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First-Year Syllabus for the James Madison Seminar

The United States Constitution:
Its Construction, Ratification, & Early Implementation

Note: We strongly recommend that participants arrive for the Summer Seminar having completed all Background and Primary Readings. It is essential that participants complete the readings marked with an asterisk prior to arrival.

* indicates essential readings
^ indicates readings found in the seminar notebook

Day One: Classical Republicanism

Background Reading:
  • *Paul A. Rahe, Republics Ancient and Modern I: The Ancient Regime in Classical Greece (Chapel Hill: University of North Carolina Press, 1994).
Primary Reading:
  • *^Aristotle, The Politics, Books One & Three, tr. Peter Simpson (Chapel Hill: University of North Carolina Press)
  • *^Pericles' Funeral Oration, in Thucydides 2.35-46.
  • ^Pericles' Last Oration, in Thucydides 2.60-64.
  • *^Cicero, De officiis 1.16.50, De inventione rhetorica 1.1.1-2.3, 4.5.
  • ^Livy 1.1.Pref., 57-60, 2.33-40.
  • *^Polybius VI.
  • ^Sallust, Jugurtha 1-4, 30-34, 42, 64, 84-86.
  • ^_____, Cataline 1-4, 52.
  • ^Tacitus, Annals 1.1-15, Histories 1.1-4.
Recommended for Subsequent Study:
  • Claude Nicolet, The World of the Citizen in Republican Rome, tr. P. S. Falla (Berkeley: University of California Press, 1980).

Focus Questions:

What is a political regime (politeia)? To what extent is its character a consequence of education (paideia)? To what extent is its character a consequence of rule by a political class? What presumption underpinned classical republicanism? Was it a reasonable presumption? Why were the ancient Greeks and Romans so skeptical with regard to commerce? What does it mean to speak of a martial economy? What was the character of the education the ancient Greek polis gave its citizens? How does pederasty fit in? What accounts for the character of the Spartan regime? How was Lacedaemon organized politically? Compare and contrast Sparta and Athens. What does Aristotle mean when he describes the human being (anthropos) as "a political animal?" Benjamin Franklin once described man as "a tool-making animal." From our perspective, who is more nearly right? In Aristotle's view, what makes of a people a political community? What do Pericles' two orations tell us about the Athenian outlook? Could either speech be given in a liberal democracy today? How close is Cicero's thinking to that of Aristotle? What can we learn from Livy's account of the rape of Lucretia? What can we learn from his discussion of the career of Coriolanus? Why does Polybius include a discussion of funerals and of the Roman military camp in his account of the Roman constitution? In the opinion of Sallust, of Livy, and of Tacitus, why did the Roman republic ultimately collapse?


Day Two: The Whig Legacy: Classical Republicanism Repudiated

Background Reading:
  • *^"The Constitution of Liberty Within Christendom," The Intercollegiate Review 33:1 (Fall, 1997): 30-36. Peter Riesenberg, Citizenship in the Western Tradition: Plato to Rousseau (Chapel Hill: University of North Carolina Press, 1992), 87-186.
  • *^Paul A. Rahe, The Origins of Modern Constitutionalism: Machiavelli to Harrington (typescript).
  • *^_________, "Antiquity Surpassed: The Repudiation of Classical Republicanism," in Republicanism, Liberty, and Commercial Society: 1649-1776, ed. David Wootton (Stanford: Stanford University Press, 1994), 233-69.
Primary Reading:
  • *^Niccol˜ Machiavelli, The Prince XV-XIX.
  • *^________, Discourses on Livy I.Pref, 1-7, 9-10, 25-27, 44-47, 53-54, 57-58, II.Pref, 2, III.1.
  • ^Thomas Hobbes, Leviathan I.5, 11-15, II.21, IV.46-47. John Locke, Second Treatise of Government.
  • *Cato's Letters, ed Ronald Hamowy (Indianapolis: Liberty Fund, 1995) Nos. 2, 11-16, 18-20, 24-25, 31-33, 35, 38-40, 42-45, 57, 59-68, 72-76, 84-85, 94-96, 106.
  • *^Montesquieu, The Spirit of the Laws III, 1-10; IV, 2; V, 14; VII, 1; VIII, 6-8; IX, 1-2; XI, 1-6; XII, 1-2; XIX, 27.
Focus Questions:

What was the character of medieval liberty? Why is it so rarely a focus of attention today? Why did self-government flourish in the high Middle Ages? What occasioned self-government in the guilds, the towns, and the monarchies of Western Christendom? Did it flourish because of or despite Catholic Christianity? Why was there no analogue to this in Eastern Christendom? Why was there none under Islam? Is Machiavelli a friend or a foe of liberty? Does he reaffirm Europe's classical heritage or reject it? What was the character of the Rome he imagined in his Discourses on Livy? Did Machiavelli restate or reject Livy's account of the foundations for republican freedom? What was the character of the republicanism espoused by Marchamont Nedham? Did it differ at all in spirit and institutions from that proposed by Machiavelli? What did Thomas Hobbes think of classical republicanism? How did he respond to Machiavelli? What did Machiavelli, Nedham, and Hobbes think of the Christian church? How does James Harrington fit into this scheme? What was the character of his republicanism? To what degree is Locke an heir to these arguments? What does he add to the picture that was not there before? When were Cato's Letters published? What is the character of the polity espoused therein? To what degree are these arguments familiar to Americans? What does Montesquieu do with this political tradition? How does he reshape its arguments? Where lies his emphasis? What does he mean by principle? In his opinion, how do republics, monarchies, and despotisms differ? Why does he speak of monarchy as a moderate government? What does he mean by liberty? Why does he so praise the English form of government? What is the principle of the English government? Do the English enjoy liberty?


Day Three: The Causes and Consequences of the American Revolution

Background Reading:
  • *Edmund S. Morgan, The Birth of the Republic: 1763-1789 (Chicago: University of Chicago Press, 1977) 1-76.
  • Paul A. Rahe, Republics Ancient and Modern III: Inventions of Prudence: Constituting the American Regime (Chapel Hill: University of North Carolina Press, 1994) 1-30.
Primary Reading:
  • *From The Founders' Constitution: Declaration of Independence, pp. 9-11; Resolutions of the House of Representatives of Massachusetts, 29 October 1765, pp. 629-30; Massachusetts House of Representatives Circular Letter to Colonial Legislatures, 11 February 1768, pp. 632-33.
  • *^Richard Bland, "An Inquiry into the Rights of the British Colonies," 1766; John Dickinson, "Letters from a Farmer in Pennsylvania," 1767-68.
  • *From The Founders' Constitution: Thomas Jefferson, "A Summary View of the Rights of British America," 1774, pp. 435-41; Continental Congress, "Declaration of Resolves," 14 October 1774, pp. 1-3; Edmund Burke, "Speech on Conciliation with the Colonies," 22 March 1775, pp. 3-6; Alexander Hamilton, "The Farmer Refuted," 23 February 1775, pp. 90-92; Thomas Jefferson, Letter to John Adams, 28 October 1813, pp. 568-79.
  • *^Letter from John Adams to H. Niles, 13 February 1818; Letter from Thomas Jefferson to Henry Lee, 8 May 1825; Letter from Thomas Jefferson to Roger C. Weightman 24 June 1826.
Recommended for Subsequent Study:
  • Bernard Bailyn, The Ideological Origins of the American Revolution (Cambridge: Harvard University Press, 1992).
  • Edmund S. Morgan and Helen M., The Stamp Act Crisis: Prologue to Revolution (Chapel Hill: University of North Carolina, 1995).
  • Pauline Maier, From Resistance to Revolution: Colonial Radicals and the Development of American Opposition to Britain, 1765-1766 (New York: W. W. Norton, 1991).
  • Jack N. Rakove, The Beginnings of National Politics: An Interpretive History of the Continental Congress (New York: Alfred A. Knopf, 1979) 3-110.
  • Joseph Ellis, Founding Brothers: The Revolutionary Generation (New York: Knopf, 2000).
  • Robert Middlekauf, The Glorious Cause: The American Revolution, 1763-1789 (New York: Oxford University Press, 1986).
Focus Questions:

To what degree do the arguments advanced by the American colonists echo those of the ancient Greeks and Romans? To what degree are they a restatement of the arguments advanced by the English republicans and their Whig successors? Do they owe anything at all to Machiavelli? Do they owe anything to Montesquieu? How do the arguments of the Massachusetts House of Representatives in 1765 and 1768 differ from the argument of the Declaration of Independence? Is it possible to trace a development in the argument of the Colonists? What do they emphasize more as the conflict with Great Britain proceeds? What becomes less important? Is it true, as Edmund Morgan says (p.100), that "all the colonial demands might have been satisfied within the limits of [the] empire"? How would the colonial demands have changed the empire? How did the American revolutionaries understand "the laws of nature and of nature's God" and the "unalienable rights" of man? What did they mean by proclaiming that "all men are created equal"? How did they deduce from those principles the moral necessity of government founded on consent? Is it true, as Edmund Morgan claims (p.76), that the Declaration of Independence "would not have precluded a monarchial form of government for the United States"?


Day Four: From the Crisis of the Confederation to the Federal Convention of 1787
Background Reading:
  • *Edmund S. Morgan, The Birth of the Republic: 1763-1789 (Chicago: University of Chicago Press, 1977) 77-143.
Primary Reading:
  • *From The Founders' Constitution: Articles of Confederation, 1 March 1781, pp. 23-26; James Madison, "Vices of the Political System of the United States," April, 1787, pp. 166-69.
  • *James Madison, Notes of Debates in the Federal Convention of 1787, ed. Adrienne Koch (Athens: Ohio University Press, 1966) 23-313.
  • ^Walter Berns, "The Writing of the Constitution," and Robert Goldwin, "Why Blacks, Women, and Jews Are not Mentioned in the Constitution."
Recommended for Subsequent Study:
  • Jack N. Rakove, The Beginnings of National Politics: An Interpretive History of the Continental Congress (New York: Alfred A. Knopf, 1979) 111-399.
  • Gordon S. Wood, The Creation of the American Republic, 1776-1787 (Chapel Hill: University of North Carolina Press, 1969) 125-467.
  • The Popular Sources of Political Authority: Documents on the Massachusetts Constitution of 1780, ed. Oscar and Mary F. Handlin (Cambridge: Harvard University Press, 1966).
  • C. Bradley Thompson, John Adams and the Spirit of Liberty (Lawrence: University Press of Kansas, 1998).
  • Paul Eidelberg, The Philosophy of the American Constitution: A Reinterpretation of the Intentions of the Founding Fathers (New York: The Free Press, 1968), 3-105.
Focus Questions:

What was the nature and what were the defects of America's first national constitution, the Articles of Confederation? Outline a chronology of the major events of the Constitutional Convention as if you were describing the plot of a play. What are the major "turning points" of the action? Who are the major characters? What are the major differences in structure, powers, and functions between the various plans in the Convention? How was the question of the authority of the Convention and the proper scope of its deliberations raised and dealt with? What were the major questions in the construction of the major institutions of the Constitution? Where is the concept of "judicial review" and the overall character of the judiciary formulated in the Convention's deliberations? Why is the Judiciary so sketchy in the final Constitution as opposed to the other branches? How did the issue of slavery slip in and out of--and occasionally dominate--the deliberations of the Convention? How really "novel" is the United States Constitution? If it is truly novel, how so? If not, why did its framers believe that it was? Is there a "design" or "overarching theory" to the final Constitution? Or, is it best understood as a "loose compromise" without guiding principle to either its whole structure or its parts? What did some of the major players in the Convention consider the Constitution's major defects? What do you think the Constitution's major defects are/were? From the perspective of ancient regime analysis, was the American constitution democratic? aristocratic? monarchical? mixed? How was the Constitution influenced by Machiavelli, the English republicans and their Whig successors, and Montesquieu?


Day Five: From the Federal Convention of 1787 to the Ratification Debates

Background Reading:
  • *Edmund S. Morgan, The Birth of the Republic: 1763-1789 (Chicago: University of Chicago Press, 1977) 144-55.
Primary Reading:
  • *James Madison, Notes of Debates in the Federal Convention of 1787, ed. Adrienne Koch (Athens: Ohio University Press, 1966) 314-659.
  • *The Federalist nos. 1-2, 6-7, 9-12, 14-15, 17-18, 20-24, 27, 31.
  • ^Charles Thach, The Creation of the Presidency, Chaps. 4-5.
Recommended for Subsequent Study:
  • Paul Eidelberg, The Philosophy of the American Constitution: A Reinterpretation of the Intentions of the Founding Fathers (New York: The Free Press, 1968) 106-260.
  • Ratifying the Constitution, ed. Michael Allen Gillespie and Michael Lienesch (Lawrence: University Press of Kansas, 1989).
  • David F. Epstein, The Political Theory of the Federalist (Chicago: University of Chicago Press, 1984).
Focus Questions for Days Five and Six:

What is Publius' ends/means argument? Does it imply that our Government is unlimited in its powers? What is the Anti-Federalist response to Publius? To what extent can and should government be limited by restricting constitutional grants of power? What is Publius' view of federalism? Does the Constitution establish a stable, limited federalism or an uneasy compromise tending toward consolidation? How important is federalism to the maintenance of limited government? What is the case for the separation of powers? What view of politics underlies it? What is the argument against it as presented by the Anti-Federalists? To what extent do they agree with current critics of separation? Is separation a source of energy, liberty, and institutional vigor or a cause of stagnation, confusion, and irresponsible government? What is Publius' argument for an energetic government? What leads his executive to be a source of that energy? How does he understand the job of presidential leadership? How democratic is his executive? Does the Constitution establish Presidential government? What is Publius' argument against a Bill of Rights? Why do the Anti-Federalists desire a Bill of Rights? Do their arguments differ from the current defenses of a Bill of Rights? How essential is the Bill of Rights to the maintenance of liberty in America?


Day Six: The Ratification Debates


Background Reading:
  • Herbert J. Storing, What the Anti-Federalists Were For: The Political Thought of the Opponents of the Constitution (Chicago: University of Chicago Press, 1981).
  • *Paul A. Rahe, Republics Ancient and Modern III: Inventions of Prudence: Constituting the American Regime (Chapel Hill: University of North Carolina Press, 1994) 31-108.
Primary Reading:
  • *The Federalist nos. 37-39, 41-43, 45-47, 49, 51-53, 55, 57, 60, 62-64, 66-73, 78-79, 83-85.
  • *The Anti-Federalist: Writings by the Opponents of the Constitution, ed. Herbert J. Storing (Chicago: University of Chicago Press, 1985).
Recommended for Subsequent Study:
  • Ratifying the Constitution, ed. Michael Allen Gillespie and Michael Lienesch (Lawrence: University Press of Kansas, 1989).
  • David F. Epstein, The Political Theory of the Federalist (Chicago: University of Chicago Press, 1984).
  • Friends of the Constitution: Writings of the "Other" Federalists, 1787-1788, ed. Colleen A. Sheehan and Gary L. McDowell (Indianapolis: Liberty Fund, 1998).
Focus Questions: See Day Five

Day Seven: Constitutional Controversy and Developments in The Early National Period: Federalist and Republican Politics and Perspectives, 1789-1803

Background Reading:
  • *Paul A. Rahe, Republics Ancient and Modern III: Inventions of Prudence: Constituting the American Regime (Chapel Hill: University of North Carolina Press, 1994) 109-230.
Primary Reading:
  • *Liberty and Order: The First American Party Struggle, ed. Lance Banning (Indianapolis: Liberty Fund, 2004).
    • James Madison, The Bank Bill, 2 February 1791 and 8 February 1791.
    • Alexander Hamilton, "Opinion on the Constitutionality of the Bank," 23 February 1791.
    • ____________, "Report on the Subject of Manufactures," 5 December 1791.
    • George Washington, The Farewell Address
    • Thomas Jefferson, The Kentucky Resolutions
    • James Madison, Report on the Virginia Resolutions
    • Selected Diplomatic Documents
  • ^Marbury v. Madison
Recommended for Subsequent Study:
  • Stanley Elkins and Eric McKitrick, The Age of Federalism (Oxford: Oxford University Press, 1993).
  • Matthew Spalding and Patrick J. Garrity, A Sacred Union of Citizens: George Washington's Farewell Address and the American Character (Lanham, MD: Rowman & Littlefield, 1996).
  • Karl-Friedrich Walling, Republican Empire: Alexander Hamilton on War and Free Government (Lawrence: University Press of Kansas, 1999).
  • Lance Banning, The Sacred Fire of Liberty: James Madison & the Founding of the Federal Republic (Ithaca: Cornell University Press, 1995).
  • Gary Rosen, American Compact: James Madison and the Problem of Founding (Lawrence: University Press of Kansas, 1999).
  • David N. Mayer, The Constitutional Thought of Thomas Jefferson (Charlottesville: University Press of Virginia, 1994).
Focus Questions:

What issues dominated the task of constitutional and political formation after the ratification of the Constitution? What differing interpretations of the new constitutional structure and of national purpose divided the Federalists from the Jeffersonian Republicans? What is the historic significance of the election of 1800? Is John Marshall's argument for judicial review persuasive?