DOCSLIB.ORG

Xerox University Microfilms 300 North Zeeb Road Ann Arbor, Michigan 48106 I 75-26,630

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Xerox University Microfilms 300 North Zeeb Road Ann Arbor, Michigan 48106 I 75-26,630 INFORMATION TO USERS This material was produced from a microfilm copy of the original document. While the most advanced technological means to photograph and reproduce this document have been used, the quality is heavily dependent upon the quality of the original submitted. The following explanation of techniques is provided to help you understand markings or patterns which may appear on this reproduction. 1. The sign or "target" for pages apparently lacking from the document photographed is "Missing Page(s)". If it was possible to obtain the missing page(s) or section, they are spliced into the film along with adjacent pages. This may have necessitated cutting thru an image and duplicating adjacent pages to insure you complete continuity. 2. When an image on the film is obliterated with a large round black mark, it is an indication that the photographer suspected that the copy may have moved during exposure and thus cause a blurred image. You will find a good image of the page in the adjacent frame. 3. When a map, drawing or chart, etc., was part of the material being photographed the photographer followed a definite method in "sectioning" the material. It is customary to begin photoing at the upper left hand corner of a large sheet and to continue photoing from left to right in equal sections with a small overlap. If necessary, sectioning is continued again - beginning below the first row and continuing on until complete. 4. The majority of users indicate that the textual content is of greatest value, however, a somewhat higher quality reproduction could be made from "photographs" if essential to the understanding of the dissertation. Silver prints of "photographs" may be ordered at additional charge by writing the Order Department, giving the catalog number, title, author and specific pages you wish reproduced. 5. PLEASE NOTE: Some pages may have indistinct print. Filmed as received. Xerox University Microfilms 300 North Zeeb Road Ann Arbor, Michigan 48106 I 75-26,630 NELSON, Richard Wayne, 1948- THE PATHOLOGICAL MODEL AND THE SCHOOLS: A CRITICAL INQUIRY. The Ohio State University, Ph.D., 1975 Education, history Xerox University Microfilms,Ann Arbor, Michigan 48106 © Copyright by Richard Wayne Nelson 1975 THE PATHOLOGICAL MODEL AND THE SCHOOLS: A CRITICAL INQUIRY DISSERTATION Presented in Partial Fulfillm ent of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Richard Wayne Nelson, B.A., M.A, The Ohio State University 1973 Reading Committee: Approved by Dr. Robert Jewett Dr. Paul Klohr Dr. Bernard Mehl Adviser / Department of Curriculum and Foundations VITA May 5, 19^8 ....................................... Born, Pittsburgh, Pennsylvania I 97O ...................................................... B.A., Capital University, Columbus, Ohio 1970-72 ................................................. Vanderbilt University, Nashville, Tennessee 1973 ....................................... M.A., Education, The Ohio State University, Columbus, Ohio 1973-75 ................................................. Teaching Associate, The Ohio State University, Columbus, Ohio FI ELDS OF STUDY History of Education and Social Criticism Bernard Mehl of American Education Curriculum Theory Paul Klohr Reformation and Renaissance History Wilhelm Pauck TABLE OF CONTENTS Page VITA .................................................................................................................................................... i i Chap ter I. INTRODUCTION: THE PATHOLOGICAL MODEL AS AN IDEOLOGY . 1 II. THE PURITAN COVENANT: THE POLITICAL ROOTS OF PATHOLOGY........................................................................................................ 18 I I I. PROPERTY, FREEDOM AND THE DEPRAVITY OF M A N .......................... 51 IV, THE ERA OF'IDEOLOGY: SOCIAL DARWINISM AND REFORM DARWINISM........................................................................................................ 91 V. CULTURAL DEPRIVATION THEORY: PATHOLOGY AND THE SCHOOL...................................................................................................................1^3 VI. CONCLUSION: BEYOND IDEOLOGY ....................................... 167 BIBLIOGRAPHY 17^ i i i CHAPTER I INTRODUCTION: THE PATHOLOGICAL MODEL AS AN IDEOLOGY In The Souls of Black Folk, W illi am E. B. Duboi s , essayi st and sociologist, claimed that white America has made it a practice to ignore the beauty to be found in the black experience and has, as though wear­ ing blinders, seen only the pathological; broken homes, vice and the despair of poverty. According to Dubois, the racism so generic to the American experience has invaded our very view of the world denying to us the a b ility to trust in the essential beauty of the human condition 1 we a l 1 share. The question that immediately arises is the v a lid ity of Dubois' assessment of American life . Was he merely voicing the paranoia one black man felt toward the larger society, or did he rightly gauge the depth of our alienation. If correct, does this insight apply only to point out a particular abberation, one fault in an otherwise sound value system, or does it provide a key to a critique of a whole society? Jean Paul Sartre addressed himself to just this question in the essay Ant i Semi te and Jew. In Sartre's view the racist does not become such because of some bad experience with a Jew or Negro. Nor is preju- duce the result of a nasty attitude in the air which the individual ^Wi11i am E. B. Duboi s , The Souls of B1ack Folk, (New York: Sig­ net , 1969), p. 52.. 7 learns from his family and friends." Hatred of the Negro or the Jew is a stance toward life . It is a choice which represents a hatred of life its e lf. The racist does not hate the Jew, says Sartre, and love his wife, his dog, his friends. He is a man who hates everything and he is a man who is afraid: Not of the Jews to be sure, but of himself, of his own consciousness, of his lib e rty, his. instincts, of his responsibilities, of solitariness, of change, of society, and of the world -- of everything except the Jews. ^ "Anti-Semitism," says Sartre, "in short, is fear of the human condition.' The fear of the human condition is focused in the Jew or Negro, for he seems to represent the difference and solitariness of existence which cannot be further incorporated. In Hannah Arendt's words, "The alien is a frightening symbol of the fact of difference as such, of individuality as such, and indicates these realms in which man cannot change . ."^ The qualities of the Negro or Jew become necessary reflections of a changeless inner nature, a basic depravity.^ The evil of the Jew or Negro is not individual -- it is generic. Consequently, racism is not just a sociological phenomenon -- it is also a metaphysical one. The "Jean Paul Sartre, Anti Semite and Jew, Trans. George Becker (New York: Schocken, 1965), pp. 1-5. ^ I b i d . , p . ' 21 . k Ibid., p. 5^. -’Ibid. ^Hannah Arendt, Origins of Tota1i tar ? ani sm (New York: Harcourt, 1951), p. 297. racist is a Manichaean. That is, he believes in a dual world s p lit ft between good and e v il. For the Manichaean, redemption from evil is an im possibility. Goodness and evil ore locked in immortal combat, a com­ bat which can end only when one is the victor. This is the point where the racist reveals himself to be not an anomaly, but an integral part of the larger society. Because race hatred has nothing to do with the object of its hatred, the stance toward life it embodies is rooted in the very structure of a society. The racist shares a common suspicion about the nature of reality with the rest of his fellows, even those who consider themselves quite liberal in matters oP race. This common structure, at least in Europe and America, is a Manichaean view of human exi stence. Only two ideologies were able to gain generalacceptance at the end of the 19th century and have been able to continue influence to such a degree that it is v irtu a lly impossible to find anyone who does not accept one: The ideology which conceives history as a struggle of classes and the ideology which views history as a natural struggle be- 9 tween races. Though each of these ideologies appeals to a different sort of man for different reasons, they both share a common Manichaean view of the world. The rise of these ideologies would have been incon­ ceivable without the almost universal belief in a dual world of good and evi 1 . ^Sartre, Ant i Semi te and Jew, pp. *+3-^8. ^Arendt, Origins of Total i tar i ani sin, p. 159. k To these two great historical ideologies we may add a third. Neither so overtly political in nature as these, nor so centered in particular aspects of man's social life , it nevertheless is b u ilt upon a Manichaean world view. Like the other ideologies, it claims to hold the key to the problems of the universe, the hidden knowledge necessary to save man (and it is this claim that separates an ideology from an 10 opinion). This third ideology may be termed the pathological, or medical model. This is not to deny that a pathological view of human problems was held as one opinion among many for centuries. However, as with the other ideologies, this model of existence could gain ascendency as an ideology only with the credence afforded it through science and the promise that science would eventually lead to ways of destroying the pathology. Perhaps the most controversy about the medical model, or patho­ logical model, has been in the area of psychiatry. C ritics such as Thomas Szasz have identified the medical model as an ideological inter- 11 pretation of what he likes to call "problems in living." By calling mental problems an illness, Szasz says, the psychiatric patient is labeled as having a defect that renders him incapable of responsible action. Since no physical cause can be demonstrated that results in the symptoms of mental illness, there is no basis for assuming that psychiatric 1 1 Thomas Szasz, Ideology and Insanity (Garden City: Doubleday, 1970), p.
Load more

Recommended publications
  • Dilemma of the American Lawyer in the Post-Revolutionary Era, 35 Notre Dame L
    Notre Dame Law Review Volume 35 | Issue 1 Article 2 12-1-1959 Dilemma of the American Lawyer in the Post- Revolutionary Era Anton-Hermann Chroust Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Part of the Law Commons Recommended Citation Anton-Hermann Chroust, Dilemma of the American Lawyer in the Post-Revolutionary Era, 35 Notre Dame L. Rev. 48 (1959). Available at: http://scholarship.law.nd.edu/ndlr/vol35/iss1/2 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. THE DILEMMA OF THE AMERICAN LAWYER IN THE POST-REVOLUTIONARY ERA Anton-Hermann Chroust* On the eve of the Revolution the legal profession in the American colonies,' in the main, had achieved both distinction and recognition. It had come to enjoy the respect as well as the confidence of the people at large. This is borne out, for instance, by the fact that twenty-five of the fifty-six signers of the Declaration of Independence, and thirty-one of the fifty-five members of the Constitutional Convention were lawyers. Of the thirty-one lawyers who attended the Constitutional Convention, no less than five had studied law in England.2 The American Revolution itself, directly and indirectly, affected the legal profession in a variety of ways. First, the profession itself lost a considerable number of its most prominent members; secondly, a bitter antipathy against the lawyer as a class soon made itself felt throughout the country; thirdly, a strong dislike of everything English, including the English common law became wide- spread; and fourthly, the lack of a distinct body of American law as well as the absence of American law reports and law books for a while made the administra- tion of justice extremely difficult and haphazard.
    [Show full text]
  • Reformed Theology and the American Founding: the Case of Roger
    Reformed Theology and the American Founding: The Case of Roger Sherman Copyright 2008 Mark David Hall This paper contains portions from drafts of the first three chapters of a book manuscript entitled The Old Puritan and a New Nation: Roger Sherman and the Creation of the American Republic. Comments are welcome, but please do not quote without permission. By any measure Roger Sherman was among the most important political leaders in late eighteenth century America . He was the only person to help draft and sign the Declaration and Resolves (1774), the Articles of Association (1774), the Declaration of Independence (1776), the Articles of Confederation (1777, 1778), and the Constitution (1787). He served 1,543 days in the Continental Congress (only four men served longer) and was on the five-man committee that wrote the Declaration of Independence. At the Federal Convention of 1787 he was the most effective advocate of states' rights, limited federal power, and a constrained executive. As a Representative and Senator in the new republic he played significant roles in debates over the Bill of Rights and the assumption of state debts. Even as he was helping to create and run a new nation, Sherman served simultaneously in a variety of state offices in Connecticut . These included overlapping terms as a member of the General Assembly, judge of the Superior Court, member of the Council of Safety, and mayor of New Haven . Of particular significance, he and Richard Law revised the entire legal code of Connecticut in 1783. Although not as prolific a writer as some founders, Sherman penned essays and letters defending hard currency, supporting the Articles of Confederation, and urging the ratification of the U.S.
    [Show full text]
  • Preliminary Report Appendix a – Local Historic District Bylaw
    Final Report Town of Duxbury Local Historic District Study Committee 12/07/2010 Version 120710 for submission to Town of Duxbury1 Summary Sheet Contact Person: Diane Grant, Town of Duxbury Planning Department, 781-934-1100 x 148 Local Historic District Study Committee: Jim Hartford, Chair Peter Smith, Vice-Chair Georgia Taft Pye, Clerk Pam Campbell Smith Lee Kennedy Donna Wood Robert C. Vose III Renee Mierzejewski, alternate William Thayer, alternate Planned date of Public Hearing: November 22, 2010 Date of Town Meeting: Begins March 12, 2011 Total Number of Properties in Proposed District: 13 (excluding adjoining lots) Website: www.duxburylhd.org i Table of Contents INTRODUCTION ........................................................................................................................................ 1 Duxbury History ....................................................................................................................................... 1 Historic Districts ....................................................................................................................................... 2 National Register Districts .................................................................................................................... 2 Local Historic Districts ......................................................................................................................... 3 METHODOLOGY ......................................................................................................................................
    [Show full text]
  • The Framers' Fourth Amendment Exclusionary Rule
    15 NEV. L.J. 42 - ROOTS.DOCX 4/1/2015 3:50 PM THE FRAMERS’ FOURTH AMENDMENT EXCLUSIONARY RULE: THE MOUNTING EVIDENCE Roger Roots* TABLE OF CONTENTS INTRODUCTION ................................................................................................. 42 I. THE ACTUAL COMMON LAW HISTORY OF THE FOURTH AMENDMENT ........................................................................................ 48 A. Lord Camden’s Exclusionary-Rule-Implicating Remarks ............ 50 B. Father of Candor’s Influence on the Bill of Rights ....................... 59 C. Other Pre-Framing Texts That Speak of the Exclusionary Principle ........................................................................................ 63 1. Candor’s Letter to the Public Advertiser ................................ 63 2. Meredith’s Reply to the Defence of the Majority .................... 64 3. Lord Temple’s Letter from Albemarle Street .......................... 68 4. The Gentleman’s Magazine, The London Magazine, and The Universal Magazine ......................................................... 68 D. There Were Oppositional Pamphlets as Well, Written by Tories ............................................................................................ 69 E. Father of Candor’s Postscript ...................................................... 71 II. THE FRAMERS MUST HAVE BEEN ON THE SIDE OF EXCLUSION ........... 71 CONCLUSION .................................................................................................... 76 INTRODUCTION The Fourth Amendment
    [Show full text]
  • Loyalists in the Old Burying Ground at Halifax by Brian Mcconnell, UE * It
    Loyalists in the Old Burying Ground at Halifax By Brian McConnell, UE * It was opened in June 1749 and became a place of burial for St. Paul’s, the oldest Protestant place of worship in Canada, and the outpost of the Church of England in British North America. Its’ first Bishop was Loyalist Charles Inglis. (1) So, it should not be surprising to find Loyalists in the Old Burying Ground at Halifax, Nova Scotia. Located on the corner of Barrington Street and Spring Garden, across from Government House, the residence of the Lieutenant Governor of Nova Scotia, the Old Burying Ground in Halifax has a busy location. The government of Canada recognized it as a National Historic Site on March 1, 1991 in part because “it bears witness to the complex cultural traditions of early British North America.” (2) Old Burying Ground with Welsford-Parker Monument Often the first structure you notice when viewing the Old Burying Ground is the tall arch standing near the entrance, the Welsford-Parker Monument, which commemorates the British victory during the Crimean War. It was built in 1860 and named after two soldiers from Halifax who were both killed in the war, Major Augustus Frederick Welsford and Captain William Buck Carthew Augustus Parker. (3) Before it closed in 1844 some 12,000 people were interred in the Old Burial Ground. It contains more than 1,200 head and foot stones. Many notable Loyalists are buried in the cemetery including John Howe, father of Nova Scotia Premier Joseph Howe. He arrived in Halifax in 1776 along with others evacuated from Boston as a result of conflict during the American Revolution.
    [Show full text]
  • American War for Independence (1765-1785)
    Lesson 3 American War for Independence (1765-1785) America’s Liberty and Independence: Based on Principles of the Christian Faith The positive influence of Christianity so evident in the colonization of America (presented in Lessons 1 and 2) was also plainly visible throughout the American War for Independence. In fact, the historical story of America’s quest for freedom reveals there would be no America as we have come to know it—no “land of liberty”—without the Bible and Christianity. George Washington frequently acknowledged God’s hand in the birth of America, openly affirming that “the liberties of America are the object of Divine protection.”1 In fact, he had strong words for those who refused to see the obvious and believed otherwise. For example, in 1778, he wrote General Thomas Nelson (who had signed the Declaration of Independence two years earlier) that “The hand of Providence has been so conspicuous in all of this [i.e., the events of the first three years of the war], that he must be worse than an infidel that lacks faith, and more than wicked that has not gratitude enough to acknowledge his obligations.”2 In other words, in Washington’s view, if someone had seen all the miraculous Divine interventions so frequent and apparent throughout the War and did not feel compelled to thank God as a result, then that person must indeed be callous and wicked. The train of events that led to the American War for Independence actually began more than a decade before the Declaration of Independence was penned.
    [Show full text]
  • Thomas Kent, Craven Co., North Carolina
    C NORT1-\ CAI\OL\NA . ' cHocTAWS RE v0LUTI Ot-JAI\YWAR . EPU)eMtc. wAr>.01= 1a,2. · M\SS rSs1PP1 BLACKtEARO . DO\J~R . · S111LOH. TECUMSEH . ROl!>LtrT E. LEE . FR0NT1E.R L\Ft. AN'\'"\:BELLUM CA"l'S . 0roNEW LL JACKSON .....,APOLEON CO TON MANASAs AND A BIT OF' AMERICA THE KENTS The life and times of an early Kent family by Jack Berg (1993) To Katherine (Kay) Kent A true southern belle. Having the vivacity of Scarlett O'Hara and the tact, gentleness and manners of Melanie Hamilton Wilkes. (Sorry I ain't no Rhett Butler) JCB FORWARD What started out as an attempt to "look into Kay's family turned into an absorbing retire­ ment project. A 230 year old jig-saw puzzle which this book only starts to complete. Kay never knew her Kent grandparents and back­ ground. They died while she was a tiny child. She (and I) have been amazed as the Kent historical story unfolded. This book covers only the first several known generations of her Kents. The attempt herein has been to show them as real people rather than just names on a piece of paper. This family and thousands like it built the America that we take for granted. ACKNOWLEDGEMENT It is difficult to find the appropriate words to express my feelings and gratitude to Ann Russell. Her contributions were much more than just typing the manuscript. To obtain the final "ready for printing" script requires endless reading, re­ writing, proof reading and countless other detailed work items. More than this, Ann was so enthusiastic and supportive.
    [Show full text]
  • The Works of John Adams, Vol. 9 (Letters and State Papers 1799-1811) [1854]
    The Online Library of Liberty A Project Of Liberty Fund, Inc. John Adams, The Works of John Adams, vol. 9 (Letters and State Papers 1799-1811) [1854] The Online Library Of Liberty This E-Book (PDF format) is published by Liberty Fund, Inc., a private, non-profit, educational foundation established in 1960 to encourage study of the ideal of a society of free and responsible individuals. 2010 was the 50th anniversary year of the founding of Liberty Fund. It is part of the Online Library of Liberty web site http://oll.libertyfund.org, which was established in 2004 in order to further the educational goals of Liberty Fund, Inc. To find out more about the author or title, to use the site's powerful search engine, to see other titles in other formats (HTML, facsimile PDF), or to make use of the hundreds of essays, educational aids, and study guides, please visit the OLL web site. This title is also part of the Portable Library of Liberty DVD which contains over 1,000 books and quotes about liberty and power, and is available free of charge upon request. The cuneiform inscription that appears in the logo and serves as a design element in all Liberty Fund books and web sites is the earliest-known written appearance of the word “freedom” (amagi), or “liberty.” It is taken from a clay document written about 2300 B.C. in the Sumerian city-state of Lagash, in present day Iraq. To find out more about Liberty Fund, Inc., or the Online Library of Liberty Project, please contact the Director at [email protected].
    [Show full text]
  • Contents Officers
    The Proceedings of the Cambridge Historical Society, Volume 40, 1964-1966 Contents Officers 5 PAPERS The Devil and Daniel Shays BY ROBERT A. FREER 7 Boston Woven Hose and Rubber Company: Eighty-Four Years In Cambridge BY ALDEN S. FOSS 23 The Middlesex Canal BY BRENTON H. DICKSON 43 Lydia's Conversion: An issue in Hooker's Departures BY NORMAN PETIT 59 Robert Frost of Brewster Village BY ERASTUS H. HEWITT 84 The Discovery of the Charles River by the Vikings According to the Book of Horsford BY WENDELL D. GARRETT 94 Behind the Scenes at 47 Workshop BY ELIZABETH W. BOLSTER 110 Jonathan Sewall: A Lawyer in Conflict BY HILLER B. ZOBEL 123 Seventy-Five Years of Continuing Education: The Prospect Union Association BY ZELDA LIONS AND GORDON W. ALLPORT 137 A Historical Perspective BY DAVID B. POTTS 159 Annual Reports 162 Members 167 The Cambridge Historical Society LIST OF OFFICERS FOR 1964-1966 1964 President Mr. William L. Payson Honorary Vice-President Miss Lois Lilley Howe Vice-Presidents Mr. Richard C. Evarts Mr. Richard W. Hall Mrs. Robert W. Harwood Secretary Mrs. Charles S. Jeffrey Treasurer Mr. Alden S. Foss Honorary Curator Mrs. Henry H. Saunderson Curator Mrs. George W. Howe Editor Mr. Wendell D. Garrett 1965 President Mr. Richard C. Evarts Vice Presidents Mr. Charles Conrad Wright Mr. Hollis G. Gerrish Mrs. Robert W. Harwood Secretary Mrs. Charles S. Jeffrey Treasurer Mr. Alden S. Foss Honorary Curator Mrs. Henry H. Saunderson Curator Mrs. George W. Howe Editor Mr. Wendell D. Garrett 5 1966 President Mr. Richard C.
    [Show full text]
  • Diary of Mary Vial Holyoke of Salem
    .^-^ <? ?< 'Lf THE ARMS O- THE HOLYOKE FAV. Fron- the orlgiral. probabij painted before 1750, now in the possession of Miss Mary W. Nichols of Oanvers, Mass. These arms also appear on the sea! attached to the will of Elizur Holyoke (1651-171 I) of Boston. THE HOLYOKE DIARIES 1709-1856 REV. EDWARD HOLYOKE Marblehead and Cambridge, 1709 - 1768 EDWARD AUGUSTUS HOLYOKE, M. D. Cambridge, 1742 - 1747 JOHN HOLYOKE Cambridge, 1748 MRS. MARY (VIAL) HOLYOKE Salem, 1760 - 1800 MARGARET HOLYOKE Salem, 1801 - 1823 MRS. SUSANNA (HOLYOKE) WARD Salem, 1793 - 1856 With an Introduction and Annotations by GEORGE FRANCIS DOW SALEM, MASS. THE ESSEX INSTITUTE 1911 :s*o "'' list erf iIh25OS130G? ]ii^t>dQedoQ "tfi Geoeakosf ^ ^^ Hotiyc^ faznily tS Dianr erf Rev. Ed^raid Hvvrc^e, of Mttcbl^Mad «iid OaocH biicige, 17W^1768 .... I Di^ry of Edw:ird Ai^ustxis Hoiyv^e, erf Caiv.brxi^ri^?, 1742-1747 SI Di^y of Jolm Hoh*c^ of Cambrkige, 174S 44 Diary of Mkl Mar>- ,Viai' Holj-v^^ of Sakm, iT^viSOO 47 Diarv of Marsrai^t Holj-oke of ^^al«n, 1!^^1-1S23 1S9 Diarj- of Mrs. Sus^anna ,Hc^%-\ke) Waid of Salem, l79o-lJoo l7ci ILLUSTRATIONS. Arms of the Holyoke Family ILLUSTRATIONS. Benjamin Pickman (1763-1843) .... 143 Maj. Joseph Sprague 149 Ship Margaret 153 The Elias Hasket Derby House, Salem 163 Edward Augustus Holyoke, M. D., aged 95 years 169 Mrs. Susanna (Holyoke) Ward .... 175 Joshua Ward, jr. 179 Andrew Nichols, M. D 185 INTRODUCTION. The following diaries of various members of the Holyoke fam- ily are contained in interleaved almanacs, the larger number of which have been preserved in their original condition.
    [Show full text]
  • The Constitutional Right of Self-Government Abstract
    NIKOLAS BOWIE The Constitutional Right of Self-Government abstract. The Assembly Clause is the ugly duckling of the First Amendment. Brooding in the shadow of the heralded Free Speech Clause and the venerated Religion Clauses, the “right of the people peaceably to assemble” has been described even by its friends as “forgotten,” a “histor- ical footnote in American political theory and law.” Not once over the past thirty years has the Clause been the subject of the Supreme Court’s attention. Instead, like a sleep-deprived parent of quadruplets, the Court has consistently muddled the right to assemble with “the First Amend- ment’s other guarantees of free expression.” The Court has not been alone in treating the Assembly Clause as redundant. From the day that Congress first debated putting the right to assemble into the Constitution, critics have asked why, if the Constitution protects the freedom of speech, anyone would “think it necessary, at the same time, to allow the right of assembling?” This question goes well beyond the First Amend- ment: forty-seven state constitutions also have assembly clauses, four of which predate the 1789 version. This Article offers a surprising answer. For over one hundred years before the First Amend- ment was drafted, American activists advanced what they called their right to “assemble” to de- fend their right to govern themselves. This rhetorical right first emerged to combat a seven- teenth-century attempt by the British Crown to eliminate the town meetings and provincial assemblies by which the colonists had long legislated on their own behalf. Decades later, when the British government again attempted to restrict the powers of America’s local and provincial assemblies, colonial activists again responded by invoking their right to assemble their own gov- ernments and to use those governments’ powers to redress their grievances.
    [Show full text]
  • Calculated for the Use of the State Of
    317.3M31 A ; ACHU SETTS REGISTER, mmtttf states ealrnlrstr For the Year of our Lord Being second after Bissextile, or Leap Tear, and Fifty-fourth of American Independence. CONTAINING Civil^ Judicial^ Ecclesiastical and Militcry Lists in Associations, and Corporate Institutions For Literary, Agricultural, and Cliaritable Purposes. |^^ A List of Post-Towns in Massachusetts, with the Ij^r- names of the post-masters. }^ CITY OFFICERS IN BOSTON. ALSO, CATALaJGUES of the Officers of the Witli its several Departments and Establishments ; Times of the Sittings of the several Courts ; Governors in each Stale ; And a Variety of other Interesting Articles. BOSTON: RICHARDSON, LORD, & HOLBROOK, AND JAMES LORING. f ECLIPSES— 1830. There will be six Eclipses this year, four of the Suif, and two of the Moon, in the following order, viz .• I. The first will be of the Sun, February 22d, llh. 52m. in the evening, of course invisible to us. II. The second will be of the Moon, March 9th, 8h. 47m. morning, invisible. III. The third will be of the Sun, March 24th, lOh. Om. morning, invisible. IV. The fourth will be of the Sun, August 18th, 7h. 9m. morning, invisible. V. The fifth will be of the Moon, the 2d day of Sep- tember, partly visible. Beginning 4h. Middle Moon rises totally eclipsed End of total darkness . End Digits eclipsed, 21o 40' on the Moon's S. Limb. VI. The sixth is of the Sun, Sept. Itith, 9h. 44m. evening, invisible. M i- i Digitized by tine Internet Arcliive in 2009 witli funding from University of IVIassacliusetts, Boston Iittp://www.arcliive.org/details/pocketalmanackfol830amer JANUARY, 1830, begins on Friday.
    [Show full text]