“Every word … decides a question between power & liberty.”
–James Madison, January 18, 1792
[PRINTABLE SYLLABUS]
Books
- Eric Foner, The Second Founding: How the Civil War and Reconstruction Remade the Constitution (New York: W.W. Norton, 2019)
- Gordon S. Wood, Power and Liberty: Constitutionalism in the American Revolution (New York: Oxford, 2021)
Additional Readings & Resources
- Avalon Project at Yale Law School, various documents [WEB]
- Carlisle Indian School Digital Resource Center: Richard Henry Pratt speech (1892)
- Casey Cep, “The Imperfect, Unfinished Work of Women’s Suffrage,” New Yorker July 1, 2019 [WEB]
- Casey Cep, “Deb Haaland Confronts the History of the Federal Agency She Leads,” New Yorker, April 29, 2024 [WEB]
- Saul Cornell, “Aristocracy Assailed: The Ideology of Backcountry Anti-Federalism,” Journal of American History76 (March 1990): 1148-1172. [JSTOR]
- Mary L. Dudziak, “Brown as a Cold War Case,” JAH 91 (June 2004): 32-42 [JSTOR]
- Amanda Frost, “’By Accident of Birth’: The Battle Over Birthright Citizenship After United States v. Wong Kim Ark,” Yale Journal of Law & Humanities 32 (2021): 38-76 [WEB]
- Timothy B. Huebner, “Roger B. Taney and the Slavery Issue: Looking Before –and Beyond—Dred Scott.” Journal of American History 97 (June 2010): 17-38. [JSTOR]
- Knowledge for Freedom seminar (KFF): Debating Slavery (1787) and Lincoln (1861)
- Walter LaFeber, “The Constitution and United States Foreign Policy: An Interpretation,” Journal of American History 74 (Dec. 1987): 695-717. [JSTOR]
- Jill Lepore, “Flip-Flopping on Free Speech,” New Yorker, October 1, 2017 [WEB]
- Library of Congress: Federalist Papers (1787-88) [WEB]
- Mount Vernon: Washington Farewell’s Address (1796) [WEB]
- National Archives: Declaration (1776), Articles of Confederation (1777), US Constitution (1787), Bill of Rights (1791)
- National Constitution Center: Interactive Constitution [WEB]
- Matthew Pinsker, “After 1850: Reassessing the Impact of the Fugitive Slave Law,” in D.A. Pargas, Fugitive Slaves and Spaces of Freedom (2018), 93-115. [WEB]
- David A. Strauss, “The Irrelevance of Constitutional Amendments.” Harvard Law Review 114 (March 2001): 1457-1505. [JSTOR]
- Aaron Tang, “Lessons from Lawrence: How “History” Gave Us Dobbs—And How History Can Help Overrule It,” Yale Law Journal, FORUM: April 24, 2024 [WEB]
First Essay –1787 Constitution
On Friday, October 17, students will submit a 3-5 page typed, double-spaced essay on a topic about the formation of the 1787 Constitution provided to them in class on the previous Thursday, October 9. All essays must use primary sources from the course syllabus and Gordon Wood’s Power and Liberty (2021) properly cited with Chicago-style footnotes. Outside research is allowed but not required. Essays will be graded on depth of analysis, use of evidence, and quality of prose. Late essays will be penalized up to 5 points each day.
Second Essay –Second Founding
On Friday, November 14, students will submit a 3-5 page typed, double-spaced essay on a topic about the Reconstruction era constitutional amendments provided to them in class on the previous Thursday, November 6. All essays must use primary sources from the course syllabus and Eric Foner’s Second Founding (2019), properly cited with Chicago-style footnotes. Outside research is allowed but not required. Essays will be graded on depth of analysis, use of evidence, and quality of prose. Late essays will be penalized up to 5 points each day.
Research Journal posts
Students will submit two research journal entries (2-4 pages each or about 500 to 1,000 words per entry), posted PRIVATE at the course website. These narrative posts will detail research efforts for the final papers. The first entry (due by Tuesday, December 2) will describe the search for relevant secondary sources, especially in academic books and articles. The second entry (due by Tuesday, December 9) will describe the search for relevant primary sources, especially those available in published or digital format. Journal entries do not require footnotes, but they should include Chicago-style bibliographies and 2 to 3 images, properly captioned and credited. Entries will be graded on research effort, depth of analysis and quality of prose. Late entries will be penalized up to 5 points each day.
Final Paper –Constitutional Change, 1876-1976
By Friday, December 19, students will submit a 10- to 12-page narrative paper that analyzes an amendment, landmark Supreme Court case or major constitutional crisis between the period 1876 to 1976 that resulted in a practical change to the US Constitution. Students should build their papers on a strong foundation of primary and secondary sources to tell a story that puts specific historical figures and their constitutional arguments with each other at the center. All papers should be typed and double-spaced as Word or PDF documents with title page and Chicago-style footnotes (no bibliography required). Papers will be graded on research effort, analysis, and prose. These final papers are due by 5pm on December 19.
Grade Distribution
Class Participation 20 percent
First Essay (1787 Constitution) 20 percent
Second Essay (Second Founding) 20 percent
Research journal posts 10 percent
Final Paper 30 percent
Class Schedule
| Day | Date | Discussion Topic | Reading Assignment |
| Part 1 | Landmark Texts | ||
| Monday | 9/1 | Methods & Expectations | |
| Thursday | 9/4 | Declaration of Independence (1776) | Declaration (National Archives) |
| Monday | 9/8 | Articles of Confederation (1781) | Articles (National Archives) |
| Thursday | 9/11 | US Constitution (1787) | Constitution (National Archives) |
| Monday | 9/15 | Federalist Papers (1788) | #10, #51, #70, #78 (Library of Congress) |
| Thursday | 9/18 | Bill of Rights (1791) | Bill of Rights (National Archives) |
| Monday | 9/22 | Washington’s Farewell Address (1796) | Washington (direct link to transcript)(Mount Vernon) |
| Thursday | 9/25 | Lincoln’s First Inaugural Address (1861) | Lincoln (KFF) |
| Part 2 | Historical Context | ||
| Monday | 9/29 | Revolutionary Thinking | Wood, Intro + chaps. 1-2 |
| Thursday | 10/2 | NO CLASS | YOM KIPPUR |
| Monday | 10/6 | Crisis and Convention | Wood, chaps. 3-4 |
| Thursday | 10/9 | Slavery and the Constitution | Wood, chap. 5 + Debating (KFF) |
| Monday | 10/13 | Independent Judiciary | Wood, chap. 6 |
| Thursday | 10/16 | Carlisle and the Constitution | Cornell article |
| Friday | 10/17 | Constitutional essays | Due by 5pm |
| Monday | 10/20 | NO CLASS –FALL PAUSE | |
| Thursday | 10/23 | Thirteenth Amendment | Foner, Intro + chap. 1 |
| Monday | 10/27 | Fourteenth Amendment | Foner, chap. 2 |
| Thursday | 10/30 | Fifteenth Amendment | Foner, chap. 3 |
| Monday | 11/3 | Supreme Court and Second Founding | Foner, chap. 4 |
| Thursday | 11/6 | Woman’s Suffrage | Cep article on Suffrage |
| Monday | 11/10 | Chinese Exclusion and Birthright Citizenship | Frost article |
| Thursday | 11/13 | Carlisle and Indian Citizenship | Pratt speech + Cep article on Haaland |
| Friday | 11/14 | Second essays | Due by 5pm |
| Part 3 | Subtext and Original Intent | ||
| Monday | 11/17 | Imperial Presidency | LaFeber article |
| Thursday | 11/20 | From Fugitive Slaves to Illegal Aliens | Pinsker article |
| Monday | 11/24 | Remembering Dred Scott | Huebner article |
| Thursday | 11/27 | NO CLASS –THANKSGIVING | |
| Monday | 12/1 | Brown v. Board and the Cold War | Dudziak article |
| Tuesday | 12/2 | Research journal –Secondary sources | Due by 5pm |
| Thursday | 12/4 | Campus Free Speech | Lepore article |
| Monday | 12/8 | From Roe to Dobbs –And Beyond | Tang article |
| Tuesday | 12/9 | Research journal –Primary sources | Due by 5pm |
| Thursday | 12/11 | Changing Our Constitution | Strauss article |
| Friday | 12/19 | Final papers due | By 5pm |