A Conversation with Bernard Bailyn
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The Originalist Case Against Vouchers: the First Amendment, Religion, and American Public Education
THE ORIGINALIST CASE AGAINST VOUCHERS: THE FIRST AMENDMENT, RELIGION, AND AMERICAN PUBLIC EDUCATION Benjamin Justice * The perpetual practice in all sects to teach no other morals to their youth than those of their own creed, introduces dangerous effects, foments divisions amongst mankind, [and] subjects liberal and solid sentiments to religious prejudices. [I]f the Legislature wish to establish a perfect plan of moral instruction, they should propose a code that will no longer keep alive those religious prejudices among the different sects. –Anonymous (William Smith), 17971 In short, nothing in the Establishment Clause requires the exclusion of pervasively sectarian schools from otherwise permissible aid programs, and other doctrines of this Court bar it. This doctrine, born of bigotry, should be buried now. 2 –Justice Clarence Thomas INTRODUCTION ....................................................................................................... 438 I. ENDURING SIGNIFICANCE OF ORIGINAL MEANING IN EDUCATION JURISPRUDENCE ...................................................................................................... 442 II. EDUCATION AND RELIGION IN THE LATE EIGHTEENTH CENTURY UNITED STATES ................................................................................................................... 447 III. JEFFERSON AND MADISON: THE PERILS OF ESTABLISHMENT .......................... 449 A. The Place of Religion in Jefferson’s Plans for Public Education ............. 450 * Benjamin Justice is Associate Professor of Education and History at Rutgers University. He is co-author of the forthcoming Have a Little Faith: Democracy, Religion, and the American Public School. He wishes to thank Daniel Markovits, Tracey Meares, and the editors at the Stanford Law & Policy Review for offering feedback on earlier versions of this manuscript. 1. Smith’s essay may be found in BENJAMIN JUSTICE, THE FOUNDING FATHERS, EDUCATION, AND “THE GREAT CONTEST”: THE AMERICAN PHILOSOPHICAL SOCIETY PRIZE OF 1797, at 234 (2013). 2. Mitchell v. Helms, 530 U.S. -
Qualms About Public Meaning Originalism
TONE DEAF TO THE PAST: MORE QUALMS ABOUT PUBLIC MEANING ORIGINALISM Jack Rakove* With some apologies for a vast degree of oversimplification, let us stipulate that there are two main forms of originalism. One is known as “semantic” or “public meaning” originalism. Its leading advocates include Lawrence Solum, Keith Whittington, and Randy Barnett (professional friends, all). The leading premise of semantic originalism is that the meaning of the constitutional text—or, more specifically, of its individual clauses—was fixed at the moment of its adoption. Under this view, the goal of constitutional interpretation is to recover that original meaning, and the best way to do that pivots on reconstructing how an informed reader, whether a citizen or a judge—and using the best linguistic resources available—would have understood the language in question. This approach does not assume that the Constitution’s entire content was fixed at the point of adoption. Ample room is left for the subsequent construction of additional meanings, in places where the Constitution is silent or ambiguous; originalists can differ—and differ substantially—over where to draw the boundaries between the realms of fixation and construction.1 In this approach, evidence of the political intentions and purposes of the adopters of the text—whether Framers or ratifiers—appears to have relatively little if any bearing on the Constitution’s meaning. The statements they made in debate matter not as evidence of political intention, but rather as additional linguistic clues to the semantic meaning of disputed terms. The second form of originalism involves an approach that academic historians naturally favor. -
Seeking a Forgotten History
HARVARD AND SLAVERY Seeking a Forgotten History by Sven Beckert, Katherine Stevens and the students of the Harvard and Slavery Research Seminar HARVARD AND SLAVERY Seeking a Forgotten History by Sven Beckert, Katherine Stevens and the students of the Harvard and Slavery Research Seminar About the Authors Sven Beckert is Laird Bell Professor of history Katherine Stevens is a graduate student in at Harvard University and author of the forth- the History of American Civilization Program coming The Empire of Cotton: A Global History. at Harvard studying the history of the spread of slavery and changes to the environment in the antebellum U.S. South. © 2011 Sven Beckert and Katherine Stevens Cover Image: “Memorial Hall” PHOTOGRAPH BY KARTHIK DONDETI, GRADUATE SCHOOL OF DESIGN, HARVARD UNIVERSITY 2 Harvard & Slavery introducTION n the fall of 2007, four Harvard undergradu- surprising: Harvard presidents who brought slaves ate students came together in a seminar room to live with them on campus, significant endow- Ito solve a local but nonetheless significant ments drawn from the exploitation of slave labor, historical mystery: to research the historical con- Harvard’s administration and most of its faculty nections between Harvard University and slavery. favoring the suppression of public debates on Inspired by Ruth Simmon’s path-breaking work slavery. A quest that began with fears of finding at Brown University, the seminar’s goal was nothing ended with a new question —how was it to gain a better understanding of the history of that the university had failed for so long to engage the institution in which we were learning and with this elephantine aspect of its history? teaching, and to bring closer to home one of the The following pages will summarize some of greatest issues of American history: slavery. -
I^Igtorical ^Siisociation
American i^igtorical ^siisociation SEVENTY-SECOND ANNUAL MEETING NEW YORK HEADQUARTERS: HOTEL STATLER DECEMBER 28, 29, 30 Bring this program with you Extra copies 25 cents Please be certain to visit the hook exhibits The Culture of Contemporary Canada Edited by JULIAN PARK, Professor of European History and International Relations at the University of Buffalo THESE 12 objective essays comprise a lively evaluation of the young culture of Canada. Closely and realistically examined are literature, art, music, the press, theater, education, science, philosophy, the social sci ences, literary scholarship, and French-Canadian culture. The authors, specialists in their fields, point out the efforts being made to improve and consolidate Canada's culture. 419 Pages. Illus. $5.75 The American Way By DEXTER PERKINS, John L. Senior Professor in American Civilization, Cornell University PAST and contemporary aspects of American political thinking are illuminated by these informal but informative essays. Professor Perkins examines the nature and contributions of four political groups—con servatives, liberals, radicals, and socialists, pointing out that the continu ance of healthy, active moderation in American politics depends on the presence of their ideas. 148 Pages. $2.75 A Short History of New Yorh State By DAVID M.ELLIS, James A. Frost, Harold C. Syrett, Harry J. Carman HERE in one readable volume is concise but complete coverage of New York's complicated history from 1609 to the present. In tracing the state's transformation from a predominantly agricultural land into a rich industrial empire, four distinguished historians have drawn a full pic ture of political, economic, social, and cultural developments, giving generous attention to the important period after 1865. -
Department of History University of New Hampshire
DRAFT DEPARTMENT OF HISTORY UNIVERSITY OF NEW HAMPSHIRE History 939 Professor Eliga Gould Fall 2015 Office: Horton 423B T 8:40-9:30 Phone: 862-3012 Horton 422 E-mail: [email protected] Office Hours: T 9:30-11:30 and by appointment Readings in Early American History Assigned Readings. (Unless otherwise noted, all titles are available at the University Bookstore and the Durham Book Exchange.) Bailyn, Bernard. Atlantic History: Concept and Contours (2005) Berlin, Ira. Many Thousands Gone: The First Two Centuries of Slavery in North America (2000). Bushman, Richard. The Refinement of America: Persons, Houses, Cities (1992). Cronon, William. Changes in the Land: Indians, Colonists and the Ecology of New England (1983) Gould, Eliga H. Among the Powers of the Earth: The American Revolution and the Making of a New World Empire (2012) Greene, Jack P., and Philip D. Morgan. Atlantic History: A Critical Appraisal (2008). Hall, David D. Worlds of Wonder, Days of Judgment: Popular Religious Belief in Early New England (1989). Johnson, Walter. River of Dark Dreams: Slavery and Empire in the Cotton Kingdom (2013). Lepler, Jessica. The Many Panics of 1837: People, Politics, and the Creation of a Transatlantic Financial Crisis (2013). McPherson, James. Battle Cry of Freedom: The Civil War Era (1988). Morgan, Edmund S. and Helen M. The Stamp Act Crisis: Prologue to Revolution (1953). Richter, Daniel. Facing East from Indian Country: A Native History of Early America (2001). Ulrich, Laurel Thatcher. A Midwife’s Tale: The Life of Martha Ballard, Based on Her Diary, 1785-1812 (1990). Wood, Gordon S. The Radicalism of the American Revolution (1993). -
University of Oklahoma Libraries Western History Collections Ralph
University of Oklahoma Libraries Western History Collections Ralph H. Records Collection Records, Ralph Hayden. Papers, 1871–1968. 2 feet. Professor. Magazine and journal articles (1946–1968) regarding historiography, along with a typewritten manuscript (1871–1899) by L. S. Records, entitled “The Recollections of a Cowboy of the Seventies and Eighties,” regarding the lives of cowboys and ranchers in frontier-era Kansas and in the Cherokee Strip of Oklahoma Territory, including a detailed account of Records’s participation in the land run of 1893. ___________________ Box 1 Folder 1: Beyond The American Revolutionary War, articles and excerpts from the following: Wilbur C. Abbott, Charles Francis Adams, Randolph Greenfields Adams, Charles M. Andrews, T. Jefferson Coolidge, Jr., Thomas Anburey, Clarence Walroth Alvord, C.E. Ayres, Robert E. Brown, Fred C. Bruhns, Charles A. Beard and Mary R. Beard, Benjamin Franklin, Carl Lotus Belcher, Henry Belcher, Adolph B. Benson, S.L. Blake, Charles Knowles Bolton, Catherine Drinker Bowen, Julian P. Boyd, Carl and Jessica Bridenbaugh, Sanborn C. Brown, William Hand Browne, Jane Bryce, Edmund C. Burnett, Alice M. Baldwin, Viola F. Barnes, Jacques Barzun, Carl Lotus Becker, Ruth Benedict, Charles Borgeaud, Crane Brinton, Roger Butterfield, Edwin L. Bynner, Carl Bridenbaugh Folder 2: Douglas Campbell, A.F. Pollard, G.G. Coulton, Clarence Edwin Carter, Harry J. Armen and Rexford G. Tugwell, Edward S. Corwin, R. Coupland, Earl of Cromer, Harr Alonzo Cushing, Marquis De Shastelluz, Zechariah Chafee, Jr. Mellen Chamberlain, Dora Mae Clark, Felix S. Cohen, Verner W. Crane, Thomas Carlyle, Thomas Cromwell, Arthur yon Cross, Nellis M. Crouso, Russell Davenport Wallace Evan Daview, Katherine B. -
The Historical Journal of Massachusetts
The Historical Journal of Massachusetts “Boston’s New Immigrants and New Economy, 1965-2015.” Author: Marilynn S. Johnson Source: Historical Journal of Massachusetts, Volume 46, No. 2, Summer 2018, pp. 2-37. Published by: Institute for Massachusetts Studies and Westfield State University You may use content in this archive for your personal, non-commercial use. Please contact the Historical Journal of Massachusetts regarding any further use of this work: [email protected] Funding for digitization of issues was provided through a generous grant from MassHumanities. Some digitized versions of the articles have been reformatted from their original, published appearance. When citing, please give the original print source (volume/number/date) but add "retrieved from HJM's online archive at http://www.westfield.ma.edu/historical-journal/. 2 Historical Journal of Massachusetts • Summer 2018 Reproduced with permission of the University of Massachusetts Press 3 EDITOR’S CHOICE Boston's New Immigrants and New Economy, 1965-2015 MARILYNN S. JOHNSON Editor's Introduction: HJM is proud to select as our Editor’s Choice Award for this issue Marilynn S. Johnson’s superb study, The New Bostonians: How Immigrants Have Transformed the Metro Area since the 1960s, published by the University of Massachusetts Press in 2015. After World War II, the greater Boston area experienced dramatic economic and demographic decline. The population plummeted from 801,444 in 1950 to 641,071 in 1970, a 20% drop. Since the 1980s, however, the city has witnessed a renaissance, a phenomenon similar to what has occurred in many other major urban areas. Marilynn S. Johnson argues that immigrants have contributed to this renaissance in numerous yet often overlooked ways. -
Proquest Dissertations
FRONTIERS, OCEANS AND COASTAL CULTURES: A PRELIMINARY RECONNAISSANCE by David R. Jones A Thesis Submitted to Saint Mary's University in Partial Fulfillment of the Requirements for the Degree of Master of Arts in Atlantic Canada Studues December, 2007, Halifax, Nova Scotia Copyright David R. Jones Approved: Dr. M. Brook Taylor External Examiner Dr. Peter Twohig Reader Dr. John G. Reid Supervisor September 10, 2008 Library and Bibliotheque et 1*1 Archives Canada Archives Canada Published Heritage Direction du Branch Patrimoine de I'edition 395 Wellington Street 395, rue Wellington Ottawa ON K1A0N4 Ottawa ON K1A0N4 Canada Canada Your file Votre reference ISBN: 978-0-494-46160-0 Our file Notre reference ISBN: 978-0-494-46160-0 NOTICE: AVIS: The author has granted a non L'auteur a accorde une licence non exclusive exclusive license allowing Library permettant a la Bibliotheque et Archives and Archives Canada to reproduce, Canada de reproduire, publier, archiver, publish, archive, preserve, conserve, sauvegarder, conserver, transmettre au public communicate to the public by par telecommunication ou par Plntemet, prefer, telecommunication or on the Internet, distribuer et vendre des theses partout dans loan, distribute and sell theses le monde, a des fins commerciales ou autres, worldwide, for commercial or non sur support microforme, papier, electronique commercial purposes, in microform, et/ou autres formats. paper, electronic and/or any other formats. The author retains copyright L'auteur conserve la propriete du droit d'auteur ownership and moral rights in et des droits moraux qui protege cette these. this thesis. Neither the thesis Ni la these ni des extraits substantiels de nor substantial extracts from it celle-ci ne doivent etre imprimes ou autrement may be printed or otherwise reproduits sans son autorisation. -
Themes in Modern American History Tutorial Schedule
HI2016 Themes in Modern American History Michaelmas Term, 2010 Tutorial Schedule Tutorial Assignments: Each student will be asked to make one presentation during the term. The student should choose a secondary source related to the week’s topic from a list of possibilities designated “recommended reading” (see below). He or she will offer a brief (3-5 minute) presentation on the text that illuminates the text’s main arguments and contributions to historical scholarship. No presentations will be held on week one of tutorials, but students will be expected to sign up during class for their future presentation. Readings: Please note that most required readings are available online; please use the links provided to ensure that you have the correct version of the document. All other required readings will be available in a box placed outside the history department. These photocopies are only to be borrowed and promptly returned (by the end of the day or the next morning if borrowed in the late afternoon). They are not to be kept. If students encounter trouble obtaining readings, they should email Dr. Geary at [email protected]. Week One: Puritans and Foundational American Myths (w/c 11 Oct.) Required Reading: John Winthrop, “A Model of Christian Charity” (available online at http://religiousfreedom.lib.virginia.edu/sacred/charity.html) Perry Miller, “Errand into the Wilderness,” William and Mary Quarterly, 10 (Jan., 1953), 3-32 (available online at www.jstor.org) Recommended Reading: James Axtell, Natives and Newcomers John Demos, Entertaining Satan: Witchcraft and the culture of early New England David D. Hall, Worlds of Wonder, Days of Judgment: popular religious belief in early New England. -
Fidelity Through History (Or Do It)
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Fordham University School of Law Fordham Law Review Volume 65 Issue 4 Article 20 1997 Fidelity through History (Or Do It) Jack N. Rakove Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Jack N. Rakove, Fidelity through History (Or Do It), 65 Fordham L. Rev. 1587 (1997). Available at: https://ir.lawnet.fordham.edu/flr/vol65/iss4/20 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Fidelity through History (Or Do It) Cover Page Footnote Coe Professor of History and American Studies, Stanford University. For helpful comments, I thank the participants in the Symposium and my electronic colleague, Laura Kalman. This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol65/iss4/20 FIDELITY THROUGH HISTORY (OR TO IT) Jack N. Rakove* INTRODUCTION A conception of fidelity comes naturally to historians. From their tutelage in graduate seminars through the prolonged apprentice- ship of their dissertations, historians learn to ground their arguments firmly in the extant documentary record of the events or epochs they are studying. Fidelity to this evidentiary record is arguably the defin- ing characteristic of the discipline of history. Indeed, it is what makes history a discipline not only in the conventional academic meaning of the term, but also in the sense of monastic avocation that historians sometimes profess.' Historians are the lonely long-distance runners of the human sciences, not only because the book-length monograph is their preferred mode of expression, but also because they remain re- luctant to write, much less publish, until they complete their quest to canvass all the pertinent sources. -
HI 2108 Reading List
For students of HI 2106 – Themes in modern American history and HI 2018 – American History: A survey READING LISTS General Reading: 1607-1991 Single or two-volume overviews of American history are big business in the American academic world. They are generally reliable, careful and bland. An exception is Bernard Bailyn et al, The Great Republic: a history of the American people which brings together thoughtful and provocative essays from some of America’s top historians, for example David Herbert Donald and Gordon Wood. This two-volume set is recommended for purchase (and it will shortly be available in the library). Other useful works are George Tindall, America: a Narrative History, Eric Foner, Give me Liberty and P.S. Boyer et al, The Enduring Vision all of which are comprehensive, accessible up to date and contain very valuable bibliographies. Among the more acceptable shorter alternatives are M.A. Jones, The Limits of Liberty and Carl Degler, Out of our Past. Hugh Brogan, The Penguin history of the United States is entertaining and mildly idiosyncratic. A recent highly provocative single- volume interpretative essay on American history which places war at the centre of the nation’s development is Fred Anderson and Andrew Cayton, The Dominion of War: Empire and Liberty in North America, 1500-2000 All of the above are available in paperback and one should be purchased. Anthologies of major articles or extracts from important books are also a big commercial enterprise in U.S. publishing. By far the most useful and up-to-date is the series Major problems in American History published by D.C. -
Bernard Bailyn, W
Acad. Quest. (2021) 34.1 10.51845/34s.1.24 DOI 10.51845/34s.1.24 Reviews He won the Pulitzer Prize in history twice: in 1968 for The Ideological Illuminating History: A Retrospective Origins of the American Revolution of Seven Decades, Bernard Bailyn, W. and in 1987 for Voyagers to the West, W. Norton & Company, 2020, 270 pp., one of several volumes he devoted $28.95 hardbound. to the rising field of Atlantic history. Though Bailyn illuminated better than most scholars the contours of Bernard Bailyn: An seventeenth- and eighteenth-century Historian to Learn From American history, his final book hints at his growing concern about the Robert L. Paquette rampant opportunism and pernicious theoretical faddishness that was corrupting the discipline he loved and to which he had committed his Bernard Bailyn died at the age professional life. of ninety-seven, four months after Illuminating History consists of publication of this captivating curio five chapters. Each serves as kind of of a book, part autobiography, part a scenic overlook during episodes meditation, part history, and part of a lengthy intellectual journey. historiography. Once discharged At each stop, Bailyn brings to the from the army at the end of World fore little known documents or an War II and settled into the discipline obscure person’s life to open up of history at Harvard University, views into a larger, more complicated Bailyn undertook an ambitious quest universe, which he had tackled to understand nothing less than with greater depth and detail in the structures, forces, and ideas previously published books and that ushered in the modern world.