02 Oct 3 Thursday Constitutionalism and traditions of authority in the colonial era HST 486

1. Administrative: questions about syllabus, books, readings, course?

2. Last Meeting:

A. Course objectives and format (comparative colonial experiences as a central focus)

B. Nationalistic blinders in dealing with constitutional history:

C. political realities vs modern taboos in the realm of politics

D. Method of Comparative history to understand constitutional history:

3. Today: The nature of constitutional authority in Colonial North America

A. Origins of Constitutional authority

1. Discuss "rights consciousness" (Hartog) vs "constitutionalism" (Belz)?

a. who is a citizen?

b. does dependency inhibit citizenship?

c. does a "right" trump all other rights?

d. does a "right" require government action to undo infringements?

e. does a government in violation of rights lose legitimacy?

f. does the body of law constitute "constitutional history"?

g. does constitutionalism permit political action/activism?

i. is civil disobedience compatible with constitutionalism?

2. Compare French vs British traditions of colonial authority?

a. rights of citizenship, property, and political representation?

b. rights of religious expression?

3. English context of colonial authority: Who had rights and wielded power?

a. Magna Carta (1215) and the roots of British common law

b. Example of Virginia (Charter of 1606)

e. Examples of Mass. and Connecticut (Mayflower Compact, 1620)

g. Examples of Pennsylvania (1682-1701)

j. John Locke's Two Treatises on Civil Government (1690)

4. French context of colonial authority: Constitution of New France (1627)

B. The Conquest and the transfer of authority to British control

1. articles of capitulation of Quebec (1759) and Montreal (1760)

a. what is the status of property in the articles? religious expression?

c. what is the status of the people of New France under the articles?

2. the "conquest" and "decapitation theory

4. Terms:

Magna Carta (1215) rights consciousness

Virginia [Martial] Articles, Law, and Orders (1610) Virginia Charter (1606)

Virginia Ordinance & Constitution (1621) constitutionalism

Fundamental Orders of Connecticut (1636) liberal pluralism

Pennsylvania Frame of Government (Penn, 1682) Mayflower Compact (1620)

Pennsylvania Charter of Liberties (1701) republicanism

John Locke (Two Treatises, 1690) the "rule of law"

Constitution of the Company of New France (1627) Seigniors

Articles of Capitulation of Montreal (1760) habitants

The Conquest (1760) "decapitation" thesis