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© The Bill of Rights Institute laws thatboundthemthrough two institutions: thesubjects toallowing express their power by and limited arbitrary preserved liberty were anEnglishman’s “Birthright.”Property” and “Liberty of theserights theday, language of used In thewidely Violence andOppression.” “to befreed inPerson &Estate from Arbitrary For Penn, andproperty. subjectwas meantthatevery rights these English liberty, life, thoseof law: by common orprivileges had three rights central Englishmen all According to Penn, rights. of view thiscommon-law of summaries contemporary offered onethebest Pennsylvania, founder of the William Penn, the late seventeenth century, in In dissenters aguideforreligious written rights. influenced common by English law anditsideaof the seventeenth centuries wasdeeply andeighteenth the colonistsAmerican in of The politicaltheory of Englishmen The CommonLawandtheRights yearsin thecrucial before theRevolution. political ideasthatinfluenced colonial Americans firstto understandthe itisnecessary created, andthenewConstitution thatthey them possible, theFounders made who events, extraordinary In order to better understandthese political ideas. of grasp afirm with politicalskills practical men whocombined politicians, of generation new would beledby a thecolonies years, crucial In these republican state. federal a trans-continental, and lay thefoundationsfor wageabloody war, declare independence, Britain, of would they challenge thepoliticalcontrol five years, inthenext twenty- Yet, dependent uponLondon. remained they politicallyandeconomically America, North mostof defeat France andtake control of Britain andhadjusthelped century eighteenth inthe growth economic anddemographic hadexperienced significant they Although America. North outalongtheeastern seaboard of strung colonies group of asmall consistedAmerica of whatwasto become theUnited States of In 1760, nPn’ iw h nls ytmo government In system Penn’s of theEnglish view, Explaining theFounding 9: 7A Page AM 37 Introductory Essay: 1 consent to the Executive freeman every ashare“has inthe Penn argued, juries, on By serving power. limitingarbitrary means of common consent agreed oninthatgreat Council.” butsuch asare by England, bind thePeople of becauseitensured that was important “no newLaws consent through Parliament of that thegranting in theLegislative (orLaw making)Power.” Penn felt “the subjecthasashare by hischosen Representatives “Parliaments andJuries.”“By Penn thefirst,” argued, government—protecting asitdidthe “unparallel’d thissystem of and hiscontemporaries, According to Penn protecting these rights. end of consent asthemajormeansto the the concept of It alsoenshrined theirsubjects. of inherent rights according to laws known and by respecting the were kings held thatEnglish boundto rule it As aresult, Englishmen’s andprivileges. rights political power asfundamentally has impos’d or forfeiture.” such apenalty forwhich theLaw orsomeCrime, by hisConsent, but either which hecannotbedeprived of, Estate, hisPerson inhis andProperty as to Freedom of having afixed him, with Fundamental-Right born each man Subject’severy and Duty Allegiance, “the Law isboth themeasure andtheboundof Penn argued, “In England,” By contrast, pleasure.” himat orImprison orbanish, Execute him, hemay eitherpresently any Crime, suspected of onebeaccussed [ andif lists; how andasoften ashe when, seizes amans Estate, or imposethTaxes, any mansHead, Word takes off themeer[ Nations, andother “In France, Penn colorfully putit: rather As system by thatwasruled laws andnotby men. celebrated wasa seventeenth-century Englishmen In Penn’s view, juries were juries In Penn’s anequallyimportant view, h te seto theirgovernment that The otheraspectof hscmo a iwo politicsunderstood This common law of view Explaining theFounding ato h a,n assbigtid nor noCausesbeingtried, theLaw, of part ilo h rnei a,his thePrince isLaw, sic] Will of Englishmen. Priviledges vital were “the Liberty” English Pillars of two grand “These Penn, hisPeers of butuponthe Estate, [ any manadjudgedto loose ie memberor sic] Life, ,orbutsomuch as sic], rEul. For or Equals.” Fundamental limited ”of [sic]” Verdict by 1001- 01 0 onesIto7/17/04 Intro Founders 005 protecting rights. thesenatural governments of were forthesolepurpose formed that allmenby nature thatargued politicaltheory new understandingof Europeanimportant thinkers beganto construct a several Hugowriter Grotius intheearly1600s, theDutch with Beginning Founders. American the profoundly influentialonthepoliticalideas of onethatwasto prove European politicalthought, arevolutionThe seventeenth in witnessed century Natural Rights asfundamentallaw. legalrights English core thatenshrined rights contained billsof both thestate constitutions andfederal typically As aconsequence, limiting governmental power. forintheseventeenth asameansof fought century had thelegal guarantees thatEnglishmen many of wrote constitutions they thatincluded governments, thecolonists theirown when formed the Revolution, After theirconsent inthe1760sand1770s. without Parliament’s attempt to forthem taxorlegislate these ideascanbeseenintheirstrong oppositionto thepeople. of thefundamentalliberties violating rulers government of thatlimited thepossibility of consequent desire to create aconstitutional form power anda arbitrary This Founders astrong fear of instilledinthe history English rights. awareness of subjects’ of law andthesanctity of rule unwritten constitution the inEngland’shad enshrined believed thatit They history. as akey momentinEnglish 1688 RevolutionGlorious of inthe rights) subjects’ the representative of Parliament (which subsequent of triumph thedefeatof viewed century Colonial intheeighteenth Americans limited by law. shouldbe amonarch, even thatof all politicalpower, drew onthecommonEnglishmen law to arguethat many In response, rights. threatened theirsubjects’ hadrepeatedly kings a timewhentheStuart intheseventeenth England century, of thehistory of Thislegaleducationalsomadethemaware world. for elitesAnglo-American intheeighteenth-century thatwascommon through thelegaltraining rights than any otherPeople inthe World.” nation made theEnglish “more free andhappy andProperty”—had Liberty [sic]of Priviledge The seriousness with which thecolonists with took The seriousness English The Founders of imbibedthisview Founders andtheConstitution: InTheirOwnWords—VolumeFounders 1 a qa ihs andthat had equalrights, 9: 7A Page AM 37 the Stuarts andthe the Stuarts The politicaltheoryofthe American colonists intheseventeenth and eighteenth centuries was deeplyeighteenth centuries influenced by Englishcommon was seenas a n itsideaofrights. and law 2 elrto fIdpnec:“We holdthese Independence: of Declaration As hesoeloquentlyarguedinthe founding. thatthesepoliticalideashadonthe the impact to resist Britain. hadaright argue thatthey tocommon law theory andLockean rights natural invoked patriots American boththe consent, their and 1770sto forthem without legislate Parliament theBritish inthe1760s the claimsof When faced with theFounders. of political theory common to law shapethe rights the olderideaof government by consent combined powerfully with Its freedom emphasisonindividual and sermons. and newspapers, numerous politicalpamphlets, in appearing colonies century, intheeighteenth inthe American politicaltheory component of belonged to thepeopleandnotto theking. meant thatultimate politicalauthority theory political revolutionary This devising. their own popular sovereignty to create anew government of join together andexercise theircollective or could They then theirrights. itviolated if authority to resist its thepeoplehadaright government, because itwasthepeoplewhohadcreated the Locke arguedthat, further would bebetter secured. government inorder rights thattheirnatural nature gathered together andconsented to create a meninthisstate of As aresult, men. wherein allthepower is andjurisdiction equality, nature was “a state alsoof thestate of Locke, For any otherman.” of depending uponthewill or askingleave, without nature, thelaw of bounds of the within thinkfit, asthey possessions andpersons, their anddisposeof freedom to order theiractions, perfect astate of andthatis, men are in, naturally state what all we must consider, from itsoriginal, “and derive it Locke wrote, political power right,” “To understand IIandhisbrother James. Charles to resistance justifyarmed topolitical theory Locke wrote abookon inthe1670sand1680s, kings Deeply involved intheoppositionto theStuart world wasJohnEnglish-speaking Locke (1632–1704). Thomas Jefferson offersthe best example of becameacentral rights natural This ideaof inthe thistheory The leadingproponent of regulate disputes among judgeorumpire toimpartial that italsolacked an Locke contended freedom, perfect nature wasastate of pregovernmental state of more thananother.” noonehaving reciprocal, Although this Although
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© The Bill of Rights Institute new federal Constitutionnew federal in1787. the This methodwasto influence theauthorsof which wasnotchangeable legislation. by ordinary secure theminaconstitution by enshrining rights itmade thepeople’s natural In particular, practice. philosopherslike Locke to beputinto ideas of This innovationAmerican allowed the ratification. followed by aprocess of aconstitution, writing convention convened of solelyforthe purpose aspecial power to constitute governments: people themselves could exercise theirsovereign Massachusetts created amechanism by which the separate church andstate. andfully endfemalelegalinequality, franchise, wider arguefora invoke theseidealsto challenge slavery, downtrodden groups beganto aspreviously society become apparent inpostrevolutionary American would slowlythis insistence rights onequalnatural implicationsof radical The happiness andsafety.” andpursuingobtaining possessing property, and acquiring themeansof with life andliberty, theenjoyment of namely, or divest theirposterity; deprive by any compact, cannot, they society, enter whenthey into a state of which, of inherent rights, andhave certain equally free andindependent, “All menare by nature stated inthe document’s firstsection: (1776), Rights Virginia Bill of theinfluential authorof theprincipal Mason, As George rights. natural constitutions thatprotected establishingwritten and onthepeople, authority basing their practice, into this newpoliticaltheory All thestate governments put yearsthe crucial after 1776. politicalevents in course of Happiness.” shall seemmostlikely and to effecttheirSafety asto them organizing itspowers insuch form, and laying itsfoundationson such principles andto institute newGovernment, abolish it, thePeople to alter or of itistheRight these ends, Government becomes destructive of any Form of whenever That thegoverned, from theconsent of theirjustpowers deriving instituted amongMen, Governments are That to secure theserights, Happiness. andthepursuitof Liberty are Life, thatamongthese unalienableRights, certain with are thatthey endowed by theirCreator equal, menare all created that to beself-evident, truths n18,udrteifuneo John Adams, undertheinfluence of In 1780, alsoinfluenced the rights natural This ideaof 9: 7A Page AM 37 3 American colonies American component ofpoliticaltheoryinthe Natural becameacentral rights numerous politicalpamphlets, esaes andsermons. newspapers, appearing in ...,appearing Puritan Cotton Mather sarcastically remarked, As the all andhadnostate-supported church. which offered toleration religious to Rhode Island, Williams establishedthecolony of the Puritans, Forced to flee by coercion. not betheproduct of faithcouldchallenged themandarguedthattrue dissenters like Roger Williams prohibited, would be where unorthodox belief religious attempted to setupanintolerant commonwealth Puritans intheseventeenth hadoriginally century the Although colonies in English America. tolerationreligious resonated powerfully inthe things.” Judgment have thatthey of formed such Efficacyasto make Men change theinward thatnature canhave any Imprisonment, nothingof Estate, Torments, Confiscation of force. any thingby outward of be compell’d to thebelief thatitcannot theUnderstanding, is thenature of And such which nothingcanbeacceptable to God. in theinward perswasion[ andsaving Religion consists buttrue outward force; hisPower because consists onlyin Civil Magistrate, Soulscannotbelongto the care of As heputit:“The conscience thatnogovernment could infringe. of which hecontended thatthere right was anatural Concerningpublished in1689ALetter Toleration, Locke earlierwriters, Building onthework of ideas. thesenew played amajorrole inthedevelopment of the attempts to enforce beliefsinEurope religious itwasdangerous because required belief; voluntary faith It wasunjustbecausetrue dangerous. insisted thatsuch coercion wasbothunjustand they Rather, worship. to conform of to oneform governments shouldnotattempt to force individuals thinkers andEurope inbothEngland arguedthat afew Protestants thatfollowed theReformation, bloody warsbetween religious Catholicsand the As aresult of church andstate. of separation toleration andthe arguments forreligious European wastheemergence of politicaltheory A related development inseventeenth-century Separation ofChurchandState Religious Toleration andthe hs da bu h ihso conscience and of These ideasabouttherights Explaining theFounding philosopher John Locke peacecivil andprosperity. theresult would be belief, ceased to enforce religious governments argued thatif These thinkers further butto war. civil uniformity, had lednotto religious fteMn,without theMind, sic] of Once againtheEnglish in 1001- 01 0 onesIto7/17/04 Intro Founders 005 constitutional system basedonpopularconsent. to anew craft sought asthey century eighteenth modelforthe Foundersimportant inthelate constitution provided andthey an written of type These settlercovenants were anearly documents. alsowroteAmericans Founding theirown thatgoverned colonies,instructions theEnglish building. nation requisite experience forthedifficulttaskof political classinthe the coloniesAmerican with government to alsohelped create anindigenous self- Thislong-standingpractice of after 1776. independent republican governments intheyears which theFounders were ableto create viable in each colony thespeedwith alsoexplains inpart consent to alllaws thatbound them. exercised common to theirEnglish law right In thesecolonial assembliesthey Parliament. assemblies thatwere modeledontheEnglish had governed themselves to alargeextent inlocal (unlikeAmericas theFrench andSpanish colonies) colonies inthe theEnglish mostof century, Since theirfoundingintheearlyseventeenth colonial self-government. the longexperience of wasalsodeeplyinfluenced by century eighteenth theFounders inthelate The politicalthinkingof Colonial Self-Government Constitution.federal the to First Amendment well asmostfamouslyin the as the state constitutions, inmany of right as aformal itwasenshrined Revolution, After the century. eighteenth by thelate political theory American element of had become animportant the government shouldnotenforce belief religious theideathat As aresult, receptiveparticularly to them. proved becoming ever more pluralistic, religiously the colonies,American speaking Protestant world, toleration spreadreligious throughout theEnglish- thetime. the standard of freedom religious by degree of an extraordinary bothprovided and foundedinthe1680s, Pennsylvania, foundedinthe1630s, Maryland, addition, In but Roman Catholicsandreal Christians.” Rhode Island contained “everything intheworld In charters additionto androyal thevarious thesestrong localgovernments The existence of astheseargumentsfor In century, theeighteenth Founders andtheConstitution: InTheirOwnWords—VolumeFounders 1 9: 7A Page AM 37 yraigtecasc,the American By reading theclassics, lent oiia iin onethat politicalvision, alternate Founders were introducedtoan legitimated republicanism.legitimated 4 odo thewhole(the good of Citizens hadto beableto putthe their citizenry. in virtue civic degree of ahigh survival their very republics required for people governed themselves, arguedthatbecausethe they In particular, its fragility. were they intensely aware of government, of believed thatarepublicwriters wasthebestform ancient Though liberty. foundationsof moral republicanism wastheemphasisthatitputon republicanism. onethatlegitimized to analternate politicalvision, the FoundersAmerican were introduced classics, By reading the believed inmonarchy. strongly againstroyal rights power defended subjects’ from Aristotle to Cicero republican hadpraised Ancient politicalthinkers government by thepeople. or republicanism, it introduced themto theideaof First, ways. inseveral important thought ancientGreece andRome. of historians thegreat politicalthinkers and of writings were they heavily influenced by the century, education incolonial colleges intheeighteenth theFounders received aclassical many of Because intheseventeenthoriginated century. Not theintellectual influences all ontheFounders Classical Republicanism the Founders alsoencountered republican ideasin proposed Constitution federal inthe1780s. animated thecontentious debate over the largerepublics that about theweakness of itwasthisclassicalteaching In part, forthcoming. be virtue civic degree of would thenecessary argued, they relatively homogeneoussociety, Onlyinasmalland republics hadto besmall. that alsotaught ancientwriters citizenry, virtuous would ultimately belost. andliberty ambition, power and republic would fallprey to menof the failedto they do this, If privateown interests. h eodlgc fthisclassicalideaof The second legacyof political theFounders’ shaped Antiquity nadto oterraigo ancientauthors, In additionto theirreading of thisneedforanexceptionally As aresult of common law who jurists where even the England, eighteenth-century culture of heavily monarchical political grounds to dissentfrom the Founders asitgave them forthe was important This classical politicalthought political system. self-government asthebest ha ftheir res publica)aheadof
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© The Bill of Rights Institute the radical the radical Whigs arguedthatitwasbothcorrupt government possible, of seeing itasthebestform Instead of constitution. British eighteenth-century the of critique Founders animportant with rights. individual of the importance insistence andthemodern on citizenry virtuous one thatcombined theancientconcern a with republicanism to enter politicalthought, American of conduit type foramodern important thus becamean They popular sovereignty. and rights natural the newer Lockean ideasof Whigs combined classicalrepublican with thought theseradical fortheFounding, Crucially world. government inthe monarchy of wasthebestform believed thattheirconstitutionalEnglishmen Civil the English War atatimewhenmost keptThese writers alive therepublican legacyof calledthe eighteenth- writers English century “radical Whigs.” agroup of of the politicaltheory ukr,Michael. Zuckert, ostr Clinton. Rossiter, ed John Phillip. Reid, uz Donald. Lutz, Bernard. Bailyn, Suggestions Reading for Further These radical These radical Whigs alsoprovided the ok acutBae 1953. Harcourt Brace, York: 1994. 1995. Wisconsin Press, University of iet ud 1998. Fund, Liberty rs,1967. Press, 2: 8P Page PM 28 Colonial Origins of the American Constitution: A Documentary History. the American Constitution: A Documentary of Colonial Origins h dooia rgn fthe American Revolution. of Origins The Ideological edieo h eulc h rgn fteAeia rdto fPolitical Liberty. the American Tradition of of theRepublic: The Origins of Seedtime Natural Rights andtheNew Republicanism. h osiuinlHsoyo the American Revolution. of History The Constitutional 5 rneo,NJ:Princeton University Press, N.J.: Princeton, tde ftheFounders themselves. studies of followed by detailedbiographical political theory, theFounders’ of aspects important examination of we now to turn amore detailed the Founding, Having setthisbroad context for church andstate. of andtheseparation popularsovereignty, consent, republicanism in basedonequalrights, America Founders were ableto create anewkindof the theseintellectual onall traditions, Drawing Conclusion century. republicanismAmerican inthelate eighteenth influence onthedevelopment of was animportant classically inspired radical Whig constitutionalism This the executive from branch thelegislature. of constitution separation andaformal a written for called they order to reform it, In and tyrannical. abig,Ms. Harvard University Mass.: Cambridge, Explaining theFounding bigdEiin aio:The Madison: Abridged Edition. nvriyo aiona Los Angeles California, University of ninpls Ind.: Indianapolis, New ri iuh Ph.D. Craig Yirush, 19 180-186 Founders EM 7/17/04 11:03 AM Page 180
ADDITIONAL CLASSROOM ACTIVITIES
Visual Assessment 1. Founders Posters—Have students create posters for either an individual Founder, a group of Founders, or an event. Ask them to include at least one quotation (different from classroom posters that accompany this volume) and one image. 2. Coat of Arms—Draw a coat of arms template and divide into 6 quadrants (see example). Photocopy and hand out to the class. Ask them to create a coat of arms for a particular Founder with a different criterion for each quadrant (e.g., occupation, key contribution, etc.). Include in the assignment an explanation sheet in which they describe why they chose certain colors, images, and symbols. 3. Individual Illustrated Timeline—Ask each student to create a visual timeline of at least ten key points in the life of a particular Founder. In class, put the students in groups and have them discuss the intersections and juxtapositions in each of their timelines. 4. Full Class Illustrated Timeline—Along a full classroom wall, tape poster paper in one long line. Draw in a middle line and years (i.e., 1760, 1770, 1780, etc.). Put students in pairs and assign each pair one Founder. Ask them to put together ten key points in the life of the Founder. Have each pair draw in the key points on the master timeline. 5. Political Cartoon—Provide students with examples of good political cartoons, contemporary or historical. A good resource for finding historical cartoons on the Web is
Performance Assessments 1. Meeting of the Minds—Divide the class into five groups and assign a Founder to each group. Ask the group to discuss the Founder’s views on a variety of pre- determined topics. Then, have a representative from each group come to the front of the classroom and role-play as the Founder, dialoguing with Founders from other groups. The teacher will act as moderator, reading aloud topic questions (based on the pre-determined topics given to the groups) and encouraging discussion from the students in character. At the teacher’s discretion, questioning can be opened up to the class as a whole. For advanced students, do not provide a list of topics—ask them to know their character well enough to present him properly on all topics. 2. Create a Song or Rap—Individually or in groups, have students create a song or rap about a Founder based on a familiar song, incorporating at least five key events or ideas of the Founder in their project. Have students perform their song in class. (Optional: Ask the students to bring in a recording of the song for background music.)
Web/Technology Assessments 1. Founders PowerPoint Presentation—Divide students into groups. Have each group create a PowerPoint presentation about a Founder or event. Determine the number of slides, and assign a theme to each slide (e.g., basic biographic information, major contributions, political philosophy, quotations, repercussions of the event, participants in the event, etc.). Have them hand out copies of the slides and give the presentation to the class. You may also ask for a copy of the
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presentation to give you the opportunity to combine all the presentations into an end-of-semester review. 2. Evaluate Web sites—Have students search the Web for three sites related to a Founder or the Founding period (you may provide them with a “start list” from the resource list at the end of each lesson). Create a Web site evaluation sheet that includes such questions as: Are the facts on this site correct in comparison to other sites? What sources does this site draw on to produce its information? Who are the main contributors to this site? When was the site last updated? Ask students to grade the site according to the evaluation sheet and give it a grade for reliability, accuracy, etc. They should write a 2–3 sentence explanation for their grade. 3. Web Quest—Choose a Web site(s) on the Constitution, Founders, or Founding period. (See suggestions below.) Go to the Web site(s) and create a list of questions taken from various pages within the site. Provide students with the Web address and list of questions, and ask them to find answers to the questions on the site, documenting on which page they found their answer. Web site suggestions: • The Avalon Project
Verbal Assessments 1. Contingency in History—In a one-to-two page essay, have students answer the question, “How would history have been different if [Founder] had not been born?” They should consider repercussions for later events in the political world. 2. Letters Between Founders—Ask students to each choose a “Correspondence Partner” and decide which two Founders they will be representing. Have them read the appropriate Founders essays and primary source activities. Over a period of time, the pair should then write at least three letters back and forth (with a copy being given to the teacher for review and feedback). Instruct them to be mindful of their Founders’ tone and writing style, life experience, and political views in constructing the letters. 3. Categorize the Founders—Create five categories for the Founders (e.g., slave- holders vs. non-slaveholders, northern vs. southern, opponents of the Constitution vs. proponents of the Constitution, etc.) and a list of Founders studied. Ask students to place each Founder in the appropriate category. For advanced students, ask them to create the five categories in addition to categorizing the Founders. 4. Obituaries and Gravestones—Have students write a short obituary or gravestone engraving that captures the major accomplishments of a Founder (e.g., Thomas Jefferson’s gravestone). Ask them to consider for what the Founder wished to be remembered. 5. “I Am” Poem—Instruct students to select a Founder and write a poem that refers to specific historical events in his life (number of lines at the teacher’s discretion).
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ADDITIONAL CLASSROOM ACTIVITIES
Each line of the poem must begin with “I” (i.e., “I am…,”“I wonder…,”“I see…,” etc.). Have them present their poem with an illustration of the Founder. 6. Founder’s Journal—Have students construct a journal of a Founder at a certain period in time. Ask them to pick out at least five important days. In the journal entry, make sure they include the major events of the day, the Founder’s feelings about the events, and any other pertinent facts (e.g., when writing a journal about the winter at Valley Forge, Washington may have included information about the troops’ morale, supplies, etc.). 7. Résumé for a Founder—Ask students to create a resume for a particular Founder. Make sure they include standard resume information (e.g., work experience, education, skills, accomplishments/honors, etc.). You can also have them research and bring in a writing sample (primary source) to accompany the resume. 8. Cast of Characters—Choose an event in the Founding Period (e.g., the signing of the Declaration of Independence, the debate about the Constitution in a state ratifying convention, etc.) and make a list of individuals related to the incident. Tell students that they are working for a major film studio in Hollywood that has decided to make a movie about this event. They have been hired to cast actors for each part. Have students fill in your list of individuals with actors/actresses (past or present) with an explanation of why that particular actor/actress was chosen for the role. (Ask the students to focus on personality traits, previous roles, etc.)
Review Activities 1. Founders Jeopardy—Create a Jeopardy board on an overhead sheet or handout (six columns and five rows). Label the column heads with categories and fill in all other squares with a dollar amount. Make a sheet that corresponds to the Jeopardy board with the answers that you will be revealing to the class. (Be sure to include Daily Doubles.) a. Possible categories may include: • Thomas Jefferson (or the name of any Founder) • Revolutionary Quirks (fun Founders facts) • Potpourri (miscellaneous) • Pen is Mightier (writings of the Founders) b. Example answers: • This Founder drafted and introduced the first formal proposal for a permanent union of the thirteen colonies. Question: Who is Benjamin Franklin? • This Founder was the only Roman Catholic to sign the Declaration of Independence. Question: Who is Charles Carroll? 2. Who Am I?—For homework, give each student a different Founder essay. Ask each student to compile a list of five-to-ten facts about his/her Founder. In class, ask individuals to come to the front of the classroom and read off the facts one at a time, prompting the rest of the class to guess the appropriate Founder. 3. Around the World—Develop a list of questions about the Founders and plot a “travel route” around the classroom in preparation for this game. Ask one student to volunteer to go first. The student will get up from his/her desk and “travel” along the route plotted to an adjacent student’s desk, standing next to it. Read a question aloud, and the first student of the two to answer correctly advances to the next stop on the travel route. Have the students keep track of how many places they advance. Whoever advances the furthest wins.
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AN EIGHTEENTH-CENTURY GLOSSARY
Common Good: General conditions that are equally to everyone’s advantage. In a republic, held to be superior to the good of the individual, though its attainment ought never to violate the natural rights of any individual.
Democracy: From the Greek, demos, meaning “rule of the people.” Had a negative connotation among most Founders, who equated the term with mob rule. The Founders considered it to be a form of government into which poorly-governed republics degenerated.
English Rights: Considered by Americans to be part of their inheritance as Englishmen; included such rights as property, petition, and trials by jury. Believed to exist from time immemorial and recognized by various English charters as the Magna Carta, the Petition of Right of 1628, and the English Bill of Rights of 1689.
Equality: Believed to be the condition of all people, who possessed an equality of rights. In practical matters, restricted largely to land-owning white men during the Founding Era, but the principle worked to undermine ideas of deference among classes.
Faction: A small group that seeks to benefit its members at the expense of the common good. The Founders discouraged the formation of factions, which they equated with political parties.
Federalism: A political system in which power is divided between two levels of government, each supreme in its own sphere. Intended to avoid the concentration of power in the central government and to preserve the power of local government.
Government: Political power fundamentally limited by citizens’ rights and privileges. This limiting was accomplished by written charters or constitutions and bills of rights.
Happiness: The ultimate end of government. Attained by living in liberty and by practicing virtue.
Inalienable Rights: Rights that can never justly be taken away.
Independence: The condition of living in liberty without being subject to the unjust rule of another.
Liberty: To live in the enjoyment of one’s rights without dependence upon anyone else. Its enjoyment led to happiness.
Natural Rights: Rights individuals possess by virtue of their humanity. Were thought to be “inalienable.” Protected by written constitutions and bills of rights that restrained government.
Property: Referred not only to material possessions, but also to the ownership of one’s body and rights. Jealously guarded by Americans as the foundation of liberty during the
crisis with Britain. © The Bill of Rights Institute
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Reason: Human intellectual capacity and rationality. Believed by the Founders to be the defining characteristic of humans, and the means by which they could understand the world and improve their lives.
Religious Toleration: The indulgence shown to one religion while maintaining a privileged position for another. In pluralistic America, religious uniformity could not be enforced so religious toleration became the norm.
Representation: Believed to be central to republican government and the preservation of liberty. Citizens, entitled to vote, elect officials who are responsible to them, and who govern according to the law.
Republic: From the Latin, res publica, meaning “the public things.”A government system in which power resides in the people who elect representatives responsible to them and who govern according to the law. A form of government dedicated to promoting the common good. Based on the people, but distinct from a democracy.
Separation of Church and State: The doctrine that government should not enforce religious belief. Part of the concept of religious toleration and freedom of conscience.
Separation of Powers/Checks and Balances: A way to restrain the power of government by balancing the interests of one section of government against the competing interests of another section. A key component of the federal Constitution. A means of slowing down the operation of government, so it did not possess too much energy and thus endanger the rights of the people.
Slavery: Referred both to chattel slavery and political slavery. Politically, the fate that befell those who did not guard their rights against governments. Socially and economically, an institution that challenged the belief of the Founders in natural rights.
Taxes: Considered in English tradition to be the free gift of the people to the government. Americans refused to pay them without their consent, which meant actual representation in Parliament.
Tyranny: The condition in which liberty is lost and one is governed by the arbitrary will of another. Related to the idea of political slavery.
Virtue: The animating principle of a republic and the quality essential for a republic’s survival. From the Latin, vir, meaning “man.” Referred to the display of such “manly” traits as courage and self-sacrifice for the common good. © The Bill of Rights Institute
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Colony have the only and sole exclusive building of a great empire, which will Right & Power to lay . . . taxes upon the come at the expense of their liberty. Inhabitants of this Colony.” 4. Good and Bad Rulers: Henry argues 5. Answers will vary, but students should that the Constitution does not include recognize that Henry’s speech was a sufficient safeguards against the abuse defiant call for armed resistance to of power by evil officeholders. British forces. He declared that war, in 5. The President, a Tyrant: Henry cautions effect, had already begun. that the presidency is poorly designed and that a power-hungry occupant of Handout B—Context Questions that office will be able to use the a. The document was written in 1788. standing army and the militia to b. It was written in Virginia. establish tyranny. c. Patrick Henry wrote the document. d. The document is a speech. Thomas Jefferson e. Henry wrote the speech to convince the Virginia delegates to oppose ratification Handout A—Thomas Jefferson of the Constitution. (1743–1826) f. The audience for this speech was the 1. Jefferson had mixed feelings about Virginia delegates in particular, but also slavery. He warned that slavery might one the people of all the states. day tear the Union apart. He condemned the slave trade and proposed a plan for Handout C—In His Own Words: ending it. But Jefferson owned more than Patrick Henry on the Constitution 200 slaves who lived on and near his great Main idea of each passage: plantation of Monticello, and he freed 1. Majority Rule: Henry favors majority none of them while he lived. He did rule and democratic government. He provide in his will for the emancipation argues that under the new Constitution, of seven of his slaves, including Sally a small minority of Americans could Hemings (the slave with whom thwart the will of the majority by refusing Jefferson is alleged to have had a sexual to ratify a proposed amendment. For relationship), her five children, and example, four small states—such as New her nephew. Jersey, Rhode Island, Connecticut, and 2. While he was president, Jefferson New Hampshire—containing only five reduced the number of public to ten percent of the total population of employees, cut military spending, and the country could block approval of an lowered the national debt. amendment favored by the remaining 3. Jefferson championed the right to bear nine more populous states. arms, religious freedom, the rights of 2. A Standing Army: Henry argues that people accused of crimes, and the right the Constitution will create a standing to property. army that the government will use to 4. Answers will vary. Some students will crush any opposition to its exercise of point out the contradictions between power. The militia will be powerless Jefferson’s opinions and his actions. For to stop it. Henry warns that the seat of example, he condemned the slave trade, government will become an armed warned that slavery might one day tear fortress used by this army. the Union apart, and proposed a plan 3. Liberty vs. Empire: Henry laments the for ending slavery in the United States. fact that Americans seem to favor the But he owned more than 200 slaves who
Founders and the Constitution: In Their Own Words—Volume 1 18 162-179 Founders AK 7/20/04 7:20 AM Page 167
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lived on and near his great plantation g. the requirement that the gov- of Monticello, and he freed few of ernment must show good cause them while he lived. Also, despite his in order to hold a person in jail opposition to powerful government, he h. to have a right to purchased the Louisiana Territory from i. leaving behind Napoleon for $15 million. And though j. official he advocated the rights of individuals, 2. Context Jefferson violated the civil liberties of a. The document was written on many Americans when enforcing the December 20, 1787. Embargo Act. Students may argue that b. It was written in Paris, France. these facts are proof that Jefferson did c. Thomas Jefferson wrote the indeed violate his principles at times. document. Other students, however, may say that d. The document is a personal letter. Jefferson was sometimes forced to e. Jefferson wrote the letter to choose between competing principles. respond to Madison’s previous In purchasing Louisiana, for instance, letter and to inform him of he hoped to provide for the happiness Jefferson’s opinion of the of America. By harshly enforcing the Constitution. Embargo Act, he wished to keep the f. The audience for the letter was United States out of European wars. James Madison and, by exten- 5. Jefferson believed that these sion, the other members of achievements were the high points of Congress he would be address- a life dedicated to the promotion of ing on the issue. human freedom. Education, he held, freed the mind from ignorance. Handout D—Analysis: Thomas Tolerance freed the will from coercion. Jefferson on the Constitution And the assertion of human liberty A. Jefferson approved of this separation and equality freed the body from the of powers. chains of tyranny. B. He approved of the House—whose 6. Jefferson was trying to unite the nation members are chosen by the people— after the bitterness of the 1800 presi- possessing the taxing power. dential contest. His words implied that C. He approved of voting in the legislature all Americans shared certain philo- being done by individual members and sophical principles—those embodied not by state delegations. by the terms “federalism” and D. He approved of the president’s veto “republicanism”—that superseded power, although he wanted the judicial petty political differences between the branch to have a veto power also. Federalist and Republican Parties. E. He wanted the right of habeas corpus to be more firmly established in a bill Handout B—Vocabulary and of rights. Context Questions F. He wanted the right to a trial by jury to be more firmly established in a bill 1. Vocabulary of rights. a. impose, charge G. He approved of Congress’ oversight of b. leaving out the military forces but wanted protec- c. errors in reasoning tion against a standing army to be more d. businesses that dominate a firmly established in a bill of rights. sector of the economy e. undying f. constant Answer Key 18 162-179 Founders AK 7/20/04 7:20 AM Page 168
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H. He was troubled by the lack of people focused on the arguments and limitation on how many terms the not the author of the pamphlet. Some president could serve. students may suggest that the pseudo- nym “Federal Farmer” reflects Lee’s Richard Henry Lee identity as a plantation owner who favored the principle of federalism. Lee Handout A—Richard Henry Lee probably also wished to imply that the (1732–1794) views expressed in the pamphlet were 1. Lee was an outspoken opponent of the held by all virtuous farmers of America. international slave trade. His first official 5. Answers will vary. Some students may act in the Virginia House of Burgesses agree with Lee that no constitutional pro- was to introduce a bill that proposed “to cedures or laws can stop corrupt office- lay so heavy a duty on the importation holders from doing evil. Others may of slaves as to put an end to that iniqui- disagree with Lee and argue that a well- tous and disgraceful traffic within the designed constitution can reign in evil- colony of Virginia.”Lee also condemned doers by pitting the interest of one against the institution of slavery itself. Blacks, the other. (Madison famously expressed Lee declared, were “equally entitled to this latter idea in Federalist No. 51, in liberty and freedom by the great law of which he argued that “ambition must nature.” He warned that slaves would be made to counteract ambition.”) rebel if they “observed their masters Handout B—Vocabulary and possessed of a liberty denied to them.” Context Questions Nevertheless, Lee did not free any of his 1. Vocabulary slaves.He simply could not afford to do so. a. united 2. On June 7, 1776, Lee introduced a b. vicinity resolution that declared “that these c. incapable of being taken away United Colonies are, and of right ought d. openly, clearly to be, free and independent States.”This e. discovered, found out led to the drafting of the Declaration f. determined of Independence. Lee’s resolution was g. supports, buttresses adopted by Congress on July 2, 1776. 2. Context 3. In the Federal Farmer, Lee criticized the a. The document was written in Constitution’s centralization of powers 1787–1788. in the federal government and its lack b. The document was written in of a bill of rights. He warned that the Virginia. Constitution would destroy the states c. Richard Henry Lee is the and create a “consolidated” government author of the document. in which all power was dangerously d. The document is a series of concentrated in one place. Lee wished essays/letters. instead to preserve a federal system, in e. The purpose of the document which power is divided between the was to convince Americans not national and state governments. to ratify the Constitution. 4. Answers will vary. Some students may f. The audience was Americans in say that Lee did not want anyone to every state. know he was the author of the Federal Farmer. Anonymous authorship was a common tactic of political pamphlet- eers at the time. This was a way to keep
Founders and the Constitution: In Their Own Words—Volume 1