MLS
The American Founding: Principles, Practices, Controversies
Fall 2017
Professor Evan Oxman
Meetings: Saturday 10-12 PM, Newberry Library
Email: [email protected]
Phone (cell): 312-805-3602
Course Description/Overview: American politicians and legal scholars often support their
opinions by referring to the Founding era of the United States. But what exactly occurred during
those important years at the end of the 18th century? What were the major debates about the
ratification of the Constitution and how were they resolved? Are these founding principles and
institutions still worthy of support as they stand? Do they need to be revised to meet changed
circumstances and, if so, to what degree?
In this course, we will carefully interrogate the history and political philosophy of the Founding
Era by examining a wide selection of key texts. In addition, we will explore how different
generations of Americans have (re)-interpreted the meaning of these texts. Finally, we will
consider how and why debates surrounding the meaning of the Founding era are still very much
present in virtually all of the major political controversies of our day.
Besides having rich substantive discussions, we will also take time to consider the best and most
effective pedagogical techniques you might use in your own classrooms when teaching these
materials.
This course will meet every other Saturday beginning August 27. During weeks where we do not
physically meet, we will be discussing the material online via forums set up on moodle:
http://moodle2.lakeforest.edu
Required Texts: All of the course readings will be posted electronically on moodle. Given the
importance we will attach to closely examining the texts in question, you are required to bring
them with you to class. While I admit to having a preference for hard copies, having them
accessible via laptop or tablet is sufficient.
We will also be making use of the National Constitution Center’s “Interactive Constitution.”
http://constitutioncenter.org/interactive-constitution
This will be a great resource for you both in terms of this course, and in your own classrooms. I
encourage you to start exploring this amazing website early and often.
Grading Metric:
Class Participation (Physical): 25%
Class Participation (Virtual): 25%
Curriculum Project/Research Paper/Presentation: 50%
Participation (Physical): It is important you come to class having done the reading and ready to
critically discuss the material with your classmates. While being vocal is important, so is being
respectful and attentive to others. Responding to others’ points by name is the best way to build a
genuine conversation. Because we are discussing politics, it is possible that the conversation may
get heated at times. I think it is healthy to engage with the arguments of others, especially those
whom we disagree with, but being respectful and charitable are equally important. Given this
course will be run as a seminar, being prepared, engaged, and vocal will be crucial to making this
course as fun and interesting as it can possibly be.
Participation (Virtual): During the weeks we are not meeting, you will be required to post a
minimum of 3 comments on the forums set up on moodle. While I will not be counting words,
each comment should roughly be a short paragraph in length. In addition to responding to the
question(s) I pose, you are strongly encouraged to directly respond to the comments and/or
questions posted by your classmates. My hope is that we will be able to continue the
conversations we have in the classroom in an online setting.
Curriculum Project/Research Paper/Presentation: There are two options for your major
assignment for the course: (1) a project where you and other members of a small group develop
some kind of curriculum for your own high school course(s). Options include creating a new
course and/or designing new lesson plans for an already existent course. (2) a 25-30 page paper
on a topic of your choosing subject to instructor approval. Regardless of whether you choose
option (1) or (2), you will be required to present your work to the class at the end of the semester.
More details and advice about this assignment will be forthcoming once the semester begins.
Statement on Academic Integrity and Honesty:
Academic integrity is the single most important part of the learning process. This class will
function with the highest standards of honesty and commitment. I expect that all written work
performed for this class will be of your own creation and all works used (even your own words
taken from previous papers and writings) will be explicitly acknowledged by author and source.
As your professor, it is my responsibility to create an environment for learning that is in
accordance with these standards. Please read and familiarize yourself with the Academic
Honesty Policy in the Student Handbook at http://www.lakeforest.edu/live/files/397 . If you
have any questions about academic honesty and whether you are acting in accordance with the
policy, always consult me
Course Schedule:
(Dates that are bolded represent our meetings at the Newberry Library)
I. The Declaration of Independence
8/26: Read: (1) English Bill of Rights (1689), (2) Declaration and Resolves of the First
Continental Congress, (3) The Declaration of Independence, (4) excerpts from Thomas Paine,
Common Sense
9/2: Read: (1) President George W. Bush’s Second Inaugural Address, (2) Peter Singer,
“America the Hypocritical,” (3), Amy Davidson, “The Declaration and Guantanamo,” (4)
Donald Trump, “I Will Do Whatever it Takes.”
II. The Articles of Confederation and their (Illegal?) Revision
9/9: Read: (1) The Articles of Confederation, (2) James Madison, “Vices of the Political System
of the United States, (3) Centinel, no. 6, (4) US Constitution, Article VII, (5) Federalist #40
9/16: Read (1) US Constitution, Article V, (2), excerpts from Akhil Reed Amar, “Philadelphia
Revisited,” (3) Ashley Balcerzak, “The Constitutional Convention 2016?”
III. The US Constitution: Democratic or Oligarchic?
9/23: Read: (1) US Constitution, Preamble, Articles 1-3 (2) Federalist #10, (3) Federalist #51, (4)
excerpts from Anti-Federalist writings
9/30: Read: (1) excerpts from Charles Beard, “An Economic Interpretation of the Constitution of
the United States, (2) excerpts from Robert Dahl, How Democratic is the American
Constitution?
IV. Federalism
10/7: Read: (1) Federalist #39, (2) speeches by Patrick Henry at the Virginia Ratifying
Convention (June 4-12, 1788), (3) speeches by James Wilson at the Pennsylvania Ratifying
Convention (Dec 1-11, 1787), (4) The Virginia Resolution of 1798, (5) The Kentucky
Resolutions of 1798, (6) excerpts from John C. Calhoun, A Discourse on the Constitution and
Government of the United States, (7) letter from Madison to Everett (Aug 1830)
10/14: Read: (1) excerpts from Sotirios A. Barber, The Fallacies of States’ Rights, (2) excerpts
from Rick Perry, Fed Up! Our Fight to Save America from Washington
V. Judicial Review
10/21: Read: (1) Federalist #78, (2) excerpts from Brutus and the Federal Farmer, (3) Marbury v.
Madison
10/28: Read: (1) excerpts from Ronald Dworkin, Taking Rights Seriously, (2) excerpts from
Jeremy Waldron, “The Core of the Case Against Judicial Review”
VI. The Bill of Rights
11/4: Read: (1) US Bill of Rights, (2) Federalist #84, (3) Speech by Patrick Henry at the Virginia
Ratifying Convention (June 1788), (4) “Interactive Constitution” on the Free Exercise Clause
(http://constitutioncenter.org/interactive-constitution/amendments/amendment-i/the-freeexercise-clause/interp/32)
11/11: Read (1) excerpts from FDR’s State of the Union (1/11/44), (2) “Interactive Constitution”
on the Eight Amendment (http://constitutioncenter.org/interactiveconstitution/amendments/amendment-viii)
11/18: Presentations