Nationbuilding: The Amendment of the Constitution

Linda K. Steinmann

Gilder Lehrman Fellow
January 1995

Works Cited

Bremer, Howard F.,ed. John Adams, 1735-1826. Dobbs Ferry, N.Y., 1967.

Brock, Peter. The Quaker Peace Testimony, 1660-1914. York, U.K. Sessions Book Trust, 1990.

Dictionary of American Biography. Allen Johnson et al., eds. New York, 1928.

Elkins, Stanley and Eric Mc Kittrick. The Age of Federalism. New York: Oxford, 1993.

Ellis, Joseph J. Passionate Sage. New York: Norton, 1993.

Farrand, Max.Records of the Federal Convention of 1787. New Haven, 1987.

Foner, Eric and J. Garraty, eds. A Reader's Guide to American History. Boston: Houghton, Miflin, 1991

Hirst, Margaret E. The Quakers in Peace and War. London: Swarthmore Press, 1972

Kaminski, John P., and G. Saladino, eds. Commentaries on the Constitution. Madison WI: State Historical Society, 1981. Volume XIII.

Larson, Martin A. The Essence of Jefferson. Washington, D.C.: Binns, 1977.

Malone, Dumas. Jefferson, The President. Boston: Little, Brown, 1974.

Mc Keel, Arthur J. The Relation of the Quakers to the American Nation. Washington, DC, 1979.

_______. "Quakers." Dictionary of American History

Padover, Saul K. Jefferson. New York: Harcourt Brace (Mentor Edition), 1952.

Peterson, Merrill. Thomas Jefferson and the New Nation. New York: Oxford, 1975.

_______. "Jefferson and Religious Freedom". Atlantic Monthly. December 1994. Downloaded from America Online.

Randall, Willard Sterne. Thomas Jefferson; A Life. New York: Henry Holt, 1993.

Washington, George. Papers. Ed. W.W. Abbot and D. Twohig. Charlottesville:U Va Press,


Footnotes

  1. {PAGE \# "'Page: '#' '"|Page: 1}[LS1]

  2. {PAGE \# "'Page: '#' '"|Page: 2}[LS2] Article I section 1 calls for 1 representative for every thirty thousand

  3. {PAGE \# "'Page: '#' '"|Page: 2 }[LS3] This became the 27th amendment in May 1992.

  4. {PAGE \# "'Page: '#' '"|Page: 2 }[LS4] Why was this left out? Was is the significance of its omission vis `a vis the treatment of the Quakers during the Revolution and the War of 1812? Are the rights of conscientious objectors respected today? What rights do they have?

  5. {PAGE \# "'Page: '#' '"|Page: 3 }[LS5] Why except military trials?

  6. {PAGE \# "'Page: '#' '"|Page: 3 }[LS6] This amendment is very specific. The republicans including Madison favored specifics. The Federalists did not, Which is better, in your opinion? Why?

  7. {PAGE \# "'Page: '#' '"|Page: 3 }[LS7] The republicans favored "incorporation" the applying of the Bill of Rights to the states, the Federalists did not. Why do you think this idea was so unpopular at the time? How did early supreme Court cases assure that it was not to be? When was "incorporation"' made officially Constitutional? Why was it not used until an "activist" Supreme Court applied it? Have we benefited from incorporation? How?

  8. {PAGE \# "'Page: '#' '"|Page: 3 }[LS8] Argument against: Already in "checks and balances" argument for: If this were an amendment would we have needed the War Powers Act of 1973?

  9. {PAGE \# "'Page: '#' '"|Page: 3 }[LS9] See Federalist Papers for argument re: this amendment

  10. {PAGE \# "'Page: '#' '"|Page: 4 }[LS10] The Senate only passed 12 of which ten were ratified by states and the 11th was ratified in 1992 as the 27th Amendment.

  11. {PAGE \# "'Page: '#' '"|Page: 5 }[LS11] Add copy of lesson from We the People on How do we have a Bill of Rights, also, page from Elkins, Federalist, page from Government by the People on 27th Amendment.

  12. {PAGE \# "'Page: '#' '"|Page: 6 }[LS12] Strategy One answers: Questions 1,2 and 3 = I, II not ratified ( II became amendment 27 in May 1992), III, IV became 1st Amendment in an edited form, V became 2nd Amendment also edited, VI=3rd, VII=4th edited , VIII= 5th, IX, X=6th edited, XII = 7th with additions, XIII=8th, XV=9th, XIV, XI, XVI rejected by the Senate, XVII=10th.

    {PAGE \# "'Page: '#' '"|Page: 6 }[LS13] Possible reasons: The Senators more sensitive to "states Rights' and therfore more likely to reject XIV. XI might contradict Article III of the Constitution, XVI could also be construed as redundant since it is already covered in the body of the Constitution Articles I, II, and III- the system of checks and balances.

  13. {PAGE \# "'Page: '#' '"|Page: 6 }[LS14] 9 out of 13; 38 out of 50 = 3/4ths of all the states

  14. {PAGE \# "'Page: '#' '"|Page: 6 }[LS15] Madison feared that the states would be the ones who might deprive citizens of their rights. In Federalist #51, he expressed concern over the tyranny of the majority. The southern states and the anti-Federalists did not agree. they felt that the closer the government was to the people the better able it was to respond to their needs. Yet, history has proved Madison to be correct. In 1868, the 14th amendment was added to the Constitution which extended the protections of the Bill of Rights by "incorporating" them and applying them to the states as well as the federal government (see Background). It has been the duty of the Federal Government and the Supreme Court to redress the abuse of rights by states. One could point to such events as the desegregation of Little Rock under the protection of Federal troops and in cases as Brown v. Board of Education Topeka, Gideon v. Wainwright, and Miranda v. Arizona.

  15. {PAGE \# "'Page: '#' '"|Page: 6 }[LS16]See attached (Xerox Government by the People)

  16. {PAGE \# "'Page: '#' '"|Page: 16 }[LS17]He was

  17. {PAGE \# "'Page: '#' '"|Page: 19 }[LS18]He was

  18. {PAGE \# "'Page: '#' '"|Page: 19 }[LS19] Jefferson was in Paris

  19. {PAGE \# "'Page: '#' '"|Page: 22 }[LS20]Atlantic

  20. {PAGE \# "'Page: '#' '"|Page: 22 }[LS21]"

  21. {PAGE \# "'Page: '#' '"|Page: 22 }[LS22] Larson .228

  22. {PAGE \# "'Page: '#' '"|Page: 22 }[LS23] larson 229

  23. {PAGE \# "'Page: '#' '"|Page: 22 }[LS24] Larson 248


Course Syllabus