Hist 486: North American Constitutional
History Instructor: Max Geier (geierm@wou.edu) Phone: 838-8369
Fall 2002—http://www.wou.edu/las/socsci/faculty/geier.htm
Office: HSS 231A Office Hours: MWF 10-12; TR
Required Texts: successful completion of this course will
require a thorough grasp of assigned readings in the following texts:
Krum 1.
Marc W. Kruman, Between Authority and
Corn 2.
Saul Cornell, The Other Founders:
Anti-Federalism and the Dissenting Tradition in
Hall 3.
Kermit L. Hall, Major Problems in
American Constitutional History, Volume I:
(D.C. Heath & Co., 1992)
[pack] 4.
See list of readings on reverse of this syllabus [available in HST 486 packet
from the Social Science office in HSS 231]
Course Objectives: This is the second of a 3-quarter sequence in
Constitutional History that may be taken independently or sequentially
(absolutely no pre-requisites). The first quarter (HST 485) explores the
origins of constitutional authority in the English common law in relation to
the emergence of a British Empire. This
second quarter (HST 486) explores the concept of constitutional authority with
a comparative analysis of developments in British North America (Canada) and
the United States from the early colonial period through the constitutional
crises of the mid-19th century.
The third quarter (HST 487) focuses on the Constitutional History of the
United States with an emphasis on case-law from the revolutionary era through
the present. Students in each of these
courses develop skills of critical reading, analysis of primary and
secondary sources, and written and oral methods of historical synthesis.
Schedule of Assignment Deadlines,
Discussion Themes, and Readings to be completed by Thursday for the week of:
Oct 1 &
Oct 3 Constitutionalism
and traditions of authority in the colonial era
1.
What was the nature of constitutional
authority in Colonial North America before 1700?
2.
How did traditions of constitutional
authority in colonies acquired from France differ from those in British
colonies before 1763?
1.
What was the relation between the
Proclamation of 1763, the Quebec Act, and traditions of constitutional
authority?
2.
How did advocates of revolution reconcile
constitutional authority and violent insurrection?
3.
What characteristics did the
revolutionary constitutions share and what were their most significant points
of difference?
Readings (Read for AP #1): Hall,
71-119; Krum, 1-60; [pack]: Riddell,
8-17; Proclamation of 1763&Treaty of
Paris; Quebec Act of 1774
1. How did the revolutionary generation
distribute powers in the state constitutions and why?
2. How did the Articles of Confederation
compare with North American traditions of constitutional authority before 1787?
Readings (Read for AP#2): Articles of
Confederation (Hall appendix, pp. i-vii);
Krum, 61-154; Corn, 1-15; [pack]:
Rawlyk, pp. 20-40
1.
What were the priorities of the
constitutional reform movement of the late 1780s, and why were they unpopular?
2.
How did constitutional reforms in the
United States compare with constitutional reforms in the Canadas after 1787?
Readings (Read for AP#2): Hall, 120-178;
Corn,. 51-68, 81-120;
[pack]: Upton, pp. 41-61; The Constitutional Act of 1791;
1.
What were the most effective arguments
against the constitutional reform movement and why did they fail in the United
States?
2.
How did the constitutional reform
movement of the late 1780s affect definitions of citizenship rights and
privileges?
Readings (Read for AP#3): Hall, pp. 178-220; Corn, pp. 68-80, 121-146; [pack]: Riddell, pp. 52-61; Doll, pp. 237-260
1. How did the new constitutions of 1789
and 1791 affect ideas of nationalism and loyal opposition in the North America?
2. How did effectively did the new
constitutions resolve the issue of regional differences in the Canadas and the
United States?
Readings (Read for AP#3): Hall,
pp. 202-231; Corn 147-199; [pack]: Coupland,
pp. v-xxi; Wise, pp. 62-94; Wallot,
pp. 95-121
1.
How did the question of original intent
become important to political thought in the United States?
2.
What was the relation between
revolutionary ideals and the need for constitutional adaptation?
Readings (Read for AP#4): Corn, pp. 200-287; Hall, pp. 253-275
1.
How did the American and Canadian
constitutional systems adapt to the capitalist transformation of the early
1800s? Results?
2.
What were the most important shortcomings
of the American and Canadian systems of constitutional reform? Results?
Readings (Read for AP#4): Hall, pp. 314-332, 428-451; [pack]: Buckner,
pp. 47-92
1.
How did Andrew Jackson reconcile a
militant nationalist agenda with constitutional limitations on national &
executive authority?
2.
How did militant nationalism in the
United States influence British priorities for constitutional reform in the
Canadas?
Readings (Read for Final Exam):
Hall, 350-363, 378-404; [pack]: Buckner, pp. 176-249; The Union Act of 1840
1.
Why did both Canada and the United States face constitutional crises in the
1830s and in the 1860s? Compare and contrast
the results?
2. How did the Confederate Constitution
of 1861 compare with the British North America Act of 1867 and the 14th
amendment?
Readings (Read for Final Exam): Hall, 491-510; Corn, 303-308; [pack]; Coupland,
xxi-lxvii; British North America Act of
1867
Analysis papers (#’s 1,
2, 3, and 4) 30 see
above
Class Participation 30 regular
attendance
Prospectus (for Library
Project, below) Thursday,
17 Oct
Library Review Project
(including prospectus, see below) 20 Tuesday,
3 Dec
Final Exam 20 See
Class Schedule
Final Examination Format: Blue books
and an ink writing utensil are required.
The final consists of two essay questions and a matching/short-answer
essay section. Questions
and ID items may be drawn from assigned readings, lectures, discussions, and/or
student presentations. One
of the 2 essay questions will focus primarily on readings from the last 2 weeks
of the course. The other question will
address continuing, major themes for the course, as identified on review
questions provided in advance of the final.
Each essay question is worth a maximum of 30 points, and the
matching/short-answer essay section is worth a maximum of 40 points. Essays are graded on the extent to which they
present a complete, coherent response to the question with accurate examples
from readings, discussions, and lectures that are appropriate to the question and
supportive of the argument presented in the essay. All exam elements assume familiarity with
readings, lectures, and discussions.
Class
Participtation: Discussions
are an important component of this class, and the weekly focus questions are
designed to encourage an informed discussion of issues addressed in the
assigned readings and lectures. Daily attendance is required. Credit will be deducted for any
absences. Credit for active
(constructive) participation is noted after each meeting. Constructive participation includes active
and considerate listening as well as verbal expression.
Analysis papers: Analysis
papers are intended to facilitate an informed discussion of themes and issues
addressed in readings and lectures/discussions for each 2-week section of the
course. Each student is expected to
complete a thematic, written analysis of readings assigned for those 2 weeks,
relating those materials to continuing, ongoing themes of the course as
presented in previous readings, lectures, and discussions. Commentary
should be limited to 2-3 single-spaced, typed pages (in a font size no smaller than 11-point,
times-roman), or approximately 1000-1500 words for each analysis paper.
·
All students are
expected to complete all readings assigned for each week before Thursday
of the week for which they are assigned.
The analysis papers should be thematic essays that present a critical
argument that demonstrates an understanding
(not a summary) of the scope, breadth, significance, and purpose of issues addressed
in those readings as they relate to
themes addressed in lectures, discussions, and other readings from the current
and previous weeks. Note that the syllabus includes focus questions for each week's
readings as a general guide to completing this assignment. It is a good idea to consult with the
instructor and discuss your ideas before the due date for each analysis paper,
either by raising questions during regular class meetings, or by scheduling an
appointment during office hours, or both.
·
Analysis papers are graded on a scale of
0 to 10 (10=superior, 9=excellent, 8=good, 7=adequate, 6=marginal, 5 and
below=weak). The total for all analysis
papers added together accounts for 30% of the final grade for this course. Grading criteria include: organization,
accuracy, clarity of argument (or thesis), the extent to which the material
addressed in the analysis paper demonstrates a clear understanding of the
general scope of readings assigned for those 2 weeks, and the extent to which
the analysis paper relates readings from those weeks to previous themes from
readings, discussions, and lectures.
Focus
Project (or presentation) and Prospectus:
This assignment is intended to encourage
exploration of a topic of particular interest beyond the readings assigned for
this course. The prospectus is a brief
(one-page) statement of the intended topic, including the historiographic and
constitutional issues context of that issue and a preliminary list of sources. The project requires each student is required
to locate in the library (or through inter-library loan) at least two (2)
monographs (book) exploring, in depth, a particular topic pertaining to
Constitutional History in the period between 1763 and 1867 and at least two (2)
journal articles directly relevant to the central theme of those
monographs. Alternatively, students may
select at least six (6) journal articles exploring, from varying perspectives,
a particular issue or theme pertaining to this era of North American
History. In either case, at least one of
the journal articles should include a discussion of the historiographical
context and development of that issue.
Each student should schedule a meeting with the instructor during the
first 3 weeks of class to identify a topic for the Library Review Project and
agree on which of these two options would be most suited to that topic. Using these library sources, along with other
course materials (readings, lectures, discussions), the student should draft a
critical review of the selected topic in a typed, double-spaced paper of 6-8
pages in a font size no smaller than 11 Times-Roman. A presentation option is available on prior
consultation with the instructor (this option is only available if indicated on
a prospectus submitted in a timely manner).
Citation
Guidelines for Analysis Papers and Focus Projects: Historians generally adhere to the style and
citation requirements laid down in the Chicago
Manual of Style. Those guidelines
are available in a highly abbreviated format suited to the needs of this course
(Rampolla's Handbook for Writing in
History ), which is available for purchase from the History section of the
WOU bookstore. ALL ANALYSIS PAPERS AND FOCUS PROJECT PAPERS submitted for a
grade in this course MUST ADHERE TO THE CONVENTIONS OF PROPER ENGLISH USAGE AND
THEY MUST FULLY CITE ANY AND ALL SOURCES REFERENCED, QUOTED, OR OTHERWISE
CONSULTED in the course of generating or developing ideas for these
assignments. Students are expected to familiarize themselves with, and adhere to the
WOU student code of conduct in all matters pertaining to this class.
List of Materials in reading packets: The
following materials are available in packet form from the Social Science office
(HSS 231) and are required for successful completion of this course:
Riddell. 1-8, 8-17,
52-61: William R. Riddell, The Constitution of Canada in its History
and Practical Working (Oxford, MDCCCCXVII)
Rawlyk, pp.
20-40: George Rawlyk, “The 1770s”, in
J.M.S. Careless (ed.) Colonists &
Canadiens (McMillan, 1971)
Upton, pp. 41-61: Leslie Upton, “The 1780s”, in J.M.S. Careless
(ed.) Colonists & Canadiens
Doll, pp.
237-260: Peter M. Doll, Revolution, Religion, and National Identity
(London: Associated University Presses, 2000)
Coupland, pp. v-xxi, xxi-lxvii: Sir Reginald Coupland, The Durham Report (Oxford, 1945)
Wise, pp. 62-94: S.F. Wise, “The 1790s”, in J.M.S. Careless
(ed.) Colonists & Canadiens
Wallot, pp.
95-121: Jean-Pierre Wallot, “The 1800s”,
in J.M.S. Careless (ed.) Colonists &
Canadiens
Buckner, pp. 47-92,
176-249: Phillip A. Buckner, The Transition to Responsible Government (Westport,
CN: Greenwood Press, 1985)
The packet also
includes copies of the following public documents of British North America and
Canada:
Articles
of Capitulation of Quebec (1759) The
Quebec Act of 1774
Articles of Capitulation of Montreal
(1760) The Constitutional Act of 1791
Proclamation
of 1763 1840 Union Act
Treaty of Paris of 1763 British
North America Act of 1867