Engaging with American Democracy » September 2nd: The Constitution of the United States

September 2nd: The Constitution of the United States

The Constitution of the United States (National Archives)

Announcements

  • Charlotte Debate Team Practices
    Tuesdays, 5:30pm-6:30pm
    Room: Fretwell 219
  • First Tournament is Online
    Friday, September 26th, and Saturday, September 27
    Plenty of time to be ready!
  • Charlotte Speech Team
    • Meets Wednesdays in Colvard 5090 (or really close by)
      • For those interested in:
        • Prose (plot-focused), Poetry (combination), Dramatic Interpretation, Oral Interpretation (combination), Informative Speaking, Persuasive Speaking, After Dinner Speaking (humorous), Rhetorical Analysis, Impromptu (2 min to prepare, 5 to speak), Extemporaneous Speaking (30 min to prepare, 7 mi speech)
        • National Tournaments have Impromptu Sales (2 min prep, 5 min sales pitch)

Plan for the Day

  • Heads Up on Class Fun!
    • Test 1 next week
    • Rationale for the reading order over the next few weeks
  • Places not to overlook with de Crèvecoeur
  • The Mecklenburg Declaration of Independence, May 20, 1775 (???)
  • Madison, James. The Constitution of the United States
  • Although federalism, preemption, separation of powers, judicial review, and checks & balances are extremely important to the Constitution, we’ll cover those topics in more detail when we get to these founding/living documents:
    • Bill of Rights
    • Key Amendments
    • Federalist Papers
  • Democracy/Liberty/Freedom/ETC. quotation:
    Getting to the actual source
    • Below is the “typical” excerpt of today’s quotation from James Madison:
      “The advancement and diffusion of knowledge…is the only guardian of true liberty.”
      –letter to George Thomson, 30 June 1825, Letters and other Writings of James Madison (1865) vol. 3 [c.f. Oxford Reference]
    • The full excerpt is this:
      “Your old friend, Mr. Jefferson, still lives, and will close his illustrious career by bequeathing to his Country a magnificent Institute for the advancement and diffusion of knowledge; which is the only Guardian of true liberty, the great cause to which his life has been devoted.”
      –Madison, James. Letter to George Thomson. 30 June 1825.” Letters and other Writings of James Madison: Fourth President of the United States. vol. 3, R. Worthington, 1884, pp. 490-492. (1865) vol. 3
    • The “Institute” is the University of Virginia
    • What’s lost in the full quotation?
Abridged ExcerptFull Excerpt
“The advancement and diffusion of knowledge…is the only guardian of true liberty.”“Your old friend, Mr. Jefferson, still lives, and will close his illustrious career by bequeathing to his Country a magnificent Institute for the advancement and diffusion of knowledge; which is the only Guardian of true liberty, the great cause to which his life has been devoted.”

The Mecklenburg Declaration of Independence

I know you’ve been patiently waiting for our discussion of The Mecklenburg Declaration of Independence, and your wait is over! After a brief overview of today and Thursday, we’ll get right to the bizarre history of Meck-Dec and what it means for both America’s early democracy and also license plates.

The Constitution of the United States

It’s time to reiterate how we’re approaching this document. This rhetorical approach looks for the messages of the text as they relate to broader American ideals, themes, values, etc.–ideology or, more specifically, hegemony. This is NOT the historical, political science, and Constitutional scholarship approaches we would expect in a legal studies context. Several of you might aspire to practice law, so you’ll dive deeper into the legal rulings based on constitutional interpretations over the Nation’s history. If you want a preview into the law, I recommend our Legal Studies Minor. Also, if you plan to be a (good) attorney or judge, I highly recommend honing your debate skills, and I have just the activity for you: The Charlotte Debate Team! The last two times I interacted with lawyers, they shut down the conversation because they weren’t able to deny the merits of my arguments. This level of rhetorical prowess can be taught, and it’s been practiced for thousands of years, and it is AI-proof.

Map of the 13 Original Colonies

Let’s take a look at the shape of Colonial America, specifically, the 13 Original colonies. Consider these questions:

  • What do you notice about them geographically?
  • What patterns do you see?
  • What regional differences are there?

James Madison, The Father of The US Constitution

James Madison is credited as the biggest contributor to drafting the Constitution and the Bill of Rights. He, along with John Jay and Alexander Hamilton, championed the ratification of the Constitution by authoring the Federalist Papers (we’ll get to the Bill of Rights and a few Federalist Papers in a couple weeks). Here are some key aspects of his life and career:

  • Born in Virginia to a wealthy plantation-owning family
  • Went to the College of New Jersey (now Princeton)
  • Along with George Mason, he was a major figure in writing the Virginia Constitution
  • Fourth President of the United States (1809-1817)
    • Economic Depression
    • Caught in the crossfire of Great Britain and France (ruled by Emporer Napoleon…)
    • War of 1812 led to patriotic feelings
    • Although not without criticism, Madison’s presidency is condsidered pivotal in maintaining the young Republic
  • Helped establish the University of Virginia

Aritcles I-VI of the Constitution

We’ll cover the Bill of Rights (Amendments I-X) and select Amendments in a few weeks. For now, let’s focus on the Articles to locate any values they seem to convey to readers. Also, specifically consider the 1808 sunset clauses.

Preamble

Consider the rhetorical strategies of the following line in relation to our other texts:

  • “…establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare,”
  • “and secure the Blessings of Liberty to ourselves and our Posterity…”

Article I: The Legislature

  • Notice that it starts by defining the Legislative Branch
  • Section 2: “The House of Representatives shall be composed of Members chosen every second Year by the People of the several States…”
    • All the People? Consider the idea of suffrage, being franchised to vote.
    • What about Senators?
  • Decennial census
  • Establish a Congressional journal…the Congressional Record
    • Jump to Article I, sec. 10
  • Impeachment power lies with the House of Representatives; Senate tries Impeachments
  • Section 4: “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except [in choosing] Senators.”
  • Section 6: Senators or Representatives cannot be arrested going to and from the Capitol.
  • Section 7: “All Bills for raising Revenue shall originate in the House of Representatives…”
    • Passing laws
    • Presidential vetoes
  • Section 8: Taxes, Tarriffs, Defense, and General Welfare
    • “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;”
    • Militias, bases, and barracks
  • Section 9: “The Migration or Importation of such Persons…shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight” (1808–about 20 years after drafting the Constitution)
    • First clause: “The Migration or Importation…exceeding ten dollars for each Person.”
    • Fourth clause: “No Capitation, or other direct, Tax…directed to be taken.”
      • Article V has language “sunsetting” these two clauses
      • What can be said about this language and what was going on among the drafters of the Constitution?
      • Special vocabulary: (more information from The Annenberg Guide to the United States Constitution)
        • Habeas Corpus: law enforcement must explain why they “have a body,” the prisoner; therefore, the writ of habeas corpus means law enforcement must explain to the courts why someone is being held.
        • Bill of Attainder: declaring someone or group guilty without a trial.
        • Ex post facto Law: passing a law that condemns people who did things in the past that are now illegal.
          *Compare to the post hoc ergo propter hoc logical fallacy
          **Nothing to do with your “ex” and the legal system…
      • “No Title of Nobility shall be granted by the United States…”
      • The Foreign Emoluments Clause–no gifts
  • Section 10: Preserving the Union
    • “No State shall enter into any Treaty, Alliance, or Confederation…”
    • Letters of Marque and Reprisal: authorization to attack vessels at sea
      • Think of it as a “hall pass” that designates you a privateer; without it, you’re a pirate!
    • “No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War…”

Article II: The Executive

  • “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors…”
    • For the first half of my life, winning the Electoral College but losing the Popular Vote was mainly a theoretical discussion of a past “issue”. During the second half of my life, it’s been a not uncommon result.
    • 1824, 1876, 1888, 2000, and 2016
  • President can’t get a raise during the term
  • “Oath of Affirmation:–‘I do solemnly swear (or affirm)’…”
  • Section 2: Appointments and Pardons
  • Section 4: “…Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”
    • The Framers specifically left our “maladministration” (which some State constitutions had) as an Impeachable offense (Constitution Annotated).
    • Why?
    • “The Framers were determined to limit the grounds on which an officer could be impeached in order to safeguard another constitutional principle: the separation of powers” (Neil J. Kinkopf)

Article III: The Judiciary

  • Section 1: Supreme Court
  • Section 2: “The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury…”
  • Section 3: Penalty for Treason
    • “‘Corruption of blood’ is a reference to English common law, which prohibited family members from—among other things—receiving or inheriting property from a person convicted of treason. Under the Constitution, that punishment may not extend beyond the life of the person convicted of treason” (Paul T. Crane).

Article IV: The States

  • Section 1: “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.”
  • Section 2: Must give citizens of other States fundamental rights…but you can make them pay more…
  • Section 4: “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion…”

Article V: The Amendments

  • Two-thirds and three-fourths
  • “…Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight [1808] shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article;”
  • “…and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”
    • They wanted to balance States’ power

Article VI: Oaths and Stuff

  • Superseding the Articles of Confederation (John Dickinson, chief writer)
  • “…bound by Oath or Affirmation…”
  • “…but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”

Article VII: Ratification

  • “…by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven [9/17/1787] and of the Independance of the United States of America the Twelfth…”

Now, States need to get to ratifying, so they can have “bragging rights” on their license plates and coins!

Next Class

We’ll return to anything we missed with the Constitution and then move on to Alexis de Tocqueville’s chapter from his massive tome Democracy in America (1835). Look at your Discussion Post #2 due Friday, 9/5, 11:07pm. Set a reminder to do these Posts.

Works Cited

Crane, Paul T. “Common Interpretation.” The National Constitution Center, https://constitutioncenter.org/the-constitution/articles/article-iiI/clauses/39.

Kinkopf, Neil J. “The Scope of the Impeachment Power: What are ‘High Crimes and Misdemeanors’?.” The National Constitution Center, https://constitutioncenter.org/the-constitution/articles/article-ii/clauses/349.