Thursday, December 12, 2013

Government Power and the Civil War

How did attitudes about the power of the federal government change during the Civil War?
How did the behavior of the federal government change?
Was Abraham Lincoln's behavior consistent with "traditional" views of the relationship between the government and individuals?

Source: Thomas A. Bailey and David M. Kennedy, eds., The American Spirit: United States History as Seen by Contemporaries (Boston, 1998) p. 445

The most notorious [Copperhead, or Northern Democrat] was Clement L. Vallandigham, an eloquent and outspoken critic of this “wicked and cruel” war. He regarded it as a diabolical attempt to end slavery and inaugurate a Republican despotism. Convicted by a military tribunal in Cincinnati of treasonable utterances, he was banished by Lincoln to the Confederacy. After a short stay, he made his way by ship to Canada. From there he ran for the governorship of Ohio in 1863, and though defeated, polled a heavy vote. Some two months before his arrest in 1863, he delivered this flaming speech in New York to a Democratic group.

            …. [The Habeas Corpus Act] authorizes the President whom the people made, whom the people had chosen by the ballot box under the constitution and the laws, to suspend the writ of habeas corpus all over the United States; to say that because there is a rebellion in South Carolina, a man shall not have the freedom of speech, freedom of press, or any of his rights untrammeled  in the state of New York, or a thousand miles distant….
            Was it this which you were promised in 1860, in that grand [Lincoln] “Wide Awake” campaign, when banners were borne through the streets inscribed “Free speech, free press, and free men?” And all this has been accomplished, so far as the forms of law go, by the Congress that has just expired. Now I repeat again that if there is anything wanting to make up a complete and absolute despotism, as iron and inexorable in its character as the worst despotisms of the old world, or the most detestable of modern times, … I am unable to comprehend what it is ….
            Our fathers did not inaugurate the Revolution of 1776, they did not endure the sufferings and privations of a seven years’ war to escape from the mild and moderate control of a constitutional monarchy like that of England, to be at last, in the third generation, subjected to a tyranny equal to that of any upon the face of the globe.

1) Read the passage aloud to each other (alternate paragraphs)
 2) Identify terms or events you do not understand
 3) Is Vallandigham’s speech patriotic or treasonable?
4) What would Thomas Jefferson think about this speech?

  
In August of 1863, shortly after the Battle of Gettysburg, President Lincoln visited the battlefield to speak at a funeral for the soldiers who died there. Below is the full text of his “Gettysburg Address.”

            Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty and dedicated to the proposition that all men are created equal.
            Now we are engaged in a great civil war, testing whether that nation or any nation so conceived and so dedicated, can long endure. We are met on a great battlefield of that war. We have come to dedicate a portion of that field, as a final resting place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this.
            But, in a larger sense, we can not dedicate – we can not consecrate – we can not hallow – this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have this far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us – that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion – that we here highly resolve that these dead shall not have died in vain – that this nation, under God, shall have a new birth of freedom – and that government of the people, by the people, for the people, shall not perish from the earth.

1) Read the passage aloud to each other (alternate paragraphs
2) Identify terms or events you do not understand
 3) what principles underlie Lincoln’s address?
 4) What would Thomas Jefferson think about this speech?

Friday, November 29, 2013

Role play debate on slavery

This exercise requires moderate research from each participant.

*What were the arguments for and against the federal regulation of slavery in the United States in 1845?
* Beyond their racist character, did any arguments against federal regulation have merit?
* Are there any problems with the arguments for federal regulation?


Slavery was the single most divisive institution in United States history. Because it lay at the center of the American economic, political, social and moral life, the existence of slavery provoked emotional and even violent arguments. Some leaders sought compromise in an attempt to avoid the destruction of the union, but others did not believe that the nation was the most important consideration.

 In your next full essay, you will assume the role of a prominent American of the antebellum period. You will research "your" person and argue, as that person, whether the United States federal government should prohibit slavery. In your essay, you will pretend to be the person assigned to you. Your position must be based as closely as possible on the position your person would have taken. Use your imagination, but base your position on the facts. Remember to consider economic, moral, political and constitutional questions, as appropriate for the person you are playing.

The year is 1845

Essays must be 2-3 pages long, and must rely on independent research. Encyclopedias – including Wikipedia -- are acceptable sources, but your argument must build from information that goes beyond mere biography. Find information, including quotations, that indicates the position your character would take. Each paper must include careful references for all information, and should include a bibliography. For the purposes of this paper, students MUST employ endnotes. The proper format for endnotes can be found in the term paper manual you purchased for this course.                 


On the day your essay is due, we will have a "panel discussion" in which each of you will have a minimum of two minutes and a maximum of three minutes to state your positions orally. Once we have allowed each person to speak, will we conduct an informal debate, while remaining in role.

ROLES:
Lucretia Mott
William Lloyd Garrison
Charles Sumner
Sojourner Truth
Frederick Douglass
Stephen A. Douglas
Daniel Webster
Henry Clay
Abraham Lincoln
John C. Calhoun
Jefferson Davis
Roger Taney
Alexander H. Stephens

Thursday, July 18, 2013

Cherokee Removal, the Cotton Economy and Federal Responsibility

·         Did the approach of “immediatist” abolitionists reflect a reasonable solution to the problem of slavery? (Unit-wide)
·         To what extent were the moral imperatives declared by abolitionists applicable to the problem of Indian Removal policy?
·         To what extent did economic motives drive federal government policies toward the Cherokee?
·         How did attitudes about race influence this federal policy and its opponents?

·         Were President Jackson’s policies toward the Cherokee consistent with the principles of “Jacksonianism”?

Lecture (15 min) on the Panic of 1819, the Missouri Compromise and the rise of the Democratic Party
Students read aloud in threes (15 min) document excerpts from Jackson, Herring, Speckled Snake, Marshall, the Anti-slavery Society, Webster, Christy.
Students write short answers, in threes (20 min)
                1) define any words you don’t know
                2) Was the Cherokee Removal consistent with the broader Jacksonian agenda? Explain.
                3) What would be the economic impact of these policies? (Choose one or two specific items.)
                4) What ethical principles underlie these statements? Do the writers share any common principles? Identify one specific quotation reflecting these principles.
                5) Do any of these statements reflect irreconcilable differences with the statements of others? Identify specific quotations reflecting these differences.

Converse (15 min) results, questions, complaints
Students write, individually (25 min) One paragraph: Did the Jackson Administration behave responsibly when it put into place its Indian removal policy? Consider the proper role of the federal government and the impact of the policy on as many parties as possible.

1) from Andrew Jackson's second annual message to Congress, December 6, 1830
                It gives me great pleasure to announce to Congress that the benevolent policy of the Government. . . in relation to the removal of the Indians beyond the white settlements is approaching a happy conclusion. . . . Toward the aborigines of the country no one can indulge a more friendly feeling than myself, or would go further in attempting to reclaim them from their wandering habits and make them happy, generous people.
                Humanity has often wept over the fate of the aborigines of this country, and Philanthropy has long busily employed the means to avert it, but its progress has never for a moment been arrested, and one by one many powerful tribes have disappeared from the earth. To follow to the tomb the last of this race and to tread on the graves of extinct nations excites melancholy reflections. But true philanthropy reconciles the mind to these vicissitudes as it does the extinction of one generation to make room for another. . . . Philanthropy could not wish to see this continent restored to the condition in which it was found by our forefathers. What good man would prefer a country covered with forests and ranged by a few thousand savages to our extensive Republic, studded with cities, towns and prosperous farms?
2) Report of the Commissioner of Indian Affairs Ebert Herring, November 19, 1831
The humane policy, exemplified in the system adopted by this government with respect to the Indian tribes residing within the limits of the United States, which is now in operation, is progressively developing its good effects; and, it is confidently trusted, will at no distant day be crowned with complete success. Gradually diminishing in numbers and deteriorating in condition; incapable of coping with the superior intelligence of the white man; ready to fall into the vices, but unapt to appropriate the benefits of the social state; the increasing tide of the white population threatened soon to engulf them, and finally to cause their total destruction. . . . [The solution to this problem] exists in the system of removal; of settlement in territories of their own, and under the protection of the United States; connected with the benign influences of education and instruction of agriculture and the several mechanic arts, whereby social is distinguished from savage life.
3) Response to a message from President Jackson concerning Indian removal by Speckled Snake (Cherokee), 1830
Brothers! We have heard the talk of our great father; it is very kind. He says he loves his red children. Brothers! When the white man first came to these shores, the Muscogees gave him land, and kindled him a fire to make him comfortable; and when the pale faces of the south made war on him, their young men drew the tomahawk and protected his head from the scalping knife. But when the white man had warmed himself by our fire, and filled himself with our hominy, he became very large; he stopped not for the mountain tops, and his feet covered the plains and the valleys. . . Then he became our Great Father. He loved his little red children, but said "You must move a little farther, lest, by accident, I should tread on you." With one foot he pushed the red man over the Oconee, and with the other he trampled down the graves of his fathers. But our great father still loved his red children, and he soon made them another talk. He said much; but it all meant nothing but "move a little farther; you are too near to me."
4) John Marshall for the Court in Cherokee Nation v. Georgia  1831
If courts were permitted to indulge their sympathies, a case better calculated to excite them can hardly be imagined. A people, once powerful, numerous and truly independent, found by our ancestors in the quiet and uncontrolled possession of an ample domain. . . have yielded their lands, by successive treaties, each of which contains a solemn guarantee of the residue, until they retain no more of their formerly extensive territory than is deemed necessary to their comfortable subsistence. . . .
                [However], if it be true that the Cherokee nation have rights, this is not the tribunal in which those rights can be asserted. If it be true, that wrongs have been inflicted, and that still greater are to be apprehended, this is not the tribunal which can redress the past or prevent the future. The motion for an injunction is denied.
5) In 1833, William Lloyd Garrison and Theodore Dwight Weld form the Anti-slavery Society. Below are excerpts from the Manifesto of that group.
                We further maintain that no man has the right to enslave or imbrute his brother – to hold or acknowledge him, for one moment, as a piece of merchandise … or to brutalize his mind by denying him the means of intellectual, social, and moral improvement.     
                The right to enjoy liberty is inalienable. To invade it is to usurp the prerogative of Jehovah. Every man has a right to his own body – to the products of his own labor – to the protection of law … It is piracy to buy or steal a native African and subject him to servitude. Surely, the sin is as great to enslave an American as an African.
                Therefore we believe and affirm that there is no difference, in principle, between the African slave trade and American slavery;
                That the slave ought instantly to be set free and brought under the protection of law …
                That all those laws which are now in force admitting the right of slavery are, therefore, before God, utterly null and void …
                We maintain that no compensation should be given to the planters emancipating their slaves:
                Because it would be a surrender of the great fundamental principle that man cannot hold property in man ….
                Because immediate and general emancipation would destroy only nominal, not real, property; it would not amputate a limb or break a bone of slaves, but, by infusing motives into their breasts, would make them doubly valuable to the masters as free laborers….
                We regard as delusive, cruel, and dangerous and cruel any scheme of expatriation [to Liberia, Africa] which pretends to aid, either directly or indirectly, in the emancipation of the slaves, or to be a substitute for the immediate and total abolition of slaves.



6) In 1850, Daniel Webster, in support of the Compromise of 1850, wrote the following as assessment of immediatists
                Then, sir, there are the abolition societies, of which I am unwilling to speak, but in regard to which I have very clear notions and opinions. I do not think them useful. I think their operations for the last twenty years have produced nothing good or valuable…
                I do not mean to impute gross motives even to the leaders of these societies, but I am not blind to the consequences. I cannot but see what mischiefs their interference with the South has produced.
                And is it not plain to every man? Let any gentleman who doubts of that recur to the debates in the Virginia House of Delegates in 1832, and he will see with what freedom a proposition made by Mr. Randolph for the gradual abolition of slavery was discussed in that body. Everyone spoke of slavery as he thought; very ignominious and disparaging names and epithets were applied to it….
                That was 1832 …. These abolition societies commenced their course of action in 1835. It is said – I do not know how true it may be – that they sent incendiary publications to the slave states. At any event, they attempted to arouse, and did arouse, a very strong feeling. In other words, they created great agitation in the North against Southern slavery.
                Well, what was the result? The bonds of slaves were bound more firmly than before; their rivets were more strongly fastened. Public opinion, which in Virginia had begun to be exhibited against slavery, and was opening out for the discussion of the question, drew back and shut itself up in a castle.
                I wish to know whether anyone in Virginia can, now, openly talk as Mr. Randolph, Gov. McDowell, and others talked there, openly, and sent their remarks to the press, in 1832.

7) from David Christy, Cotton is King or, Slavery in the Light of Political Economy (1860)

The author would here repeat, then, that the main object he had in view, in the preparation of Cotton is King, was to convince the abolitionists of the utter failure of their plans, and that the policy they had adopted was productive of results, the opposite of what they wished to effect;—that British and American abolitionists, in destroying tropical cultivation by emancipation in the West Indies, and opposing its promotion in Africa by Colonization, had given to slavery in the United States its prosperity and its power;—that the institution was no longer to be controlled by moral or physical force, but had become wholly subject to the laws of Political Economy … [Abolitionists] had not discovered the secret of [slavery’s] power; and, therefore, its locks remained unshorn, its strength unabated. The institution advanced as triumphantly as if no opposition existed. The planters were progressing steadily in
securing to themselves the monopoly of the cotton markets of Europe, and in extending the area of slavery at home. In the same year that Gerritt Smith declared for abolition, the title of the Indians to fifty-five millions of acres of land, in the slave States, was extinguished, and the tribes removed. The year that colonization [of slaves back to Africa] was depressed to the lowest point, the exports of cotton, from the United States, amounted to 595,952,297 lbs., and the consumption of the article in England, to 477,206,108 lbs… In 1800, the West Indies exported 17,000,000 lbs. of cotton, and the United States, 17,789,803 lbs. They were then about equally productive in that article. In 1810, the West India exports had dwindled down to 427,529 lbs., while those of the United States had increased to 743,911,061 lbs.

Saturday, April 6, 2013

Inviting Construction of a Foreign Policy Perspective


What should US foreign policy priorities be?

write (5 min) rank the following “foreign policy priorities,” with 1 being highest priority

protecting the human rights of people from other countries
protecting the lives of people from other countries
preventing war
protecting US economic interests
protecting the lives of US citizens
protecting the rights of US citizens
aiding world economic development
protecting the world’s environment
acquiring land or other resources for the US

line up (3 min) those who ranked “protecting US economic interests” highest, stand on the left side of the room, those who ranked it lowest stand on the right

pairs (2 min) with most disparate people together, talking about choices in this priority
 ONE PERSON TALKS -- no interruptions,interjections or questions --  30 seconds, SWITCH

line up (3 min)  on the question of “preventing war”

pairs (2 min) with most disparate people together, talking about choices in this priority
                                    ONE PERSON TALKS FOR 30 seconds, SWITCH

line up (3 min) on the question of “acquiring land”

pairs (2 min) with most disparate people together, talking about choices in this priority
                                    ONE PERSON TALKS FOR 30 seconds, SWITCH

 line up (3 min) on the question of "aiding world economic development"

pairs (2 min) with most disparate people together, talking about choices in this priority
                                    ONE PERSON TALKS FOR 30 seconds, SWITCH

line up (3 min) on the question of "protecting the human rights of people from other countries"

pairs (2 min) with most disparate people together, talking about choices in this priority
                                    ONE PERSON TALKS FOR 30 seconds, SWITCH


converse (15 min) what’s the answer?
                                    How should these priorities be determined?

Thursday, March 21, 2013

Mock Trial: Korematsu v. United States

Does the United States government have the legitimate power to detain people it deems, unilaterally, to threaten national security?


In the early years of the US involvement in the Second World War, the United States government feared an attack on American shores from the Japanese. Although no Japanese-American was ever indicted or convicted of espionage or treason, the American military feared that the presence of this “enemy race” could bring immediate danger to the West Coast, which was within range of Japanese air strikes.

            In February 1942, two months after Pearl Harbor, President Roosevelt issued executive orders, later made law by Congress, authorizing the Secretary of War to designate military areas from which anyone who posed a threat to the US military operations or to national security could be excluded, and creating a branch of the executive responsible for removing and relocating such people. Prior to relocation, people of Japanese descent were subject to a curfew from 8 p.m. to 6 a.m.

            More than 100,000 Japanese-Americans, most of whom were born in the United States, were interned ender these executive orders.

In 1943, in the case of Hirabayashi v. United States, the United States Supreme Court upheld parts of those executive orders.

In 1942, rather than be interned, Fred Korematsu, who was an American born citizen of the United States, moved out of his home town, changed his name, underwent some facial surgery, and claimed to be a Mexican-American. Korematsu had attempted to join the US Army early in 1941, but had been turned down because of poor health, and so went to work in the defense industry.

When he was found in a restricted area (still working in a munitions factory) in
1942,  he was arrested and sentenced to five years in prison. He was then paroled and interned in Arizona.

            Korematsu appealed his conviction in 1943, and the case reached the Supreme Court in 1944.

            Your assignment is to hear Korematsu’s appeal as the Supreme Court of the United States. Rely on your judgement, your knowledge of the Constitution, and the upon the precedent in Hirabayashi.

It is expected that attorneys and witnesses will supplement these basic facts with research on the circumstances surrounding the internment of Japanese-Americans. All outside research must be properly cited, using footnote format. AT LEAST ONE SOURCE CITED HERE MUST BE A BOOK OTHER THAN A REFERENCE WORK. Attorneys’ papers missing this research will not be accepted.


Roles
attorneys for United States: (2)
attorneys for Korematsu:(2)
Judges:     
Fred Korematsu
General DeWitt           

Due on the day of the trial
For attorneys: A two-page essay arguing your case. You must argue for or against the constitutionality of the executive orders and the ensuing laws. Assume that Korematsu broke the law – he does not contest that question – argue whether the law can stand. This paper may serve as the basis for your opening statements in class. Some outside research on the circumstances of the case will be necessary
For witnesses: A two-page essay in the form of an “affidavit,” explaining your position. You need not argue over the constitutionality of the law, just describe and explain your behavior.

Due the class meeting after the trial
For Justices: A one paragraph response declaring your opinion in the matter. Present your decision and explain how you came to it.

Procedures:
Meet with your group to review the caseOpening arguments. Attorneys must present a three-minute minimum argument before the court.
questioning of Korematsu (appellant first)
questioning of DeWitt (respondent first)
closing arguments
Justices deliberate

Each student will earn an essay (for the written work) and an oral presentation
grade (for in-class work).

Tuesday, March 19, 2013

Negative and Positive Liberty in American Discourse

What do Americans mean when they talk about "liberty"  or "freedom"?

lecture (10 min) on Isaiah Berlin's definitions of liberty (from "Two Concepts of Liberty")

NEGATIVE LIBERTY: freedom from restriction
“What is the area within which the subject – a person or group of persons –  is or should be left to do or be what he is able to do or be, without interference by other persons?”
POSITIVE LIBERTY: freedom to do
"What, or who, is the source of control or interference that can determine someone to do, or be, this rather than that?” 

show (15 min) quotations; students write in notebooks whether quotations represents positive or negative liberty

THOMAS JEFFERSON: We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

ABRAHAM LINCOLN: It is rather for us to be here dedicated to the great task remaining before us -- that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion -- that we here highly resolve that these dead shall not have died in vain -- that this nation, under God, shall have a new birth of freedom -- and that government of the people, by the people, for the people, shall not perish from the earth.

FRANKLIN DELANO ROOSEVELT: The first is freedom of speech and expression -- everywhere in the world. The second is freedom of every person to worship God in his own way -- everywhere in the world. the third is freedom from want -- which, translated into world terms, means economic understandings which will secure to every nation a healthy peacetime life for its inhabitants -- everywhere in the world. The fourth is freedom from fear -- which, translated into world terms, means a world-wide reduction of armaments to such a point and in such a thorough fashion that no nation will be in a position to commit an act of physical aggression against any neighbor-- anywhere in the world.

JOHN F. KENNEDY:  In the long history of the world, only a few generations have been granted the role of defending freedom in its hour of maximum danger. I do not shrink from this responsibility—I welcome it. I do not believe that any of us would exchange places with any other people or any other generation. The energy, the faith, the devotion which we bring to this endeavor will light our country and all who serve it—and the glow from that fire can truly light the world. And so, my fellow Americans: ask not what your country can do for you—ask what you can do for your country.

LYNDON BAINES JOHNSON: The “Great Society” rests on abundance and liberty for all. It demands an end to poverty and racial injustice, to which we are totally committed in out time. But that is just the beginning. The “Great Society” is a place where every child can find knowledge to enrich his mind and to enlarge his talents. It is a place where leisure is a welcome chance to build and reflect, not a feared cause of boredom and restlessness. It is a place where the city of man serves not only the needs of the body and the demands of commerce but the desire for beauty and the hunger for community. It is a place where man can renew contact with nature. It is a place which honors creation for its own sake and for what is adds to the understanding of the race. It is a place where men are more concerned with the quality of their goals than the quantity of their goods. But most of all, the “Great Society” is not a safe harbor, a resting place, a final objective, a finished work. It is a challenge constantly renewed, beckoning us toward a destiny where the meaning of our lives matches the marvelous products of our labor.

discuss (10 min) answers -- is there a trend? Are there changes over time?

converse (10 min)  do you prefer one or more of these forms or liberty? Can we have Johnson's and Jefferson's at the same time?

 



Friday, March 15, 2013

The Great War and the State

In times of crisis, does government tend to lose sight of the public good, or is government even more important?

students read (5 min) excerpts from Randolph Bourne, "War is the Health of the State"


From the first draft of an essay, "The State", which was left unfinished by Bourne at the time of his death. Found at www.bigeye.com/warstate.htm

In times of peace, we usually ignore the State in favour of partisan political controversies, or personal struggles for office, or the pursuit of party policies. It is the Government rather than the State with which the politically minded are concerned. The State is reduced to a shadowy emblem which comes to consciousness only on occasions of patriotic holiday…

If your own party is in power, things may be assumed to be moving safely enough; but if the opposition is in, then clearly all safety and honor have fled the State. Yet you do not put it to yourself in quite that way. What you think is only that there are rascals to be turned out of a very practical machinery of offices and functions which you take for granted.

In a republic the men who hold office are indistinguishable from the mass. Very few of them possess the slightest personal dignity with which they could endow their political role; even if they ever thought of such a thing. And they have no class distinction to give them glamour. In a republic the Government is obeyed grumblingly, because it has no bedazzlements or sanctities to gild it. If you are a good old-fashioned democrat, you rejoice at this fact, you glory in the plainness of a system where every citizen has become a king. If you are more sophisticated you bemoan the passing of dignity and honor from affairs of State. But in practice, the democrat does not in the least treat his elected citizen with the respect due to a king, nor does the sophisticated citizen pay tribute to the dignity even when he finds it. The republican State has almost no trappings to appeal to the common man's emotions. What it has are of military origin, and in an unmilitary era … even military trappings have been scarcely seen. In such an era the sense of the State almost fades out of the consciousness of men.

With the shock of war, however, the State comes into its own again. The Government, with no mandate from the people, without consultation of the people, conducts all the negotiations, the backing and filling, the menaces and explanations, which slowly bring it into collision with some other Government, and gently and irresistibly slides the country into war. For the benefit of proud and haughty citizens, it is fortified with a list of the intolerable insults which have been hurled toward us by the other nations; for the benefit of the liberal and beneficent, it has a convincing set of moral purposes which our going to war will achieve; for the ambitious and aggressive classes, it can gently whisper of a bigger role in the destiny of the world. The result is that, even in those countries where the business of declaring war is theoretically in the hands of representatives of the people, no legislature has ever been known to decline the request of an Executive, which has conducted all foreign affairs in utter privacy and irresponsibility, that it order the nation into battle.

The moment war is declared, however, the mass of the people, through some spiritual alchemy, become convinced that they have willed and executed the deed themselves. They then, with the exception of a few malcontents, proceed to allow themselves to be regimented, coerced, deranged in all the environments of their lives, and turned into a solid manufactory of destruction toward whatever other people may have, in the appointed scheme of things, come within the range of the Government's disapprobation. The citizen throws off his contempt and indifference to Government, identifies himself with its purposes, revives all his military memories and symbols, and the State once more walks, an august presence, through the imaginations of men. Patriotism becomes the dominant feeling, and produces immediately that intense and hopeless confusion between the relations which the individual bears and should bear toward the society of which he is a part.


in groups of three (10 min) summarize Bourne's piece and choose three phrases or clauses that represent its central ideas

discuss (10 min) what is the meaning of the title of the piece? Does Bourne believe that the state's tendencies in times of crisis are good or bad for most people? How does republican government change in times of crisis?

students read (2 min) Espionage Act

SEC. 3. Whoever, when the United States is at war shall wilfully cause . . . or incite . . . insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States, or shall wilfully obstruct . . . the recruiting or enlistment service of the United States, and whoever, when the United States is at war, shall wilfully utter, print, write, or publish any disloyal, profane, scurrilous, or abusive language about the form of government of the United States, or the Constitution of the United States, or the military or naval forces of the United States, or the flag . . . or the uniform of the Army or Navy of the United States, or any language intended to bring the form of government . . . or the Constitution . . . or the military or naval forces . . . or the flag . . . of the United States into contempt, scorn, contumely, or disrepute . . . or shall wilfully display the flag of any foreign enemy, or shall wilfully . . . urge, incite, or advocate any curtailment of production in this country of any thing or things . . . necessary or essential to the prosecution of the war . . . and whoever shall wilfully advocate, teach, defend, or suggest the doing of any of the acts or things in this section enumerated and whoever shall by word or act support or favor the cause of any country with which the United States is at war or by word or act oppose the cause of the United States therein, shall be punished by a fine of not more than $10,000 or imprisonment for not more than twenty years, or both....


discuss (5 min) what does this act do?

converse (10 min) Do you approve of the Espionage Act? Are government actions like this one necessary in times of war? Are they consistent with the aims of the United States constitution?
                                         

Monday, March 11, 2013

Mock Trial: Schenck v. United States (1919)

Before the Great War, labor unions, led by the International Workers of the World (IWW, or Wobblies) began to adopt tactics and strategies that went beyond staging strikes. They also contested and opposed the whole US system of government, and called for the overthrow of American capitalism. Their immediate actions still centered on protest of industrial working conditions, but their stated goals were different. One result was the federal government responded with repressive measures.
            In 1913 in Colorado, the most dramatic case of this conflict occurred when state militia, backed by the federal government, attacked and killed several dozen striking coal miners.
            The federal government’s response included the “Palmer Raids,” led by the attorney general of the time, A. Mitchell Palmer. (see below)
             In 1918, Charles Schenck, General Secretary of the Socialist Party in the United States, was arrested by the federal government for violating the Espionage Act of 1917. He had written and distributed 15,000 copies of a pamphlet (below), and also had used the US mail to send it to two draftees in particular. Schenck was convicted and sentenced to prison under the terms of the law.
            In 1919, the United States Supreme Court agreed to hear Schenck’s appeal of his conviction. Schenck argued that his arrest and conviction violated his First Amendment right to free expression. He did not deny that he wrote or distributed the pamphlet, nor that doing so violated the law, but that the law itself was unconstitutional, and that he could not therefore be held. The government argued that, in time of war, it had the power and the responsibility to hold people it considered dangerous.

            Your job is to consider the constitutionality of this law, as the Supreme Court did in 1919. It is expected that attorneys and witnesses will supplement these basic facts with research on the  circumstances surrounding the case. All outside research must be properly cited, using CMS footnote format. AT LEAST ONE SOURCE CITED HERE MUST BE A BOOK OTHER THAN A REFERENCE WORK. 



Roles
attorneys for United States:     two students                               
attorneys for Schenck: two students
judges         
Charles Schenck:                                     
Atty General Palmer:                             

Due on the day of the trial
For attorneys: A two-page essay arguing your case. You must argue for or against the constitutionality of the executive orders and the ensuing laws. Assume that Schenck broke the law – he does not contest that question – argue whether the law can stand. This paper may serve as the basis for your opening statements in class. Some outside research on the circumstances of the case will be necessary
For witnesses: A two-page essay in the form of an “affidavit,” explaining your position. You need not argue over the constitutionality of the law, just describe and explain your behavior.

Due the class meeting after the trial
For Justices: A one-page essay declaring your opinion in the matter. Present your decision and explain how you came to it.

Procedures:
8:15-8:30    Meet with your group to review the case
8:30 – 8:40      Opening arguments. Attorneys must present a three-minute minimum argument before the court.
8:40 – 8:55 (maximum)  questioning of Schenck (appellant first)
8:55 – 9:10 (maximum)  questioning of Palmer (respondent first)
9:10 – 9:15      closing arguments
9:15 – 9:35      Justices deliberate


            
“Assert Your Rights,” Charles Schenck (1919) -- the pamphlet for which Schenck was convicted

The Socialist Party says that any individual or officers of the law intrusted with the administration of conscription regulations violate the provisions of the United States Constitution, the supreme law of the land, when they refuse to recognize your right to assert your opposition to the draft.
In exempting clergymen and members of the Society of Friends (popularly called Quakers) from active military service the examination boards have discriminated against you.
If you do not assert and support your rights you are helping to "deny or disparage rights" which it is the solemn duty of all citizens and residents of the United States to retain.
In lending tacit or silent consent to the conscription law, in neglecting to assert your rights, you are (whether knowingly or not) helping to condone and support a most infamous and insidious conspiracy to abridge and destroy the sacred and cherished rights of a free people. You are a citizen: not a subject! You delegate your power to the officers of the law to be used for your good and welfare, not against you.
They are your servants; not your masters. Their wages come from the expenses of government which you pay. Will you allow them to unjustly rule you?
No power was delegated to send our citizens away to foreign shores to shoot up the people of other lands, no matter what may be their internal or international disputes.
To draw this country into the horrors of the present war in Europe, to force the youth of our land into the shambles and bloody trenches of war crazy nations, would be a crime the magnitude of which defies description. Words could not express the condemnation such cold-blooded ruthlessness deserves.
Will you stand idly by and see the Moloch of Militarism reach forth across the sea and fasten its tentacles upon this continent? Are you willing to submit to the degradation of having the Constitution of the United States treated as a "mere scrap of paper"?
No specious or plausible pleas about a "war for democracy" can becloud the issue. Democracy can not be shot into a nation. It must come spontaneously and purely from within.
Democracy must come through liberal education. Upholders of military ideas are unfit teachers.
To advocate the persecution of other peoples through the prosecution of war is an insult to every good and wholesome American tradition.
You are responsible. You must do your share to maintain, support, and uphold the rights of the people of this country.
In this world crisis where do you stand? Are you with the forces of liberty and light or war and darkness?

 “The Case Against the Reds” Atorney General Palmer (1920)
Like a prairie-fire, the blaze of revolution was sweeping over every American institution of law and order a year ago. It was eating its way into the homes of the American workmen, its sharp tongues of revolutionary heat were licking the altars of the churches, leaping into the belfry of the school bell, crawling into the sacred corners of American homes, seeking to replace marriage vows with libertine laws, burning up the foundations of society.
Robbery, not war, is the ideal of communism. This has been demonstrated in Russia, Germany, and in America. As a foe, the anarchist is fearless of his own life, for his creed is a fanaticism that admits no respect of any other creed. Obviously it is the creed of any criminal mind, which reasons always from motives impossible to clean thought. Crime is the degenerate factor in society.
Upon these two basic certainties, first that the "Reds" were criminal aliens and secondly that the American Government must prevent crime, it was decided that there could be no nice distinctions drawn between the theoretical ideals of the radicals and their actual violations of our national laws. An assassin may have brilliant intellectuality, he may be able to excuse his murder or robbery with fine oratory, but any theory which excuses crime is not wanted in America. This is no place for the criminal to flourish, nor will he do so so long as the rights of common citizenship can be exerted to prevent him.

OUR GOVERNMENT IN JEOPARDY
It has always been plain to me that when American citizens unite upon any national issue they are generally right, but it is sometimes difficult to make the issue clear to them. If the Department of Justice could succeed in attracting the attention of our optimistic citizens to the issue of internal revolution in this country, we felt sure there would be no revolution. The Government was in jeopardy; our private information of what was being done by the organization known as the Communist Party of America, with headquarters in Chicago, of what was being done by the Communist Internationale under their manifesto planned at Moscow last March by Trotzky, Lenin and others addressed "To the Proletariats of All Countries," of what strides the Communist Labor Party was making, removed all doubt. In this conclusion we did not ignore the definite standards of personal liberty, of free speech, which is the very temperament and heart of the people. The evidence was examined with the utmost care, with a personal leaning toward freedom of thought and word on all questions.
The whole mass of evidence, accumulated from all parts of the country, was scrupulously scanned, not merely for the written or spoken differences of viewpoint as to the Government of the United States, but, in spite of these things, to see if the hostile declarations might not be sincere in their announced motive to improve our social order. There was no hope of such a thing.
By stealing, murder and lies, Bolshevism has looted Russia not only of its material strength but of its moral force. A small clique of outcasts from the East Side of New York has attempted this, with what success we all know. Because a disreputable alien, Leon Bronstein, the man who now calls himself Trotzky, can inaugurate a reign of terror from his throne room in the Kremlin, because this lowest of all types known to New York can sleep in the Czar's bed, while hundreds of thousands in Russia are without food or shelter, should Americans be swayed by such doctrines?
Such a question, it would seem, should receive but one answer from America.
My information showed that communism in this country was an organization of thousands of aliens who were direct allies of Trotzky. Aliens of the same misshapen caste of mind and indecencies of character, and it showed that they were making the same glittering promises of lawlessness, of criminal autocracy to Americans, that they had made to the Russian peasants. How the Department of Justice discovered upwards of 60,000 of these organized agitators of the Trotzky doctrine in the United States is the confidential information upon which the Government is now sweeping the nation clean of such alien filth.

Columbus and US History textbooks

By what standards do historians choose information?
How should readers of history examine the information presented to them?
How should we understand Christopher Columbus? Should he be considered a hero? Is it important for high school school students to know who he was?

previous night's assignment: read Howard Zinn, A People's History of the United States Chapter 1 (or at least the first nine pages)

students write: (5 min) In three sentences or less, answer the following question:
                        Who was Christopher Columbus and what did he do? 

converse: (10 min) on what students wrote. How were the answers influenced by Zinn's account? What did they know previously? What did they think of the Zinn account?

students read and write, in groups of three (15 minutes)
    Consider the treatment of Columbus in your textbook. Answer the following in notebook:
                        What comes before and after the section on Columbus?
                        How many pages are devoted to Columbus?
                        What subtitles are used?
                        Are there pictures? What do they convey or imply?

Discussion (10 minutes)  How important was Columbus according to your textbook?
                        Why was he important?

Converse (5 min) How good is the textbook's treatment? Better or worse than Zinn?