LDST 308/01 AMST 398/08 PLSC 379/04. The Creation of the American Republic. 2:40 5:20 Tuesday 240 Jepson Hall

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LDST 308/01 AMST 398/08 PLSC 379/04 The Creation of the American Republic 2:40 5:20 Tuesday 240 Jepson Hall Professor Gary L. McDowell Jepson Hall 242 Telephone 6085 Office Hours: 1:00 2:00 pm Thursday This course will examine the principles and practice of leadership within the political context of the founding of the American republic, from 1776 through 1789. The primary focus will be on the Constitutional Convention, the subsequent debates over ratification of the new constitution, and the ratification of the Bill of Rights in the first Congress. Through the study of these records will emerge the intersection of the philosophic aspirations and the political machinations of those involved in the creation of the new republic. By the careful consideration of their speeches, essays, and public actions one will see how that generation of leaders understood and engaged in leadership during that critical period of American history. Attendance and participation are expected and will be reflected as part of the final grade (15%). There will also be a final examination (35%), one short paper on a topic to be assigned (15%), and a major research paper on a topic to be agreed (35%). Participation will be calculated on quality, not simply quantity. It is expected that all the readings for a given date will be done in advance of that class meeting and everyone will be prepared to discuss the assigned materials The short paper assignment will be distributed in class on October 3 rd ; the paper will be due at the beginning of class on October 20 th. Late papers will be penalized one letter grade per day, including weekends.

The topic for the research paper must be approved in advance. A onepage, double-spaced proposal, accompanied by a preliminary bibliography will be due in class on October 31 st. The paper is due on November 29 th. As with the short paper assignment, late research papers will be penalized one letter grade per day, including weekends. The final exam will be administered according to the schedule established by the university. Required Texts: Bernard Bailyn, ed., The Debate on the Constitution (two volumes) Robert A. Goldwin, From Parchment to Power Adrienne Koch, ed., Notes on the Debates in the Federal Convention of 1787 H. Veit, K. Bowling, and C. Bickford, eds., Creating the Bill of Rights Reserved Texts: Jack P. Greene, The Intellectual Heritage of the Constitutional Era Thomas Hobbes, Leviathan John Locke, Essay Concerning Human Understanding John Locke, Two Treatises of Government Colleen Sheehan and Gary McDowell, eds., Friends of the Constitution Herbert J. Storing, What the Anti-Federalists Were For John Trenchard and Thomas Gordon, Cato s Letters Montesquieu, Spirit of the Laws Recommended Texts Bernard Bailyn, The Ideological Origins of the American Revolution Gordon S. Wood, The Creation of the American Republic Assignments I. The Political and Philosophic Background of the American Founding (August 30; September 6)

3 Chronology of Events, Bailyn, ed., Debate on the Constitution, I:1055-1115. Biographical Notes, Bailyn, ed., Debate on the Constitution, I:995-1054. Jack P. Greene, The Intellectual Heritage of the Constitutional Era Gary L. McDowell, The Language of Law and the Foundations of American Constitutionalism, William and Mary Quarterly 55 (1998): 375-398 (this can be accessed on J-Stor) Thomas Hobbes, Leviathan, chapters 1-4, 13, 26, 46. John Locke, Essay Concerning Human Understanding: Book I, chapters 1-2; Book II, chapters 1, 11; Book III, chapters 2, 7, 9, 10, 11. John Locke, Two Treatises of Government, chapters 2, 7, 9. John Trenchard and Thomas Gordon, Cato s Letters: Letters nos. 31, 33, 37, 38, 42, 59, 61, 109. Montesqueiu, Spirit of the Laws: Book I, chapters 1-3; Book II, chapters 1-2; Book III, chapter 3; Book IV, chapter 5; Book V, chapters 1-5; Book XI, chapters 1-4; Book XII, chapters 1-2; Book XIX, chapters 2-3, 27. Recommended Reading: Bernard Bailyn, The Ideological Origins of the American Revolution (entire). 6 Gordon S. Wood, The Creation of the American Republic, chapters 1-

4 II. The Declaration of Independence (September 13) Declaration of Independence, Bailyn, ed, Debate on the Constitution, I: 949-953. Articles of Confederation, Bailyn, ed., Debate on the Constitution, I: 954-964. Notes on State Constitutions, Bailyn, ed., Debate on the Constitution, I: 1117-1122. Recommended: Wood, Creation of the American Republic, chapters 7-9. III. The Constitutional Convention (September 20, 27; October 4) James Madison to George Washington, April 16, 1787 (handout). Recommended: Wood, Creation of the American Republic, chapters 10-11. Creating the Constitution [All readings in this section are to be found in A. Koch, ed., Notes of the Debates in the Federal Convention of 1787 as Reported by James Madison] Establishing the Rules: May 28-29, pp. 23-28. The Virginia Plan, May 29- June 14, pp. 28-117.

5 The New Jersey Plan, June 15-16, pp. 117-129. The Hamilton Plan, June 18, pp.129-139. The New Jersey Plan, June 19, pp.140-154 Compromise, June 20, pp.154-162 Sovereignty and the States, June 21, pp.163-170; June 26, pp. 193-201; June 28-July 2, pp.203-237; July 5, 11, 13, 14, pp.237-245, 266-276, 282-297. Creating the Presidency, July 17, 19, 20, 21, pp.302-313, 322-346; July 24-25, pp.356-370. The First Draft, August 6, pp.385-396. Creating the Presidency II, August 15, pp.460-465; September 4-6, pp.573-594. Conclusion, September 12-17, pp.616-659. IV. The Struggle for Ratification (October 25; November 1, 8) Herbert J. Storing, What the Anti-Federalists Were For. Herbert J. Storing, The Other Federalist Papers, introduction to Sheehan and McDowell, eds., Friends of the Constitution. Recommended Reading: Wood, Creation of the American Republic, chapters 12-15. [All remaining readings in this section are from Bailyn, ed., Debate on the Constitution.]

6 Immediate Reactions Z replies to Franklin, I: 6-8. David Redick to William Irvine, I: 15-16. James Madison to George Washington, I: 42-44. Richard Henry Lee to George Mason, I: 45-47. Centinel, I: 52-62. James Wilson and his respondents, I: 63-128. Brutus, I: 164-175. James Madison and Thomas Jefferson, I: 192-213. Cato, I: 214-218. Publius [Federalist, No.1], I: 219-223. Federal Farmer, I: 245-288. Publius [Federalist, No. 9], I: 339-344. George Mason s Objections, I: 345-349. Cato, I: 399-403. Publius [Federalist, No. 10], I: 404-411. Publius [Federalist, No. 14], I: 431-436. States Rights

7 Samuel Adams to Richard Henry Lee, I: 446-447. Philadelphiensis, I: 494-498. Brutus, I: 499-506. Publius [Federalist, No. 37], I: 754-761. Agrippa, I: 762-773. Publius [Federalist, Nos. 38-39], I: 774782; II: 26-32. Publius [Federalist, Nos. 44-46; 51], II: 93-106; 109-116; 163-168. Brutus, II: 129-135; 171-177. Publius [Federalist, No. 78], II: 467-475. Patrick Henry s Opening Speech, II: 595-597. James Madison Replies to Henry, II: 611-622. Iredell and Bloodworth on Constitutional Supremacy, II: 899-901. Bills of Rights George Mason, Objections to the Constitution, I: 345-349. James Madison to George Washington, I: 350-352. Marcus, I: 363-365. Richard Henry Lee to Edmund Randolph, I: 465-472. Giles Hickory, I: 669-672.

8 James Wilson, Opening Address, I: 791-803. John Smilie, Response to Wilson, I: 804-806. James Wilson and John Smilie, Need for a Bill of Rights, I: 807-810. Benjamin Rush, Against a Bill of Rights, I: 816-817. Columbian Patriot, II: 284-303. Benjamin Rush to David Ramsay, II: 417-419. Publius [Federalist, No. 84], (handout). 898. Samuel Spencer and William Davie, Need for a Bill of Rights, II: 888- The Necessity of Amendments Edmund Randolph, Reasons for Not Signing, I: 595-611. Luther Martin, The Genuine Information, I: 631-661. James Madison to Edmund Randolph, I: 744-747. John Hancock, Ratification with Amendments, I: 921-922. Samuel Adams, Support for Hancock s Proposition, I: 923-924. Massachusetts Convention, Forms of Ratification, I: 943-945. Giles Hickory, II: 304-315. George Washington to John Armstrong, II: 420-423. Richard Henry Lee to Edmund Pendleton,, II: 462-466.

9 Edmund Randolph, Support of Amendments, II: 598-604. Publius [Federalist, No. 85], II: 498-505. Zachariah Johnson, Ratification without Amendments, II: 751-756. Proposed Amendments, (handout). V. Completion: Creating the Bill of Rights (November 15, 22, 29) H. Veit, et al, eds., Creating the Bill of Rights Madison s Resolution, pp. 11-14 Amendments Proposed by the States, pp. 14-28 House Resolution & Articles of Amendment, pp. 37-41 Articles of Amendment, as Agreed by Senate, pp. 47-49 Conference Committee Report, pp. 49-50 Debates in the House of Representatives, pp. 57-95; 104-107; 112-126; 150-153; 157-159; 182-190. Robert A. Goldwin, From Parchment to Power: How James Madison Used the Bill of Rights to Save the Constitution (entire). VI. Epilogue: Leadership and the Creation of the American Republic (December 6) James Madison, Preface to the Debates in the Convention: A Sketch Never Finished Nor Applied, in Koch, ed., Notes on the Debates in the Federal Convention of 1787 as Reported by James Madison, pp.3-19.