Bill of Rights Institute

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Screenshot, Bill of Rights Institute home page
Annotation

The Constitution is a classroom (and U.S. ideological) staple. As the platform from which U.S. history shapes itself, it is crucial that your students understand the Founding Fathers and their documents. The Bill of Rights Institute exists to help educators present this material.

The website brings together a variety of resources from introductions to and copies of primary source documents to a wide selection of resources specifically for educators. The latter includes Constitution Day resources such as an interactive game on living without the Bill of Rights, another that provides interesting background information on all of America's infamous founding figures, and an essay contest. Browsing through the educator resources also brings to light lesson plans, Bill of Rights-related current news articles which have been selected for classroom appropriateness, information on 24 of the Founding Fathers, summaries of major Supreme Court cases, and the ability to search the site by choosing a major topic such as "criminal procedure."

The student resources are largely the same as the Constitution Day resources, although links are provided to a number of relevant videos and an "Americapedia," which identifies and describes civic values, portions of the Constitution, major political documents, major Supreme Court Cases, and names to know.

Educators may also be interested in seminars and webinars. Two previous webinars are available online.

William H. Seward House [NY]

Description

The William H. Seward House preserves four generations (1816-1951) of artifacts of daily life; and presents the life of William H. Seward (1801-1872), Governor of New York, U.S. Senator, Secretary of State under Abraham Lincoln and Andrew Johnson, abolitionist, and organizer of the Republican Party. Seward was involved in the writing process of, and signed, the 1863 Emancipation Proclamation. The 1816 structure itself is Federal and Tuscan in style.

The house offers period rooms, tours, and brown bag lectures. Advance notification is required for groups of 10 or more.

John Marshall House [VA]

Description

John Marshall built his home in Richmond in 1790, 11 years prior to becoming the fourth Chief Justice of the U.S. Supreme Court. The Federal-style brick house is one of the last remaining structures of the neighborhood that existed in what is now downtown Richmond. Inside the house is the largest collection of Marshall family furnishings and memorabilia in America.

The house offers exhibits, tours, and occasional recreational and educational events.

Andrew Johnson National Historic Site [TN]

Description

The Andrew Johnson National Historic Site honors the life of the 17th President. Andrew Johnson's presidency, 1865–1869, illustrates the United States Constitution at work following President Lincoln's assassination and during attempts to reunify a nation torn by civil war. His presidency shaped the future of the United States and his influences continue today.

The site offers a short film, exhibits, tours, and occasional recreational and educational events (including living history events).

Film Review: Prohibition

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Photography, Prohibition Disposal, pre 1923, Wikimedia Commons
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With their three-part documentary on Prohibition, Ken Burns and Lynn Novick turn the rise and fall of the Eighteenth Amendment into a cautionary tale about metastasizing single-issue politics in America. Perhaps as expected, the films hit their stride when talking about the late 1920s, with tommy-gun wielding gangsters, bootleggers, and speakeasy patrons battling earnest federal enforcers for the soul of the nation. But the films brood far more than they sensationalize, ultimately making the story of Prohibition not only more expansive but also much more serious and less rollicking than it might be.

The “noble experiment” (a term attributed to Herbert Hoover) of Prohibition was enacted to protect American families and society from the pernicious and widely acknowledged effects of alcohol consumption. While saluting these laudable intentions, Burns and Novick cast Prohibition as not only a “notorious civic failure” but, even more damning, also as a violation of the American character itself. Although Prohibition was in effect only from 1920 to 1933, its roots tapped into the early years of antebellum reform and it had lasting effects on American culture, politics, and law. Prohibition takes in an ambitious sweep of more than a century, starting with the beginnings of the temperance movement in the 1820s.

Burns and Novick cast Prohibition as not only a “notorious civic failure” but, even more damning, also as a violation of the American character itself.

In the first installment, “A Nation of Drunkards,” we learn that Americans drank three times as much in the 1830s as they do now. Alcohol routinely appeared at every meal, and much of it was consumed in male-only saloons and by the working class—for whom “grog time” bells were a familiar sound and rations of rum or cider were part of the wages for apprentices, factory workers, sailors, and soldiers. The movement toward Prohibition was a voluntary one at first, relying on moral suasion and religious conversion, but the post–Civil War era, with its waves of immigrants bringing new cultures and drinking habits to teeming urban neighborhoods, revived the temperance movement and sharpened its political aspirations. By that time, at least one third of the federal budget was generated from alcohol taxation (it represented as much as 70 percent of internal tax revenues in some years), and the saloon’s brass rail had become the locus of both working- and middle-class men’s social and political culture. (Upper-class men, of course, had exclusive clubs of their own for drinking, and genteel evenings ended with men retiring for alcohol and cigars apart from women.)

Women . . . became temperance’s most powerful advocates, under the banner of “home protection.”

Nineteenth-century saloons were usually owned by breweries, which paid for the licenses and provided the furnishings, even down to the paintings on the wall. Women, excluded not only from the saloon but also from the ballot and increasingly incensed by cities’ sprawling vice districts, became temperance’s most powerful advocates, under the banner of “home protection.” Temperance women gathered petitions, picketed or vandalized saloons, installed public water fountains across America, and developed a lurid public school curriculum to impress upon children the horrors of alcohol consumption. Burns and Novick profile the pious sidewalk protester Eliza Jane Thompson, the brilliant Woman’s Christian Temperance Union (WCTU) strategist Francis Willard, and the crusading saloon crasher Carrie Nation.

While the WCTU’s agenda embraced women’s suffrage, settlement houses for inebriate women, and a slew of associated social causes, by the turn of the 20th century the antialcohol movement had a formidable ally in the Anti-Saloon League, which became the nation’s most successful lobbying organization. Under Wayne Wheeler, the league successfully adapted the new structure of modern corporations to its single-minded goal of eliminating alcohol, locality by locality; as Burns explained during a promotional appearance on Keith Olbermann’s cable program, the Anti-Saloon League “makes the NRA [National Rifle Association] look like they’re wearing short pants.” Prohibition was not a conservative movement; it was a progressive one. And as momentum gathered in the early 20th century for passage of national legislation, it attracted a remarkable coalition. Prohibition was probably the only issue that could have united the National Association for the Advancement of Colored People, the Ku Klux Klan, and the Industrial Workers of the World into a single campaign. In the end, World War I tipped the scales toward the passage and ratification of the Eighteenth Amendment, as it unleashed an anti-German backlash against brewers and a wartime ban on the use of grain for alcohol.

Prohibition was not a conservative movement; it was a progressive one.

As seen in the second episode, “A Nation of Scofflaws,” the momentum carrying the amendment to passage evaporated almost overnight once it was in place. Obedient brewers retooled to make soft drinks, ice cream, malt extract, and yeast instead; saloons and distilleries were shuttered. But defiance of the new enforcement law, informally known as the Volstead Act, was everywhere. Prohibition seemed designed for everyone else. A sudden surge in medicinal alcohol prescriptions and in the number of “rabbis” who certified religious wine for household use suggests that many people creatively exploited the law’s loopholes and exemptions. As lawlessness increased, so did contempt for the law and those who represented it.

We meet hapless and chronically outgunned Prohibition officials such as Assistant Attorney General Mabel Walker Willebrandt struggling against a tide of clever bootleggers, smugglers, liquor adulterators, and scammers—including St. Louis’s George Remus and Chicago’s Al Capone and Johnny Torrio. Prohibition made small-time criminals and hoodlums fabulously wealthy selling people what they wanted, at all levels of society from skid row to Newport, RI, mansions; a huge still was even discovered on the western ranch of Morris Shepherd, the man who first proposed the Eighteenth Amendment in Congress. Murder and mayhem erupted, especially in cities where police and municipal officials were often on the take, injuring both social stability and civil liberties. One sidestory explores the use of early wiretapping in bringing down the Seattle bootlegger Roy Olmstead; it was in the dissent to the decision of Olmstead’s appeal to the Supreme Court, oddly enough, that Louis Brandeis first articulated the constitutional right to privacy.

As lawlessness increased, so did contempt for the law and those who represented it.

By the late 1920s, genuine distress had set in over the rapid social and cultural changes that could be blamed on Prohibition; the law and the weak attempts to enforce it seemed the height of “preposterous naiveté.” During the third part of the Prohibition film series, “A Nation of Hypocrites,” we follow “Lipstick,” the New Yorker writer and quintessential flapper Lois Long, on her nightly rounds of Harlem speakeasies and black-and-tans where illicit alcohol and hot jazz blurred racial boundaries. Era films such as Flaming Youth (1923) illustrated the growing generation gap between the dour suffragists who had won the vote and imposed Prohibition, and the younger, hedonistic, liberated women who openly flaunted their sexuality, embraced illegal liquor as a consumer status symbol, and drank alongside men in illegal dives.

The fate of Prohibition became a major issue in the presidential campaign of 1928 with the nomination of the Democrat Alfred Smith, a Catholic New Yorker and an unapologetic “wet” who drew the ire and bigotry of Protestants, Republicans, and the Ku Klux Klan. Smith’s defeat seemed to stall the movement for repeal for a time. So the real hero of the final installment in the series emerges as the patrician Long Island hostess Pauline Sabin, a Republican club woman galled by the claim of the WCTU to speak for all women. Sabin injected a note of respectability, even elegance, into the campaign for Prohibition’s repeal. There is deep irony in her use of precisely the same images and rhetoric that had been used to support the original passage of the Eighteenth Amendment: Prohibition corrupted the nation’s families and morals, endangering citizens and encouraging violence and disregard for the rule of law. Sabin’s campaign gained even more credibility at the lowest point of the depression, when the need for alcohol tax revenues took on new financial urgency for the federal government. While it was illegal, alcohol could not be regulated, but once legalized again it could become subject to regulation—and to taxation. Legalizing beer with a 3.2 percent alcohol content was one of President Franklin D. Roosevelt’s first acts upon taking office in 1933; passage and ratification of the Twenty-First Amendment—the only constitutional amendment designed to repeal a previous one—took less than a year, ending the nation’s 13-year experiment.

While it was illegal, alcohol could not be regulated, but once legalized again it could become subject to regulation—and to taxation.

The release of Prohibition in the fall of 2011 coincided with heightened interest in the period, in part because of the acclaimed semifictional HBO series glorifying Atlantic City’s Prohibition-era bootleggers, Boardwalk Empire. Additionally, the Occupy protests and an increasingly rancorous early presidential election campaign season gave occasion for Burns and Novick to market the documentary as immediate and timely. They used Prohibition to argue that polarization over issues of morality and law pose a real danger to the American social contract. During the prerelease publicity, Burns and the film’s other producers organized a multicity tour, and built a website with educational content in cooperation with the National Constitution Center museum in Philadelphia—all to open public dialogue about civility and democracy. Some of those nuances about contemporary politics and civility will be obscured by the more sensational scenes in the documentary, especially when Burns and Novick linger so appreciatively over headline-grabbing mobsters and dismiss the pious temperance activists as hopelessly unrealistic.

Despite a few missteps, however, the documentary succeeds in telling this rich and complex story with deadly earnest, showcasing Burns’s well-polished style to great effect.

All three episodes are visually stunning, enhanced by a soundtrack scored by Wynton Marsalis and an abundant use of period music. Burns and Novick insert frequent filler shots of jewel-toned liquid pouring slowly into highball glasses or moody shafts of dusty light falling on silent brewery bottles sliding along assembly lines. More than some of Burns’s other films, Prohibition relies more on narration to move the story forward, imposing a direct and unmistakable editorial opinion that leaves little room for reinterpretation. The cast of interviewees includes Supreme Court justice John Paul Stevens, Studs Terkel, William Leuchtenberg, and Martin Marty, with celebrity voice-over work from Samuel L. Jackson, Paul Gaimatti, Jeremy Irons, Sam Waterston, and Blythe Danner. Here and there, Burns plays loose with images and footage—for example using a photograph from Dorothea Lange’s 1935 Migrant Mother series to illustrate despair in the summer of 1932. Some archival footage inexplicably appears more than once in the film. Despite a few missteps, however, the documentary succeeds in telling this rich and complex story with deadly earnest, showcasing Burns’s well-polished style to great effect.

Bibliography

This review was first published in The Journal of American History, (2012) 99 (1): 374-377. Reprinted with permission from the Organization of American Historians (OAH).

The Electoral College in U.S. Presidential Elections: Logical Foundations, Mathematics, and Politics

Description

Scholar Alexander S. Belenky examines the presidential election process and the institution of the Electoral College. He looks at the form of the Electoral College as defined in the U.S. Constitution, the application of this form, and the possible imbalances and stalemates that can result in elections due to this institution. He also suggests changes in the system that might guard against such stalemates and imbalances.

In Pursuit of Freedom

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Print, n.d., F. Douglass, Schomburg Center for Research in Black Culture, NYPL
Question

What made Frederick Douglass a radical abolitionist?

Answer

That Frederick Douglass was an abolitionist is beyond debate. Born a slave, he eventually escaped and became one of the most famous activists to work for emancipation. Whether working as a stump speaker or editing one abolitionist newspaper after another, Douglass expressed tremendous hope that the slave power would eventually fall. He once declared, “There is not a man beneath the canopy of heaven, that does not know that slavery is wrong for him.” That Douglass was radical in his anti-slavery speeches and newspaper editorials is somewhat debatable, and would depend on how one defines “radical.”

“Hereditary bondmen! Know ye not / Who would be free, themselves must strike the blow?”

Frederick Douglass was fond of quoting this line from Lord Byron as it summed up his political activism. This call to the enslaved to be their own liberators reflected a revolutionary urgency and fervor most would associate with radical measures. But compared with abolitionists like William Lloyd Garrison, Douglass’s one-time mentor and fiery editor of the Liberator (whose masthead read “No Union with Slaveholders”), Frederick Douglass appears measured and sensible. For example, Douglass once wrote, “My position now is one of reform, not revolution. I would act for the abolition of slavery through the government—not over its ruins.”

In contrast, Garrison burned a copy of the Constitution in public, calling it “the most bloody and heaven-daring arrangement ever made by men for the continuance and protection of a system of the most atrocious villainy [sic] ever exhibited on earth.” Most famously, he pronounced the Constitution “a covenant with death,” “an agreement with hell,” and “refuge of lies.”

"Mr. Garrison and his friends tell us that while in the Union we are responsible for slavery. . .

Even more extreme was John Brown, who tried to recruit Douglass for a raid on the federal armory in Harpers Ferry, VA, a doomed venture that exacerbated sectional tensions leading up to the 1860 presidential election. Brown believed the seizure of the armory would spur local slaves to rise up against their masters and spark a slave rebellion throughout the South. Douglass shunned the effort. As historian David Blight observed, “For Douglass, the question of violence was always more a tactical than a moral problem. He did not relish the prospect, but morally he believed the slaves had the right to rise up and slay their masters.” Compared with the lawlessness of Garrison and Brown and their disrespect for the Constitution, Douglass’s abolitionism looks less radical, if not tame.

. . . I admit our responsibility for slavery while in the Union, but I deny that going out of the Union would free us from that responsibility. . .

Douglass sought to free the slaves within the confines of the Constitution. He thought only by keeping the slave states within the American Union could the federal government then be used to rid the nation of slavery. Douglass came to view the Constitution as a pro-liberty document, thus agreeing with Lincoln “the Great Emancipator” on the principal means of promoting freedom.

Lincoln understood the Founders to expect slavery to wither away in a generation or two by restricting its importation into the new nation (as early as 1808) and preventing its expansion into federal territory (see, the Northwest Ordinance of 1787). As historian James Oakes writes: “Abraham Lincoln and Frederick Douglass agreed that there was no such thing as a constitutional right to own slaves. But for Lincoln the Constitution recognized the existence of slavery as a practical necessity, whereas for Douglass the absence of a right to own slaves obliged the federal government to overthrow slavery everywhere.”

. . .The American people in the Northern States have helped to enslave the black people. Their duty will not have been done till they give them back their plundered rights." &#8212 Frederick Douglass

In sum, what made Frederick Douglass an abolitionist was his experience with slavery firsthand: simply stated, he found it a poor fit for his humanity. He became a radical abolitionist, calling for the immediate abolition of slavery, because he came to view the U.S. Constitution as a pro-liberty document that could be interpreted to permit Congress to abolish slavery not only from federal territories but also in the states where it already existed. One might say his aims were radical, while his means, especially after the break from Garrison, were not radical insofar as they remained within the American constitutional context.

Bibliography

Blight, David W. Frederick Douglass' Civil War: Keeping Faith in Jubilee. Baton Rouge: Louisiana State University Press, 1989.

Douglass, Frederick. The Life and Writings of Frederick Douglass. 5 vols. Edited by Philip S. Foner. New York: International Publishers, 1950-1975.

_______. Autobiographies: Narrative of the Life of Frederick Douglass, an American Slave, My Bondage and My Freedom, and Life and Times of Frederick Douglass. Edited by Henry Louis Gates, Jr. New York: Library of America, 1994.

Myers, Peter C. Frederick Douglass: Race and the Rebirth of American Liberalism. Lawrence: University Press of Kansas, 2008.

Oakes, James. The Radical and the Republican: Frederick Douglass, Abraham Lincoln, and the Triumph of Antislavery Politics. New York: W.W. Norton and Company, 2007.

National Constitution Center (PA)

Description

The National Constitution Center is an independent, non-partisan, and non-profit organization dedicated to increasing public understanding of, and appreciation for, the Constitution, its history, and its contemporary relevance, through an interactive, interpretive facility within Independence National Historic Park and a program of national outreach, so that "We the People" may better secure the Blessings of Liberty to ourselves and our Posterity.

The Center has exhibits, programs for teachers and students, and outreach events.

Establishing an Independent Judiciary in the Founding Era

Description

From the Gilder Lehrman Institute:

Jack Rakove, Professor of Political Science and Law at Stanford University, discusses the 18th-century origins of judicial independence. He outlines the progression of judicial power from its English origins, as an extension of royal authority, to its current formulation as an independent and coequal branch of government.