U.S. Constitution

What would an Anti-Federalist Constitution look like? Because we view the Constitution through the lens of the Federalists who came to control the narrative, we tend to forget those who opposed its ratification. And yet the Anti-Federalist arguments, so critical to an understanding of the Constitution's origins and meaning, resonate throughout American history. By reconstructing these arguments and tracing their development through the ratification debates, Michael J. Faber presents an alternative perspective on constitutional history. Telling, in a sense, the other side of the story of the Constitution, his book offers key insights into the ideas that helped to form the nation's founding document and that continue to inform American politics and public life. Faber identifies three distinct strands of political thought that eventually came together in a clear and coherent Anti-Federalism position: (1) the individual and the potential for governmental tyranny; (2) power, specifically the states as defenders of the people; and (3) democratic principles and popular sovereignty. After clarifying and elaborating these separate strands of thought and analyzing a well-known proponent of each, Faber goes on to tell the story of the resistance to the Constitution, focusing on ideas but also following and explaining events and strategies. Finally, he produces a "counterfactual" Anti-Federalist Constitution, summing up the Anti-Federalist position as it might have emerged had the opposition drafted the document. How would such a constitution have worked in practice? A close consideration reveals the legacy of the Anti-Federalists in early American history, in the US Constitution and its role in the nation's political life.

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The Constitution is one of the most revered documents in American politics. Yet this is a document that regularly places in the White House candidates who did not in fact get a majority of the popular vote. It gives Wyoming the same number of votes as California, which has seventy times the population of the Cowboy State. And it offers the President the power to overrule both houses of Congress on legislation he disagrees with on political grounds. Is this a recipe for a republic that reflects the needs and wants of today's Americans? Taking a hard look at our much-venerated Constitution, Sanford Levinson here argues that too many of its provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today. Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values.

28 minutes
"The ratification battle still echoes in American politics--Luther Martin published and spoke vehemently against the U.S. Constitution. The Bill of Rights was a concession to opponents and not favored by many famous Founders. The U.S. Constitution has become more democratic and thus upends the original intention of the framers, but does it still primarily protect white elites?"

99 minutes
"Since the U.S. Constitution was ratified in 1788, it has been amended 27 times, always by the same method outlined in Article V of the document: by winning approval of two-thirds of each chamber of Congress and three-fourths of the states. But Article V allows for another method to revise the Constitution that bypasses Congress: by winning approval of two-thirds of state legislatures to call a convention and approve amendments, and then gaining the support of three-fourths of the states. Some argue that this alternative method would overcome congressional gridlock and restore power to the people. But others argue that it could unleash chaos and extremism that might undermine the republic. Should the states call a convention to amend the Constitution?"

64 minutes
"In commemoration of Constitution Day, constitutional law and history professor Michael J. Klarman of Harvard Law School discussed his book, a comprehensive history of how the framers drafted and ratified the U.S. Constitution despite their clashing interests."

"Letters of marque" might suggest privateers of the Elizabethan era or the American Revolution. But such conventions are duly covered in the US Constitution, and the private military instruments they sanction are very much at work today in the form of mercenaries and military contractors. A history of such practices up to the present day, Marque and Reprisal by Kenneth B. Moss offers unique insight into the role of private actors in military conflicts and the reason they are increasingly deployed in our day. Along with an overview of mercenaries and privateers, Marque and Reprisal provides a comprehensive history of the "marque and reprisal" clause in the US Constitution, reminding us that it is not as arcane as it seems and arguing that it is not a license for all forms of undeclared war. Within this historical context Moss explains why governments and states have sought control over warfare and actors--and why private actors have reappeared in force in recent conflicts. He also looks ahead to the likelihood that cyberwar will become an important venue for "private warfare." Moss wonders if international law will be up to the challenges of private military actors in the digital realm. Is international law, in fact, equipped to meet the challenges increasingly presented in our day by such extramilitary activity? A government makes no more serious decision than whether to resort to military force and war; and when doing so, Moss suggests, it should ensure that such actions are accountable, not on the sly, and not decided in the marketplace. Marque and Reprisal should inform future deliberations and decisions on that count.

Chapter 5 - 26:57 - 30:16
"Benjamin Franklin, known for his inventions and role as a founding father, also played a significant role in the American Revolution as a leader of privateers. These privateers, legally licensed by the government, captured British ships and prisoners, contributing to the American war effort. Franklin's involvement aimed to secure the release of American prisoners held by the British. This lesser-known aspect of Franklin's life highlights his effectiveness in combat situations and raises questions about the contributions of other Founding Fathers, such as Thomas Jefferson."
10 Things You Don't Know About, Season 2, Episode 3, The Founding Fathers (New York, NY: A&E Television Networks, 2013), 44 mins

"This article is a guided inquiry into past and present uses of war powers. From the Constitutional framers' intent through Thomas Jefferson's adaptation to modern presidents' implementation, students extract meaning from the best available evidence. Evocative primary sources-some of which are contemporaneous to modern readers-and engaging secondary sources ground the inquiry. Discipline-specific scaffolding directs students to assemble a reasoned, informed, civic-minded conclusion, which they communicate to distinct audiences."
Bickford, J. H., & Hendrickson, R. C. (2021). The Constitution, Jefferson’s War on Pirates, and Trump’s Strikes on Suleimani1: Historical and Modern Applications of the Commander-in-Chief’s War Power. Social Studies (Philadelphia, Pa : 1934), 112(5), 263–269. https://doi.org/10.1080/00377996.2021.1911918

"One of the features of the Marshall Court’s business that emphasizes the contrast between that Court and its modern counterpart is the attention given to piracy cases. Piracy, defined as the unauthorized deprivation of property on the high seas, has disappeared from the present Court’s docket, and virtually disappeared as a crime; but from 1815 to 1823, piracy cases were among the most numerous and controversial of those decided by the Court."
White, G. E. (1989). The Marshall Court and International Law: The Piracy Cases. The American Journal of International Law, 83(4), 727–735. https://doi.org/10.2307/2203360

Covers the people, court cases, historical events, and terms relating to one of the most studied political documents in schools across the country, the United States Constitution.

identifies major cases dealing with constitutional issues.

Home Box Office, 2017, 48 minutes
"The Declaration of Independence, The U.S. Constitution and The Bill of Rights represent much more than the words used by America’s Founding Fathers to define a fragile, nascent country. They’re the living, breathing realization of America’s democratic ideal, the bedrock of a society that its people have built over nearly two-and-a-half centuries, and they provide a blueprint that is, was and will be a template for democracy around the world.To celebrate these iconic documents on our nation’s birthday, HBO presents a 45-minute special, directed by Alexandra Pelosi and narrated by David McCullough (John Adams), in which dozens of Americans – from actors and media personalities, to politicians, lawmakers and presidents, to schoolchildren whose future is being shaped by our shared past – read the three founding documents that define our outlook on life, liberty and the pursuit of happiness."