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Wednesday, February 19, 2025

American Political Culture II

 

For Monday, Lowi ch. 4 and Federalist 84.

More on the fake quotation  -- an op-ed -- Bill Clinton using it 

Civil Religion, which Robert Bellah defined as "a collection of beliefs, symbols, and rituals with respect to sacred things and institutionalized in a collectivity."

"I have observed with profound sorrow the role that many religious leaders have played in urging passage of this bill, because I cannot make their activities jibe with my concept of the proper place of religious leaders in our national life … This is the second time in my lifetime an effort has been made by the clergy to make a moral question of a political issue. The other was prohibition.  We know something of the results of that."* 

BHO on religion:

But what I am suggesting is this — secularists are wrong when they ask believers to leave their religion at the door before entering into the public square. Frederick Douglas, Abraham Lincoln, Williams Jennings Bryant, Dorothy Day, Martin Luther King - indeed, the majority of great reformers in American history — were not only motivated by faith, but repeatedly used religious language to argue for their cause. So to say that men and women should not inject their "personal morality" into public policy debates is a practical absurdity. Our law is by definition a codification of morality, much of it grounded in the Judeo-Christian tradition.


A famous prophecy: Tocqueville concludes volume I (p. 413) by comparing the United States and Russia: "Their point of departure is different and their paths diverse; nevertheless, each seems called by some secret design of Providence one day to hold in its hands the destinies of half the world."


From Tocqueville, pp 291-292:

In Europe almost all the disorders of society are born around the domestic hearth and not far from the nuptial bed. It is there that men come to feel scorn for natural ties and legitimate pleasures and develop a taste for disorder, restlessness of spirit, and instability of desires. Shaken by the tumultuous passions which have often troubled his own house, the European finds it hard to submit to the authority of the state's legislators. When the American returns from the turmoil of politics to the bosom of the family, he immediately finds a perfect picture of order and peace. There all his pleasures are simple and natural and his joys innocent and quiet, and as the regularity of life brings him happiness, he easily forms the habit of regulating his opinions as well as his tastes.
Whereas the European tries to escape his sorrows at home by troubling society, the American derives from his home that love of order which he carries over affairs of state.
In the United States it is not only mores that are controlled by religion, but its sway extends even over reason.
From page 603 (not on this week's list): "If anyone asks me what I think the chief cause of the extraordinary prosperity and growing power of this nation, I should answer that it is due to the superiority of their women"
Individualism

Patriotism

Service

  • Tocqueville on American democracy: "Under its sway it is not especially the things accomplished by the public administration that are great, but rather those things done without its help and beyond its sphere" (p. 244)
  • Where people give: 24% goes to religion

Conformity:

The Majority: "I know no country, in which, speaking generally, there is less independence of mind and true freedom of discussion than in America (Tocqueville, 254-255).

In 1829, Madison elaborated on his earlier fears about the majority: " In Monarchies the interests and happiness of all may be sacrificed to the caprice and passion of a despot: In Aristocracies, the rights and welfare of the many may be sacrificed to the pride and cupidity of a few: In Republics, the great danger is that the majority may not sufficiently respect the rights of the Minority."

Survey on free speech


Tocqueville on how slavery degrades slave0wners (347):
The white man on the right bank, forced to live by his own endeavors, has made material well being the main object of his existence; as he lives in a country offering inexhaustible resources to his industry and continual inducements to activity, his eagerness to possess things goes beyond the ordinary limits of human cupidity; tormented by a longing for wealth, he boldly follows every path to fortune that is open to him; he is equally prepared to turn into a sailor, pioneer, artisan, or cultivator; there is something wonderful in his resourcefulness and a sort of heroism in his greed for gain.

The American on the left bank scorns not only work itself but also enterprises in which work is necessary to success; living in idle ease, he has the tastes of idle men; money has lost some of its value in his eyes; he is less interested in wealth than in excitement and pleasure and expends in that direction the energy which his neighbor puts to other use; he is passionately fond of hunting and war; he enjoys all the most strenuous forms of bodily exercise; he is accustomed to the use of weapons and from childhood has been ready to risk his life in single combat.
In 1829, slaveholder Madison on African Americans: "If they had the complexion of the Serfs in the North of Europe, or of the villeins formerly in England in other terms, if they were of our own complexion, much of the difficulty would be removed. But the mere circumstance of complexion can not deprive them of the character of men."  (See the remarkable story of Paul Jennings.)

Pages 364-407: "what causes might lead to the dismemberment of the present confederation."

Lincoln Second Inaugural

Both parties deprecated war, but one of them would make war rather than let the nation survive, and the other would accept war rather than let it perish, and the war came.

One-eighth of the whole population were colored slaves, not distributed generally over the Union, but localized in the southern part of it. These slaves constituted a peculiar and powerful interest. All knew that this interest was somehow the cause of the war. To strengthen, perpetuate, and extend this interest was the object for which the insurgents would rend the Union even by war, while the Government claimed no right to do more than to restrict the territorial enlargement of it. Neither party expected for the war the magnitude or the duration which it has already attained. Neither anticipated that the cause of the conflict might cease with or even before the conflict itself should cease. Each looked for an easier triumph, and a result less fundamental and astounding. Both read the same Bible and pray to the same God, and each invokes His aid against the other. It may seem strange that any men should dare to ask a just God's assistance in wringing their bread from the sweat of other men's faces, but let us judge not, that we be not judged. The prayers of both could not be answered. That of neither has been answered fully. The Almighty has His own purposes.
"Woe unto the world because of offenses; for it must needs be that offenses come, but woe to that man by whom the offense cometh." If we shall suppose that American slavery is one of those offenses which, in the providence of God, must needs come, but which, having continued through His appointed time, He now wills to remove, and that He gives to both North and South this terrible war as the woe due to those by whom the offense came, shall we discern therein any departure from those divine attributes which the believers in a living God always ascribe to Him? Fondly do we hope, fervently do we pray, that this mighty scourge of war may speedily pass away. Yet, if God wills that it continue until all the wealth piled by the bondsman's two hundred and fifty years of unrequited toil shall be sunk, and until every drop of blood drawn with the lash shall be paid by another drawn with the sword, as was said three thousand years ago, so still it must be said "the judgments of the Lord are true and righteous altogether." 

With malice toward none, with charity for all, with firmness in the right as God gives us to see the right, let us strive on to finish the work we are in, to bind up the nation's wounds, to care for him who shall have borne the battle and for his widow and his orphan, to do all which may achieve and cherish a just and lasting peace among ourselves and with all nations.


*Senator Richard Russell, arguing against the 1964 Civil Rights Act, Congressional Record, June 10, 1964, p. 13309.

 

Second Assignment Spring 2025

 Choose one:

1,  From the Tocqueville readings we have done to date, identify a claim that is either historically inaccurate or no longer applies to the United States.  Explain.

2.  Answer any of the "Think It Through" questions in Chapter 4 of the Lowi text.

3. Chapter 4 of the Lowi text discusses civil liberties and civil rights.  Analyze a case in the past 50 years in which an effort to expand civil liberties or civil rights has clashed with public opinion.  Explain the conflict. How did advocates of the expansion try to sway public opinion?  

4.  Write on a topic of your choice, subject to my approval.


Sources on Public Opinion


Instructions:

  • Document your claims. Do not write from the top of your head.
  • Essays should be double-spaced and no more than three pages long. I will not read past the third page.
  • Essays should be in the form of Word documents.  Do not submit pdfs or Google docs.
  • Cite your sources with endnotes in Chicago/Turabian style. Endnote pages do not count against the page limit.
  • Do not use ChatGPT or any other generative AI. Misrepresenting AI-generated content as your own work is plagiarism.  It will result in a referral to the Academic Standards Committee.  
  • Watch your spelling, grammar, diction, and punctuation. Errors will count against you.
  • Turn in essays to  Canvas by 11:59 PM,  Monday, March 3:  note the extra time. (If you have trouble with Canvas, simply email it to me as an attached Word file.) I reserve the right to dock essays a gradepoint for one day’s lateness, a full letter grade after that.

Monday, February 17, 2025

American Political Culture

From Inside Higher Ed: "Ed Department: DEI Violates Civil Rights Law."  Office for Civil Rights declared race-based scholarships, cultural centers and even graduation ceremonies illegal.

For Wednesday:

Tocqueville


The moral:  always try to check the original sources of quotations.



The very first line of Tocqueville's introduction: “No novelty in the United States struck me more vividly during my stay there than equality of conditions" (p. 9)
  • What did that phrase mean to Tocqueville? 
  • He was not blind to slavery -- discussion on Wed.

Maintaining a democratic republic

  • Circumstances – physical isolation (remember when we discuss presidency)
  • Laws – the Constitution
  • Mores (moeurs)–what are mores? (p. 287)

Religion

"The religious atmosphere of the country was the first thing that struck me on arrival in the United States." (p. 295 of Lawrence-Mayer ed.) 

 Civil Religion

Lady Gaga sings the National Anthem two weeks after the January 6 insurrection.  Note that she turns and points to the Capitol flag as she sings "...our flag was still there."


Wednesday, February 12, 2025

Federalism

FOR NEXT MONDAY, READ:  



Tenth Amendment (reserved powers) and the fraught phrase "states' rights"

How the states "control" the feds: legal action

How does the federal government "control" states and localities?

GRANTS-IN-AID   IMPORTANT:  ANY TIME YOU ARE COMPARING DOLLAR AMOUNTS OVER TIME, ADJUST FOR INFLATION, EITHER BY USING CONSTANT DOLLARS OR PERCENTAGES OF GDP.


Why change over time?

Types of grants

Monday, February 10, 2025

Separation of Powers and Federalism

 For Wednesday:

News:

Separation of powers in the news.

What happens if a president defies a court order?

Federalist 49  

  • "Veneration"
  • James Ceaser: "The idea of reverence for the Constitution was a creation of The Federalist. But why did The Federalist create this doctrine of constitutional reverence?"

Federalist 39 and Federalism:

The proposed Constitution, therefore, is, in strictness, neither a national nor a federal Constitution, but a composition of both. In its foundation it is federal, not national; in the sources from which the ordinary powers of the government are drawn, it is partly federal and partly national; in the operation of these powers, it is national, not federal; in the extent of them, again, it is federal, not national; and, finally, in the authoritative mode of introducing amendments, it is neither wholly federal nor wholly national.

Federalist 51

Separation of Powers: "Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place."



Divided government

Is the Founding legitimate?  
  • Federalist 39:  "derives all its powers directly or indirectly from the great body of the people."
  • Federalist 49: Madison quotes Jefferson: "As the people are the only legitimate fountain of power.."
Federalism:  "In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself."

How does the federal government "control" states and localities?



How the feds "control" the states: Grants and mandates (more on Wednesday)

How the states "control" the feds: legal action



Wednesday, February 5, 2025

Constitution II

 For next time: 



Threat One: Federalist 1:
[A]dangerous ambition more often lurks behind the specious mask of zeal for the rights of the people than under the forbidden appearance of zeal for the firmness and efficiency of government. History will teach us that the former has been found a much more certain road to the introduction of despotism than the latter, and that of those men who have overturned the liberties of republics, the greatest number have begun their career by paying an obsequious court to the people; commencing demagogues, and ending tyrants.

A more contemporary version of the idea.

Threats Two (War) and Three (Insurrection
  • Federalist 8: "But if we should be disunited, and the integral parts should either remain separated, or, which is most probable, should be thrown together into two or three confederacies, we should be, in a short course of time, in the predicament of the continental powers of Europe --our liberties would be a prey to the means of defending ourselves against the ambition and jealousy of each other."
  • Federalist 9A FIRM Union will be of the utmost moment to the peace and liberty of the States, as a barrier against domestic faction and insurrection. It is impossible to read the history of the petty republics of Greece and Italy without feeling sensations of horror and disgust at the distractions with which they were continually agitated, and at the rapid succession of revolutions by which they were kept in a state of perpetual vibration between the extremes of tyranny and anarchy.

Threat Four: Faction  and Federalist 10

  • What is a faction?
  • "There are again two methods of removing the causes of faction: the one, by destroying the liberty which is essential to its existence; the other, by giving to every citizen the same opinions, the same passions, and the same interests."
  • His definition of "democracy" and "republic."
  • "[To]refine and enlarge the public views, by passing them through the medium of a chosen body of citizens, whose wisdom may best discern the true interest of their country, and whose patriotism and love of justice will be least likely to sacrifice it to temporary or partial considerations."
  • "In the next place, as each representative will be chosen by a greater number of citizens in the large than in the small republic, it will be more difficult for unworthy candidates to practice with success the vicious arts by which elections are too often carried; and the suffrages of the people being more free, will be more likely to centre in men who possess the most attractive merit and the most diffusive and established characters."
  • "Extend the sphere, and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens; or if such a common motive exists, it will be more difficult for all who feel it to discover their own strength, and to act in unison with each other. Besides other impediments, it may be remarked that, where there is a consciousness of unjust or dishonorable purposes, communication is always checked by distrust in proportion to the number whose concurrence is necessary."
VENERATION: (Federalist 49): "[It] may be considered as an objection inherent in the principle, that as every appeal to the people would carry an implication of some defect in the government, frequent appeals would, in a great measure, deprive the government of that veneration which time bestows on every thing, and without which perhaps the wisest and freest governments would not possess the requisite stability.

Myths:
  • Madison as THE author;
  • Federalist 10 as THE key;
  • Democracy v. Republic;
  • Allow for secession;
  • For the rich only

IS IT STILL TRUE?  CONSIDER THE PASSAGE OF TIME AND COMPARISON WITH OTHER DEMOCRACIES.

CONSIDER FROM #49:  "The members of the executive and judiciary departments are few in number, and can be personally known to a small part only of the people."

Sunday, February 2, 2025

First Assignment, Spring 2025

Choose one:


1. Find a recent (since January 2024) speech, article, or document (e.g., court decision) that quotes or discusses the Declaration of Independence. 
 With close attention to word choice, analyze the purpose of this piece of writing. Who is saying what to whom, and with what motive? Carefully explain the reference to the Declaration. Why is it there? Is it accurate?

2. Find a 2025 speech, article, or document claiming that a law, bill, or action is "unconstitutional."  What is the argument for this claim?  Does it make sense?  Explain the political motives of those who support and oppose the claim.

Here are some sites where you can find speeches and documents:


Instructions:

  • Document your claims. Do not write from the top of your head.
  • Essays should be double-spaced and no more than three pages long. I will not read past the third page.
  • Essays should be in the form of Word documents.  Do not submit pdfs or Google docs.
  • Cite your sources with endnotes in Chicago/Turabian style. Endnote pages do not count against the page limit.
  • Do not use ChatGPT or any other generative AI. Misrepresenting AI-generated content as your own work is plagiarism.  It will result in a referral to the Academic Standards Committee.  
  • Watch your spelling, grammar, diction, and punctuation. Errors will count against you.
  • Turn in essays to the class Sakai dropbox by 11:59 PM,  Friday, February 14. (If you have trouble with Sakai, email it to me as an attached Word file.) I reserve the right to dock essays a gradepoint for one day’s lateness, a full letter grade after that.

Constitution I

 

Unfinished business from last time:

For Wednesday,

  • Hamilton, Federalist # 1, 8, 9, 10 49.
  • Akhil Reed Amar, "Founding Myths," ch. 2 of Myth America, ed. Kevin M. Kruse and Julian E. Zelizer (New York: Basic, 2022)  IN SAKAI RESOURCES AND CANVAS FILES.

What did you think of these model constitutional provisions?*

Backdrop


The Great Compromise:

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.

Akhil Amar on the Three-Fifths Clause:

The radical vice of Article I as drafted and ratified was that it gave slaveholding regions extra clout in every election as far as the eye could see - a political gift that kept giving. And growing. Unconstrained by any explicit intrastate equality norm in Article I, and emboldened by the federal [3/5] ratio, many slave states in the antebellum era skewed their congressional-district maps in favor of slaveholding regions within the state. Thus the House not only leaned south, but also within coastal slave states bent east, toward tidewater plantations that grabbed more than their fair share of seats. ... The very foundation of the Constitution’s first branch was tilted and rotten.
And not just the first branch.  The Article II electoral college sat atop the Article I base: The electors who picked the president would be apportioned according to the number of seats a state had in the House and Senate.  In turn, presidents would nominate cabinet heads, Supreme Court justices, and other Article III judges.
Consequences of the Three-Fifths Clause.  From William Lee Miller, Arguing About Slavery:
Five of the first seven presidents were slaveholders, for thirty-two of the nation’s first thirty-six years forty of its first forty-eight, fifty of its first sixty four, the nation’s president was a slaveholder. The powerful office of Speaker of the House was held by a slaveholder for twenty-eight of the nation’s first thirty-five years. The president pro tem of the Senate was virtually always a slaveholder. The majority of the cabinet members and — very important — of justices of the Supreme Court were slaveholders. The slaveholding Chief Justice Roger Taney, appointed by slaveholding President Andrew Jackson to succeed the slaveholding John Marshall, would serve all the way through the decades before the war into the years of the Civil War itself; it would be a radical change of the kind slaveholders feared when in 1863, President Lincoln would appoint the anti-slavery politician Salmon P. Chase of Ohio to succeed Taney.

Expressed powers, including trade regulation and taxation



Properties

Wednesday, January 29, 2025

Freedom, Equality, and the Declaration

 You and the government: the funding freeze

The lawsuit

And now, the administration just rescinded it.

For Monday, read:

Also read Strunk and White before the next assignment.  

"We hold these truths to be self-evident, that all men are created equal..."


Did Jefferson mean “men” as gender?

He has waged cruel war against human nature itself, violating it's most sacred rights of life and liberty in the persons of a distant people who never offended him, captivating and carrying them into slavery in another hemisphere, or to incur miserable death in their transportation thither. This piratical warfare, the opprobrium of infidels powers, is the warfare of the Christian king of Great Britain. He has prostituted his negative for suppressing every legislative attempt to prohibit or to restrain this execrable commerce determining to keep open a market where MEN should be bought and sold...

Created equal

Lincoln's comments at Galesburg
I believe the entire records of the world, from the date of the Declaration of Independence up to within three years ago, may be searched in vain for one single affirmation, from one single man, that the negro was not included in the Declaration of Independence; I think I may defy Judge Douglas to show that he ever said so, that Washington ever said so, that any President ever said so, that any member of Congress ever said so, or that any living man upon the whole earth ever said so, until the necessities of the present policy of the Democratic party, in regard to slavery, had to invent that affirmation. And I will remind Judge Douglas and this audience that while Mr. Jefferson was the owner of slaves, as undoubtedly he was, in speaking upon this very subject he used the strong language that “he trembled for his country when he remembered that God was just;” and I will offer the highest premium in my power to Judge Douglas if he will show that he, in all his life, ever uttered a sentiment at all akin to that of Jefferson.

Douglass [note spelling] on the Declaration and Constitution. 


That they are endowed by their Creator with certain unalienable rights ...

What is a right?
  • Natural or human rights
  • Civil rights
  • Political rights

 Life, liberty, and the pursuit of happiness COMMA!!!
  • Why that order?  (Why the comma?)
  • What is liberty? Tyranny of majority?
  • Why not property?
  • What is happiness?

Since happiness is an activity of soul in accordance with perfect virtue, we must consider the nature of virtue; for perhaps we shall thus see better the nature of happiness. The true student of politics, too, is thought to have studied virtue above all things; for he wishes to make his fellow citizens good and obedient to the laws.

Why not the word democracy?

    Securing rights
    • That, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it,
    • But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.
     [NATIONAL TREASURE]
    •  “evinces a design” (196-197) -- a plan-- CONSPIRACY THEORY!
    The list of grievances and the Constitution

    The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let the Facts be submitted to a candid world.

    Article I addresses these concerns:

    He has refused his Assent to Laws, the most wholesome and necessary for the public good. Article I

    He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.  

    He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures. [ 

    He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within. [  1st, 9th, 10th Amendment]

    Article I, 

    He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands. [ 5th Amendment]


     He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance. 

    He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

    For cutting off our Trade with all parts of the world:  

    For imposing Taxes on us without our Consent:  

    Article II

    He has affected to render the Military independent of and superior to the Civil Power. 

    Article III:

    He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

    He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries. 

    Third Amendment

    For quartering large bodies of armed troops among us: [ 3rd Amendment]

     For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States: [ 4th, 5th, 6th, 7th, 8th Amendment]

    Sixth and Seventh Amendments

    For depriving us in many cases, of the benefit of Trial by Jury: [ 6th Amendment]

    Ugh....

    He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.