HST 486 Winter 2008 Constitutional America Dr. Max G. Geier [email protected] http//geierm/ Office: Maaske 221 Office Hrs: M 12-1, W 12-2, R.

HST 486 Winter 2008Constitutional America

Dr. Max G. [email protected]

http//www.wou.edu/~geierm/Office: Maaske 221

Office Hrs: M 12-1, W 12-2, R 1-2 or by appointment

On-line Syllabus and contacts• See syllabus to access my webpage at

http://www.wou.edu/~geierm/

• On-line version of Syllabus is on my webpage under

“Current Courses” link to HST 470D

Note the link to on-line versions of the student code of conduct and campus/division policies on academic honesty

Course Objectives• employ the method of comparative history to consider

how the ideal of constitutional authority evolved in British North America from colonial times through the era of the American Civil War (in the United States) and the British North America Act (in Canada).

• compare colonial traditions of constitutional authority and ideas of legitimate dissent that emerged in the various colonies and provinces of BNA (and in U.S.)

• consider how regional patterns of constitutional legitimacy influenced provincial, state, and nationalist ideals through various constitutional crises

• Compare and contrast the mid-1860s forces that produced a new nation in Canada and civil war among the formerly United States.

Benefits of Course• Students in this course develop skills of critical reading,

comparative theory & method, analysis of primary and secondary sources, and written and oral methods of historical synthesis.

• Fulfills North American area requirements of the History Major or Minor OR comparative/methods req.

• Introduces professional resources appropriate for teachers, lay historians, or students contemplating work in advanced degree programs

• provides substantive background and preparation for students who plan to take additional courses that focus on constitutional history or the history of 19th-century America, notably including HST 485, HST 476, HST 457, HST 458, and HST 459.

Required Texts1) Marc W. Kruman, Between Authority and Liberty: State

Constitution Making in Revolutionary America (UNC Press, 1997)

2) Saul Cornell, The Other Founders: Anti-Federalism and the Dissenting Tradition in America, 1788-1828 (UNC Press, 1999).

3) Kermit L. Hall, Major Problems in American Constitutional History, Volume I: (D.C. Heath & Co., 1992)

4) Canada in the Making—Constitutional History (located on the website at the following location): http://www.canadiana.org/citm/themes/constitution/constitution4_e.html

5) Mary Lynn Rampolla, A Pocket Guide to Writing in History, 4th Edition (Boston, MA: St Martin's Press, 2004)

Recommended Resources:• Recommended Reference Source: Bernard Bailyn, ed. The Debate on the

Constitution: Federalist and Antifederalist Speeches, Articles, and Letters During the Struggle over Ratification. Parts One and Two. NY: Library of America Literary Classics of the U.S., 1993.

• Recommended on-line gateways: (see on-line syllabus for hyperlinks)• http://www.modern-constitutions.de/nbu.php?

page_id=774761b2dbc8c686c4854bbfadbdb6b6 this is a weblink to the Constitutions of the World Online project, which is an ongoing (in-progress) Germany-based effort centered at the University of Kassel.

• http://tarlton.law.utexas.edu/constitutions/constitutions.html this is a weblink to the Texas Constitutions 1824-1876 project, which is based at the University of Texas School of Law, in Austin. It includes, in English translation, the 1824 Constitution of the United Mexican States and the 1827 Constitution of the Mexican State of Coahuila-Texas, as well as subsequent Texas State Constitutions and related documents.

• http://thorpe.ou.edu/ this is a weblink to the Native American Constitution and Law digitization project, based at the University of Oklahoma School of Law.

• http://www.archives.gov/national-archives-experience/charters/constitution.html this is a weblink to the official U.S. government website devoted to explaining “the” constitution and related documents. The “Constitutions of the World Online” project, above, and the “Canada in the Making” project, above, are more useful for locating state and colonial documents relating to constitutional history.

Class Format: • Weekly discussion based on review questions

on the syllabus for that week’s readings• Bi-weekly synthesis papers (“analysis

papers”) that identify a central theme across the preceding 2 weeks of readings and in-class discussions

• Discussion themes relate to the current week’s readings

• emphasis on comparative and analytical context, NOT summary or recapitulation of material

• Lectures supplemental to readings/discussions

Required Products: • There is NO midterm in this class• Class participation (25% of total for the course--"no

excused absences" policy)• Analysis Papers (30% of total for the course—combined

grade for 4 different analysis papers, each covering a 2-week unit for the course)

• Prospectus (included as part of the overall grade for the term project, below, but required as an early statement of research plans for the term project)

• Term Project (20% of total for the course—a research project of approximately 10-15 pp)

• Final Exam (25% of total for the course—comprehensive essay & matching ID format)

Analysis Papers

• critical analysis of assigned readings for each 2-week unit of the course

• Single-spaced, typed, approximately 1500 words in length (2-3 pp. single-spaced)

• Contextual analysis of themes from each text in relation to other assigned texts

• Citation of sources (footnotes)

Suggested approach to analysis papers• identify a central theme addressing the constitutional issues addressed in the readings

for those two weeks of the course • select at least two documents from the Hall text and at least two documents from the

CITM website for a total of four primary source documents that relate to that theme and lend themselves to a critical analysis of that theme.

• Dissect and contextualize those 4 primary-source documents in relation to the secondary works assigned for this unit. Consider how the primary source documents support or challenge the interpretations presented in the secondary-source readings for that unit.

• Draw inferences and conclusions that build on the body of your research for this unit (the primary sources and the related, secondary sources).

• Craft a compelling, clear, and concise essay explaining your reasoning and carefully documenting the evidence and ideas you have gleaned from primary and secondary sources (use footnotes).

• The completed analysis paper should show evidence and examples (citations) from each of the secondary-source texts assigned for that two-week unit, in addition to the 4 primary source documents identified above.

• Each analysis paper should demonstrate an effort to grapple with the methodology of comparative analysis that is an express objective of this course.

Class Participation

• Active, engaged listening• Constructive comments, discussion, debate• Cooperative, professional engagement with

ideas expressed by others in the class (peers and instructor)

• Regular, punctual, and engaged attendance• Excessive absences may result in failure for

the course

Term Project: General Guide• focus on the evolution of a particular constitutional issue of

interest to you and within the goals and parameters of this course • There are several options:

(A) select one state or province, and explore how the constitution of that state or province changed over the time-frame of this course (before 1870), OR

(B) select a particular theme or issue and analyze how that theme or issue changed over time and in the context of a specific constitution or range of constitutions within the time and period of this course, OR

(C) compare and contrast the evolution of constitutional authority in two different frameworks (compare, for example, constitutional authority as it evolved over time in two different nations, or in two different states)

• Results: produce a final, written project of approximately 12 pp (double-spaced) in length, formally presenting your research and conclusions, following the guidelines for a term project as described in Rampolla.

Term Project Phase One: Prospectus• 1-page (single-space) statement of topic and

research design/plans• Includes a preliminary thesis (hypothesis),

and strategies for testing that thesis• Requires a detailed bibliography of

preliminary sources, properly formatted (see Rampolla text for guidelines)

• Includes a search strategy for locating relevant primary sources (keywords, topics, nature of sources) and secondary sources

• Due by Thursday, 24 January

Term Project phase two: progress report

• a brief (approx. 4-5 pp., double-spaced) statement identifying:– the secondary sources you have found– how they relate to your central thesis, – and (briefly) the central thesis the author is presenting in each

source, and how it is relevant to your developing argument (thesis) for this project

– at least two (2) scholarly, historical monographs (single-author books) and

– at least four (4) recent articles (ca. 1970s-2000s publications) from at least two different scholarly, historical journals,

• Length: 15 pp double-spaced (approx 4000 words)• Due Thursday, 7 February

Term Project phase three: final product• a written, critical analysis of the issue in its

historical context • the form of a final term project of approximately

3000-4000 words (approximately 12-16 pp)• Any and all ideas not your own must be fully cited

in endnotes or footnotes (not counted against page limits)

• Grading will emphasize coherence and accuracy of the argument, clarity and conciseness of presentation, quality of sources and evidence selected for presentation, and development, contextual understanding, and effective citation of sources

Final Exam

• Comprehensive for the term• Identification/matching section of terms and their

broader significance to central themes• Essay format (2 essay questions)

– One question emphasizing themes related to first 8 weeks of the course

– One question emphasizing themes from the last 2 weeks of the course (note that there is no analysis paper required for the last 2 weeks of the course)

Discussion Assignments• Each week, the instructor assigns each student a particular section of

the assigned readings on which to focus for the next week of the course.

• Each student is expected to be prepared to raise at least two “points of interest” for the class to consider from that chapter of the assigned readings.

• These “points of interest” are the focus of further discussion involving other students and the instructor. The student assigned primary responsibility should be prepared to explain and elaborate on the points of interest that they raise.

• Things to consider for these “points of interest”:• what is the central thesis of the chapter and how does it relate to the thematic

questions posed on the syllabus?• in what way does this author’s interpretation compare with, or contrast with other

assigned readings?• what is the nature of the evidence the author is presenting? What are the most

effective examples?• what is the nature of the sources the author has consulted? What are inherent or

overt biases of those sources?

• ALL students are expected to be familiar with ALL readings assigned each week, and to be prepared to respond to presentations

Academic Honesty Policy • All written products must fully cite any and all sources referenced,

quoted, or otherwise consulted in the course of generating or developing ideas for these assignments. (i.e. Use Footnotes!)

• Students are expected to familiarize themselves with, and adhere to the WOU student code of conduct and the Social Science Division policy on academic dishonesty in all matters pertaining to this class.

Student code of conduct (see course syllabus for hyperlink):http://www.wou.edu/student/csr.php

• Penalties for violating academic honesty guidelines include failure in this course

Policy on Academic Dishonesty (see syllabus for hyperlink):http://www.wou.edu/las/socsci

• Violations are subject to review at the campus level, as detailed in the student code of conduct.

Statement on Disabilities

Students with documented disabilities who may need accommodations, who have any emergency medical information the instructor should be aware of, or who need special arrangements in the event of evacuation, should make an appointment with the instructor as early as possible, and no later than the first week of the term. For more information on services and support available on this campus, interested students should contact the Office of Disability Services (838-8250v/tty) in the AP 405.

Statement on Cell Phones & Other Electronic Devices

Cellphones should be turned off before class begins, and they should remain off during class.

Use of electronic devices during class is prohibited unless previously authorized, in writing, by the instructor. Violations will be referred to the dean of student’s office.

Recording images or voices of people without the knowledge and permission of the person being recorded is a violation of law and is prohibited in this class. Violations will be referred to the dean of students office.

Before Next Meeting (Wednesday)• Read the entire syllabus (all 4 pages)• Purchase required texts• Read assignment for this first week:

Week #1 Readings (Read for AP#1): (1) Rampolla, pp. 1-38(2) Hall, pp. 1-66(3) CITM (click on the sections labelled “1608-1759”, “1749-

1759”, and “1759-1763”. Read the general overview for each of these sections. Then, examine primary-source documents entitled Lords of Trade to Governor Lawrence(1756), Articles of Capitulation, Quebec(1759) and Articles of Capitulation, Montreal (1760) (click on the titles for a full-text version). Skim through Perpetual Acts of …Nova Scotia.

• Review the range of material assigned for next week (week #2 readings) and choose one section of readings for which you would prefer to be assigned primary responsibility

• Browse through the suggested websites and tables of content for assigned texts to generate ideas about a term project topic

Discussion Themes for Week One:Constitutionalism and traditions of

authority in the colonial era • How did early patterns of conflict among colonizing

powers affect ideas about legitimate constitutional authority in North America before 1700? How did the era of imperial wars (1680s-1760s) affect those ideas?

• How did traditions of constitutional authority in colonies acquired from France differ from those in British colonies before 1763?

• How did traditions of constitutional authority differ among British Colonies in British North America, 1606-1763?

• What was the relation between conquest and constitutional authority in British North America?

Constitutionalism and traditions of authority in the colonial era A. Historical Methods and Constitutional History:

1. Arbitrary segmentation of history into manageable bites:a. Nations and Colonies as political constructsb. Colonization as a political process with socio-economic

componentsc. Colonization as a periodization of events (chronology?)

2. Problem of Nationalistic blinders in dealing with constitutional history

a. the trap of inevitability b. the cult of "the" constitution in the United States (only one

constitutional convention?)c. politically-inspired "presentism" and the trap of "original

intent"d. the Canadian tradition of many constitutional conventions

Constitutionalism and traditions of authority in the colonial era A. Historical Methods and Constitutional History:

3. Method of comparative history in constitutional history: a. constitutions as changing documents of uncertain tenureb. emphasis on regional variation and variability of intentc. What kinds of questions/themes are comparable across

cultural and regional boundaries?1) Personal freedoms?2) Structures of authority?3) Mechanisms for correcting misapplied authority?4) Sources of legitimacy?5) Limits of legitimacy?6) Avenues of expression/influence?

4. Breaking away from the nation-state model:a. Comparing constitutions of the states and provincesb. considering public-sphere expression as assertions of

constitutional theory (whether upheld in courts or not)

Constitutionalism and traditions of authority in the colonial era B. North American Constitutional History: A Laboratory for Comparison

1. How did colonial experience of authority compare within British North America?

a. English traditions of constitutional authority

b. Differences of authority among English colonies

c. Evolving differences of expectations in colonies vs England

2. How did colonial experiences of authority in New France differ from experiences of authority in New England?

a. How did French traditions of citizenship, property, and political representation compare with English traditions of constitutional authority?

b. How did people in New France and other colonies experience the transition of authority to British (after Conquest of 1759-63)?

3. How did British efforts to assert authority in New France alter traditions of authority elsewhere in North America?

a. Other British colonies

b. Native Americans and treaty rights

Constitutionalism and traditions of authority in the colonial era B. What are the origins of Constitutional Authority in North America?

1. What is the relationship between the body of law and constitutional history?

a. does the body of law constitute "constitutional history"?b. does constitutionalism permit political action/activism? ("rule of law"

interpretation of Belz)c. Where does political activism fit into constitutional history?

2. What is the difference between "rights consciousness" (Hartog) and "constitutionalism" (Belz)?

a. who is a citizen?b. does dependency inhibit citizenship? (constitutional rights as a claim

recognizing dependency)c. What is a “right”?

1. does a "right" trump all other rights?2. does a "right" require government action to undo infringements?3. does a government in violation of rights lose legitimacy?

d. constitutionalism seeks to control human behavior by devising rules and procedures

e. is civil disobedience compatible with constitutionalism?

Before Next Meeting (Wednesday)• Read the entire syllabus (all 4 pages)• Purchase required texts• Read assignment for this first week:

Week #1 Readings (Read for AP#1): (1) Rampolla, pp. 1-38(2) Hall, pp. 1-66(3) CITM (click on the sections labelled “1608-1759”, “1749-

1759”, and “1759-1763”. Read the general overview for each of these sections. Then, examine primary-source documents entitled Lords of Trade to Governor Lawrence(1756), Articles of Capitulation, Quebec(1759) and Articles of Capitulation, Montreal (1760) (click on the titles for a full-text version). Skim through Perpetual Acts of …Nova Scotia.

• Review the range of material assigned for next week (week #2 readings) and choose one section of readings for which you would prefer to be assigned primary responsibility

• Browse through the suggested websites and tables of content for assigned texts to generate ideas about a term project topic

Constitutionalism & Traditions of Authority in Colonial America