Lehrman American Studies Center

Introduction

The Civil War was not just an attempt to work a solution to the problem of slavery left unresolved by the founding era; the war also grew out of a difference of opinion concerning the nature of the American “experiment in self-government.” Both Abraham Lincoln and Jefferson Davis, the respective presidents of the U.S. and Confederate governments, claimed of their administrations that they were being loyal to the U.S. Constitution as well as to the guiding principles of the American founding. What were these competing views of the Constitution? How closely do they match or develop the founders’ own views? What does it mean to say that Lincoln helped to bring about a “re-founding” of the U.S.? Finally, how did the re-founding of America during and after the Civil War affect subsequent American political developments?

In order to assess the competing views of the Constitution, we will begin the course with a brief examination of the background issues of the Civil War. From there we will turn to the two prominent theories of the Constitution that are in tension during the Civil War era, focusing particularly on the respective accounts of sovereignty advanced by the parties. Next we will look at the Civil War era by discussing the positions taken in the North and South. Finally, after examining theories on Reconstruction, we will address the changes that are brought about in the Constitution in the aftermath of the Civil War, focusing in particular on the 14th Amendment.

Course Objectives

This course is an inquiry into the nature of the U.S. Constitution and the political philosophy that underpins the American system, as well as an attempt to understand how the Civil War shaped Americans’ own understanding of their country. In short, the objectives of this course are 1) to understand the two competing theories of the founding that came into aggressive conflict as a result of Southern secession; 2) to assess the meaning of the Lincolnian re-founding; and 3) to analyze the re-founding’s effect on American political thought.

Required and optional texts

• John C. Calhoun, A Disquisition on Government

• Abraham Lincoln, His Speeches and Writings

• The Civil War and The Re-founding of America (course reader)

• The Federalist Papers (for reference, esp. 1, 2, 3, 5, 6, 7, 9, 10, 15, 17 19, 27, 28, 32, 33, 37, 39, 40 43, 45, 46, 62, 78, 80, 84 )

Assignments

1. Essay: 30%
2. Midterm Exam: 30%
3. Final Exam: 30%
4. Class Participation: 10%

1. You are to write one 5-7 page essay for this course (see below for due date) either on a topic to be chosen from a list I will prepare or in consultation with me. I encourage you to formulate your own topic should you desire to do so; I only ask that you see me for advice or help in developing your thesis. The essay is worth 30% of your grade for the course.

An essay less than the required length will receive a one letter grade reduction. Further, your essay is to be double-spaced in 12 point Times New Roman font. Standardizing the font type and size ensures fairness for all students. The essay will be graded on a standard A-F letter grade scale. For each calendar day that the essay is late, you will lose two-thirds of a grade; e.g. an essay due on Tuesday that is handed in any time after the beginning of class on Tuesday until 11:59 p.m. on Wednesday that would have received an ‘A’ will get a ‘B+’. Unless you have a note from a doctor or nurse, dean, etc., there are no exceptions to this policy. A final note concerning the essay – you are not to use the Internet as a source of information. In using secondary sources, you are restricted to academic books and journals, and the university’s library should be more than ample for that purpose. Any source you use, including the book(s) from class, should be referenced in your bibliography. As far as documentation is concerned, you are free to use any standardized format you like, although I would suggest MLA or Chicago. Above all, remember what office hours are for: come and see me with any difficulties or questions you may have.

Academic Dishonesty: Plagiarism and other forms of academic dishonesty will not be tolerated in any way. All persons involved in academic dishonesty will be disciplined in accordance with Oglethorpe University policy. In conformity with the University’s policy, all written work must be turned in with the following signed pledge: “I have neither given nor received unauthorized aid in completing this assignment.” For your convenience, we will discuss plagiarism when I assign the first essay topic. I take plagiarism very seriously as those who misrepresent the work of others as being their own commit an offense against the plagiarized, the class, the university, and, most importantly, themselves.

2. The midterm exam will consist of short essays and is worth 30% of your grade for the course.

3. For the final exam, which is 30% of your grade for the course, I will choose from a list of essays that you will have in advance. The exam will be cumulative.

4. By Class Participation I mean not merely participating in class, but intelligently participating. This will require you to 1) attend all of the classes - any more than three unexcused absences (i.e. an absence without a note) will result in a reduction of one letter grade, e.g. from an ‘A’ to a ‘B’. For each subsequent absence one letter grade will be taken off. Further, I consider any student not present when I call roll absent. I tend to call roll in the first five minutes of class; 2) read all of the readings for that day and to think about them as you do; 3) be prepared to summarize the reading assigned for the day. You do not need to write anything down; 4) actively yet moderately participate in the class discussion – even if you find it difficult to speak in class, at the very least you should take it upon yourself to ask for clarification on subject-matters you do not understand. We learn by communicating with others and the study of human nature in particular requires conversation with the members of our community – it is IMPOSSIBLE to get an ‘A’ in this course just by writing the papers.

Course Schedule

Week 1:

• Opening Remarks: Lincoln, “Address at Cooper Union;” and Davis, “Inaugural Address” (handout)

I. The Issues

Week 2

Class 1:

• Dred Scott v. Sandford, Fugutive Slave Laws

Class 2:

• Western Territories: Thomas Jefferson, “A Firebell in the Night”
• Missouri Compromise of 1820 (handout)
• Nebraska-Kansas Act (handout)
• Stephen A. Douglas, “Defense of the Kansas-Nebraska Act”
• Lincoln, His Speeches and Writings, 283-323

Week 3

Class 1:

• States Rights: The Kentucky and Virginia Resolutions (Thomas Jefferson, James Madison)
• Nullification in the North

Class 2:

• Federal Authority: John Marsall, Marbury v. Madison, McCulloch v. Maryland, Gibbons v. Ogden (handout)

Week 4

Classes 1 & 2:

• Abraham Lincoln, “House Divided” speech (His Speeches and Writings, 372-81)
• The Lincoln-Douglas Debates (course reader)
• Lincoln, His Speeches and Writings, 268-77, 579-90, 594-609, 651-2

II. The Background: Two Competing Theories of the U.S. Constitution

Week 5

Classes 1 & 2:

• Joseph Story, Commentaries on the Constitution of the United States (selections)

Week 6

Classes 1 & 2:

• John C. Calhoun, A Disquisition on Government

ESSAY DUE

III. The Civil War and its Repercussions

Week 7

Classes 1 & 2:

• James Buchanan's final address to Congress
• Northern Selections: Lincoln, His Speeches and Writings, 689-91, 734, 792-3
• John Sherman, “Secession Means War”
• Charles Sumner, Resolutions on Secession and Reconstruction
• William Tecumseh Sherman, letter to John Sherman

Week 8

Classes 1 & 2:

• Southern selections: Mississippi Resolutions, South Carolina Declarations, Jefferson Davis’ Inaugural Address and War Message
• Donald W. Livingston, “The Founding and The Enlightenment: Two Theories of Sovereignty”

Week 9

Class 1: Review

Class 2: Midterm exam

Semester Break

Week 10

Classes 1 & 2:

• Lincoln, His Speeches and Writings, 738-41
• Andrew Johnson, Thaddeus Stevens, Alexander Stephens on Reconstruction
• Texas v. White (handout)

IV. Post-Civil War Amendments to the Constitution

Week 11

Classes 1 & 2:

• 1857 Oregon Constitution (slavery and free blacks)
• Mississippi Black Code

Week 12

Classes 1 & 2:

• Post-Civil War Amendments to the Constitution
• Andrew Johnson and Lyman Trumbull on the Civil Rights Bill
• Civil Rights Act
• Raoul Berger on the 14th Amendment (selections)

Week 13

Classes 1 & 2:

• The Role of the Supreme Court post-14th Amendment: Civil Rights Cases of 1883
• Plessy v. Ferguson
• Munn v. Illinois
• Lochner v. New York

Week 14

• Harry Jaffa, “Equality, Justice, and the American Revolution” (handout)
• Jeffery Rogers Hummel (selections)

May 1st

Last day – Summary of the course

FINAL EXAM