTEN documents, expressing
“supreme” law (above the common law, ordinary legislation, etc.)
Legislative supremacy in most states: weak executives, strong legislatures
Widened representation: more members in legislatures, closer to the people represented (more, smaller districts)
Underlying concept: popular sovereignty, based on “civic virtue” in the people
The experience of government(s) in American colonies (pre-1776) and early states (1776-1780s)
The Articles of Confederation (1777) Let’s read some of these together (Major Problems pp.
37-40)
The experience of government(s) in American colonies (pre-1776) and early states (1776-1780s)
The Articles of Confederation (1777) Let’s read some of these together (Major Problems pp.
37-40) Where does “sovereignty” lie? What is the nature of “the United States” as an entity?
(“firm league of friendship”) What are the powers of “the United States in
Congress assembled” (and what does THAT phrase mean, anyway?)
In what ways does the document limit the powers of states?
How can the Articles of Confederation be amended?
Movement for a stronger central government, 1780s
Experience: Fighting the American Revolution—constraints on the
“national” war effort (Washington, Hamilton) Inter-state disputes after the war—disagreements
over boundaries, trade, etc. (Madison) “Conflagrations” within states that threatened to
spread across the states (Shays’s Rebellion)
Movement for a stronger central government, 1780s
Experience: Fighting the American Revolution—constraints on the
“national” war effort (Washington, Hamilton) Inter-state disputes after the war—disagreements
over boundaries, trade, etc. (Madison) “Conflagrations” within states that threatened to
spread across the states (Shays’s Rebellion)Which Americans would have been most
likely to want a stronger national government? And which would NOT have wanted such a government?
Toward May 1787
September 1786: Annapolis Convention 12 delegates from 5 states (NJ, NY, PA, DE, VA) Attempts to deal with trade barriers between states Calls for a broader convention to be held in
Philadelphia in May 1787
Toward May 1787
September 1786: Annapolis Convention 12 delegates from 5 states (NJ, NY, PA, DE, VA) Attempts to deal with trade barriers between states Calls for a broader convention to be held in
Philadelphia in May 1787Late 1786 to April 1787:
Madison studies the history and government of ancient and modern nations
States select delegates to the convention (all except RI)
The “Federal Convention”
What was it authorized to do? (recommend changes to the Articles of Confederation)
The “Federal Convention”
What was it authorized to do? (recommend changes to the Articles of Confederation)
What did the delegates decide to do? (propose an entirely new constitution)
The “Federal Convention”
What was it authorized to do? (recommend changes to the Articles of Confederation)
What did the delegates decide to do? (propose an entirely new constitution)
Basic rules of the convention Nothing is decided until everything is decided (why?) Confidentiality: don’t leak the proceedings (why?) Rule of debate: nobody speaks a second time on an
issue until everyone who wants to speak on that issue has spoken
The “Three Plans”: An Exercise in Historical Thinking and Understanding
Virginia Plan (written by Madison, proposed by Edmund Randolph, May 29)
New Jersey Plan (proposed by John Dickinson, June 15; defeated June 19, 7-3-1)
Alexander Hamilton’s Plan (June 18)
Resource Exploration:Teaching Websites on the American Founding
www.teachingamericanhistory.org/founding.html Created by Gordon Lloyd, Pepperdine University The Constitutional Convention The Federalist-Antifederalist Debate The Ratification of the United States Constitution