Political Science 3192W.80

Fall 2012

The Constitution:

History and Ideas in the Thought of James Madison

Tuesdays, 7:10-9:00

Professor Steven Kelts

Office: Monroe Hall, #415 (202) 994-7582

Office Hours: Mon 1:30-2:30

Summary: What is the Constitution? Is it synonymous with the Bill of Rights? Or is the true value of the Constitution in the enduring institutional framework which it established? What historical ideas went into framing those institutions, and also our guarantees of rights?

In this course, we will focus on James Madison’s role in framing the Constitution. We will focus specifically on property rights, and see that there were many divergent theories of property and commerce among the Founders. Then we will contemplate the changes in American theories of property that occurred in the decades after the Constitution.

Learning Objectives:

As a result of completing this course, students will be able to:

1) perform close textual analysis of foundational American documents;

2) explain contrasting historical views on property andidentify specific differences;

3) explain the role of these views in the arguments of America’s Founders.

Schedule: We will meet on Tuesdays. This course will be an extended “conversation” about the Constitution – meaning that the professor will not lecture. A successful class will require students to have done the readings and to come to class with ideas they are ready to share.

Texts: A list of course texts, including ISBN information, is on the last page of this syllabus. They are by Locke, Madison, and Rakove. There are also a number of readings that will be excerpted, and available in electronic form on Blackboard (marked Bb below).

Grading: Undergraduate students will write one 25-30 page (7500+ words) research paper for 70% of the final grade – due Tuesday, 12/04/11. Class participation will comprise the remaining 30% of the grade. This paper may include outside research, done in consultation with the professor. But it is entirely possible to compose an excellent undergraduate research paper using only the sources listed on this syllabus.

Graduate students will write one 30-page (8000+ words) research paper for 100% of the final grade. This paper must include significant outside research done in consultation with the professor. Class participation is expected.

Class Policies: Please see the final page of this syllabus. Note these important policies: 1) Attendance is required; 2) Late work will be docked 1 letter grade, with an additional 1/3 of a letter grade (from a B to a B- for instance) for each day late thereafter; 3) Any instance of academic dishonesty will result in failure of the course.

T: August 28Introduction: What is the Constitution?

Liberalism and Property Rights: The Origins of the Constitution

The Liberalism of John Locke

T: September 4Property: Locke’s Fundamental Value

The Second Treatise, Chapters 1-5.

T: September 11Freedom, Equality and Legislative Power

The Second Treatise, Chapters 6-9, 10-14; §§ 211-231.

Were all of the Founders liberals?

T: September 18The Roots of the Revolution, and the Crisis of Virtue

Selections of Bailyn’s The Ideological Origins of

the American Revolution on Bb.

Selections of Wood’s The Creation of the American

Republic: 1776-1787 on Bb.

Framing and Debating the Constitution

Madison’s Role in Creating the Constitution

T: September 25Madison Before, During After The Federal Convention

Vices of the Political Systems of the U.S. (handout).

Selections of Madison’s Notes on Bb.

Selections from Madison’s letters (handout).

Federalists 10, 14, 20, 37, 39, 41, 43, 51.

T: October 2Reconsidering Madison’s “Extensive Republic”

Federalists 44, 46-48, 50-53, 55, 57, 63. Jack Rakove, Original Meanings, Chapters 1-4.

T: October 9The Struggle for Ratification and the Bill of Rights

Jack Rakove, Original Meanings, Chapters 5, 6 and 10.

What Did the Constitution Really Mean, and What Did it Really Do?

The Liberal and Pluralist Interpretations of the Constitution

T: October 16Was America Founded by Liberals or Not?

Selections of Hartz’s The Liberal Tradition on Bb.

T: October 23Is America Anti-Democratic?

Selections of Dahl’s Democratic Theory on Bb.

The Economic Interpretation of the Constitution

T: October 30The Reign of Property Holders in Early America?

Selections of Beard’s An Economic Interpretation

of the Constitution on Bb.

T: November 6No Class: Election Day!

T: November 13Property Rights and Capitalism After the Constitution

Selections of McDonald’s Novus Ordo Seclorum on Bb.

Wood’s “Inventing American Capitalism”on Bb.

T: November 20No Class: Thanksgiving Break!

The Constitution and Legal Change in America

T: November 27How America Became a Commercial Nation

Selections of Nelson’s Americanization of the

Common Law on Bb.

Final paper Due 12/06

CLASS POLICIES

1) Attendance is required.

2) Late work will be docked 1 letter grade, with an additional 1/3 of a letter grade (from a B to a

B- for instance) for each day late thereafter.

3) University Policy on Religious Holidays:

1. Students should notify faculty during the first week of the semester of their intention to be absent from class on their day(s) of religious observance;

2. Faculty should extend to these students the courtesy of absence without penalty on such occasions, including permission to make up examinations.

ACADEMIC INTEGRITY

I uphold the GW Code of Academic Integrity, though students should be aware that more severe penalties will be assessed in this class: Any instance of academic dishonesty will result in failure of the course.

The Code states: “Academic dishonesty is defined as cheating of any kind, including misrepresenting one's own work, taking credit for the work of others without crediting them and without appropriate authorization, and the fabrication of information.” For the remainder of the code, see:

SUPPORT FOR STUDENTS OUTSIDE THE CLASSROOM

DISABILITY SUPPORT SERVICES (DSS)

Any student who may need an accommodation based on the potential impact of a disability should contact the Disability Support Services office at 202-994-8250 in the Marvin Center, Suite 242, to establish eligibility and to coordinate reasonable accommodations. For additional information please refer to:

UNIVERSITY COUNSELING CENTER (UC)

The University Counseling Center (UCC) offers 24/7 assistance and referral to addressstudents'personal, social, career, and study skillsproblems. 202-994-5300

SECURITY

In the case of an emergency, if at all possible, the class should shelter in place. If the building that the class is in is affected, follow the evacuation procedures for the building. After evacuation, seek shelter at a predetermined rendezvous location.

ASSIGNED TEXTS

Locke, The Second Treatise of Government Madison, Hamilton and Jay, The Federalist Papers

Publisher: Hackett Pub Co; June 1, 1980 Publisher: Penguin Classics; November 3, 1987

ISBN-10: 0915144867 ISBN-10: 0140444955

ISBN-13: 978-0915144860 ISBN-13: 978-0140444957

Jack Rakove, Original Meanings

Publisher: Vintage; 1st Vintage Books Edition (May 27, 1997)

ISBN-10: 0679781218

ISBN-13: 978-0679781219