LECTURE 2: THE MAKING OF THE AMERICAN CONSTITUTION Procedures: Show the slides/pictures of the Statue of Liberty, the poem by Emma Lazarus, and the figures about the Statue – to illustrate the deep-rooted meaning of freedom and democracy in the country; The cartoon of Clinton Memorial Hall – an sound example of democracy, and freedom of speech that American people enjoy, so as to usher the research of the making of the Constitution which provides the freedom and democracy American people enjoy; The slide(s) of Making of the Constitution The branches of government – an immediate example of the working of the Constitution; People who influenced the ideology of American Founding Fathers Thomas Hobbes (1588~1679) Major points: State of Nature Law of Nature Other Laws of Nature self-serving draw language an unlimited political power nature of human from/follow Dutch to punish any violation of politician Hugo Grotius “contracts” (peace) human won’t do self- this unlimited political power destructive thing is the state, the government John Locke (1632~1704) Very radical, “unpopular” of his time for some of his ideas , but now we have experienced and the time has proved his prophetic concepts: no person or family has been chosen by God to rule a country; government should only operate with the consent of the people they are governing (peaceful beginnings of government have been laid in the consent of the people – historically reasoned); governments are formed to protect the right to life to freedom to property democracy: true democracy means the ability to remove a government without violence, to punish political failure or misjudgment by votes alone. The art of politics is the minimization of unhappiness, or avoidable suffering; once the law is humbled, all else that is valuable in a civilized society will vanish, … with terrifying speed. Charles de Moutesquieu (1689~1755) declaring in favor of separating the executive, legislative and judicial power; toleration in religious belief, and freedom of worship; he believes religious belief has its advantages for civic life, far from a conflict between religion and society, he insists the one is useful to the other; “something” he says “must be fixed and permanent, and religion is that something.” He says the interests of religion and that of the state “should go hand in hand”. Jean-Jacque Rosseau (1712~1778) what is government: An intermediate body set up between the subjects and the Sovereign, to secure their mutual correspondence, charged with the execution of the laws and the maintenance of liberty, both civil and political; a good government: … the government under which, without external aids, without naturalization or colonizing, the citizens increase and multiply most, is beyond question the best. FOUR IMPORTANT FIGURES among the Founding Fathers of America James Madison (1751~1836) 4th president, outlived all other founding fathers, political sensibility and power of visualizing a democratic central government based on the ideas of philosophers and politicians of Europe. (He also helped in founding of University of Virginia) Alexander Hamilton (1755~1804) Governmental mechanism for managing the national economy ($100 bill bearing his portrait and signature); he served as the first financial Minister of the States, being credited for his prophetic vision of US as a global power. Thomas Jefferson (1743~1826) 3rd president capturing the hearts of American people emotionally for his belief in the people, the individual ability of human kind to realize virtuous ideals. What is more, he penned the Declaration of Independence, and glorious figure in diplomatic arts. (helped the founding of University of Virginia) John Jay (1745~1829) First chief justice of America Jay Treaty helped avert war with Britain. Benjamin Franklin (1706~1790) worked for the draft of Declaration of Independence among other contributions in science politics, and education (helped to found the University of Pennsylvania) George Washington (1732~1799) 1st president John Adams (1735~1826) 2nd president Statue of Liberty History The Statue of Liberty National Monument officially celebrated her 100th birthday on October 28, 1986. The people of France gave the Statue to the people of the United States over one hundred years ago in recognition of the friendship established during the American Revolution. Over the years, the Statue of Liberty has grown to include freedom and democracy as well as this international friendship. Sculptor Frederic Auguste Bartholdi was commissioned to design a sculpture with the year 1876 in mind for completion, to commemorate the centennial of the American Declaration of Independence. The Statue was a joint effort between America and France and it was agreed upon that the American people were to build the pedestal, and the French people were responsible for the Statue and its assembly here in the United States. However, lack of funds was a problem on both sides of the Atlantic Ocean. In France, public fees, various forms of entertainment, and a lottery were among the methods used to raise funds. In the United States, benefit theatricalevents, art exhibitions, auctions and prize fights assisted in providing needed funds. Meanwhile in France, Bartholdi required the assistance of an engineer to address structural issues associated with designing such as colossal copper sculpture. Alexandre Gustave Eiffel (designer of the Eiffel Tower) was commissioned to design the massive iron pylon and secondary skeletal framework which allows the Statue's copper skin to move independently yet stand upright. Back in America, fund raising for the pedestal was going particularly slowly, so Joseph Pulitzer (noted for the Pulitzer Prize) opened up the editorial pages of his newspaper, "The World" to support the fund raising effort. Pulitzer used his newspaper to criticize both the rich who had failed to finance the pedestal construction and the middle class who were content to rely upon the wealthy to provide the funds. Pulitzer's campaign of harsh criticism was successful in motivating the people of America to donate. Financing for the pedestal was completed in August 1885, and pedestal construction was finished in April of 1886. The Statue was completed in France in July, 1884 and arrived in New York Harbor in June of 1885 on board the French frigate "Isere" which transported the Statue of Liberty from France to the United States. In transit, the Statue was reduced to 350 individual pieces and packed in 214 crates. The Statue was re-assembled on her new pedestal in four months time. On October 28th 1886, the dedication of the Statue of Liberty took place in front of thousands of spectators. She was a centennial gift ten years late. The story of the Statue of Liberty and her island has been one of change. The Statue was placed upon a granite pedestal inside the courtyard of the star-shaped walls of Fort Wood (which had been completed for the War of 1812.) The United States Lighthouse Board had responsibility for the operation of the Statue of Liberty until 1901. After 1901, the care and operation of the Statue was placed under the War Department. A Presidential Proclamation declared Fort Wood (and the Statue of Liberty within it) a National Monument on October 15th, 1924 and the monument's boundary was set at the outer edge of Fort Wood. In 1933, the care and administration of the National Monument was transferred to the National Park Service. On September 8, 1937, jurisdiction was enlarged to encompass all of Bedloe's Island and in 1956, the island's name was changed to Liberty Island. On May 11, 1965, Ellis Island was also transferred to the National Park Service and became part of the Statue of Liberty National Monument. In May of 1982, President Ronald Reagan appointed Lee Iacocca to head up a private sector effort to restore the Statue of Liberty. Fundraising began for the $87 million restoration under a public/private partnership between the National Park Service and the Statue of Liberty-Ellis Island Foundation, Inc., to date the most successful such partnership in American history. In 1984, at the start of the Statue's restoration, the United Nations designated the Statue of Liberty as a World Heritage Site. On July 5, 1986 the newly restored Statue re-opened to the public during Liberty Weekend, which celebrated her centennial. Ellis Island History From 1892 to 1954, over twelve million immigrants entered the United States through the portal of Ellis Island, a small island in New York Harbor. Ellis Island is located in the upper bay just off the New Jersey coast, within the shadow of the Statue of Liberty. Through the years, this gateway to the new world was enlarged from its original 3.3 acres to 27.5 acres mostly by landfill obtained from ship ballast and possibly excess earth from the construction of the New York City subway system. Before being designated as the site of one of the first Federal immigration station by President Benjamin Harrison in 1890, Ellis Island had a varied history. The local Indian tribes had called it "Kioshk" or Gull Island. Due to its rich and abundant oyster beds and plentiful and profitable shad runs, it was known as Oyster Island for many generations during the Dutch and English colonial periods. By the time Samuel Ellis became the island's last private owner in the 1770's, the island had been called Kioshk, Oyster, Dyre, Bucking and Anderson's Island. In this way, Ellis Island developed from a sandy island that barely rose above the high tide mark, into a hanging site for pirates, a harbor fort, ammunition and ordinance depot named Fort Gibson, and finally into an immigration station. From 1794 to 1890 (pre-immigration station period), Ellis Island played a mostly uneventful but still important military role in United States history. When the British occupied New York City during the duration of the Revolutionary War, its large and powerful naval fleet was able to sail unimpeded directly into New York Harbor. Therefore, it was deemed critical by the United States Government that a series of coastal fortifications in New York Harbor be constructed just prior to the War of 1812. After much legal haggling over ownership of the island, the Federal government purchased Ellis Island from New York State in 1808. Ellis Island was approved as a site for fortifications and on it was constructed a parapet for three tiers of circular guns, making the island part of the new harbor defense system that included Castle Clinton at the Battery, Castle Williams on Governor's Island, Fort Wood on Bedloe's Island and two earthworks forts at the entrance to New York Harbor at the Verrazano Narrows. The fort at Ellis Island was named Fort Gibson in honor of a brave officer killed during the War of 1812. Prior to 1890, the individual states (rather than the Federal government) regulated immigration into the United States. Castle Garden in the Battery (originally known as Castle Clinton) served as the New York State immigration station from 1855 to 1890 and approximately eight million immigrants, mostly from Northern and Western Europe, passed through its doors. These early immigrants came from nations such as England, Ireland, Germany and the Scandinavian countries and constituted the first large wave of immigrants that settled and populated the United States. Throughout the 1800's and intensifying in the latter half of the 19th century, ensuing political instability, restrictive religious laws and deteriorating economic conditions in Europe began to fuel the largest mass human migration in the history of the world. It soon became apparent that Castle Garden was ill-equipped and unprepared to handle the growing numbers of immigrants arriving yearly. Unfortunately compounding the problems of the small facility were the corruption and incompetence found to be commonplace at Castle Garden. The Federal government intervened and constructed a new Federally-operated immigration station on Ellis Island. While the new immigration station on Ellis Island was under construction, the Barge Office at the Battery was used for the processing of immigrants. The new large structure on Ellis Island was built of "Georgia pine" with a slate roof and its doors opened on January 1, 1892. A fifteen year-old lass from Ireland named Annie Moore accompanied by her two brothers entered history and a new country as she was the very first immigrant to be processed at Ellis Island. Millions more were soon to follow. While there were many reasons to emigrate to America, no reason could be found for what would occur only five years after the Ellis Island Immigration Station opened. During the evening of June 14, 1897, a fire on Ellis Island, burned the immigration station completely to the ground. Although no lives were lost, many years of Federal and State immigration records dating back to 1855 burned along with the pine buildings that failed to protect them. The United States Treasury quickly ordered the immigration facility be replaced under one very important condition. All future structures built on Ellis Island had to be fireproof. On December 17, 1900, the new Main Building was opened and 2,251 immigrants were received that day. While most immigrants entered the United States through New York Harbor (the most popular destination of steamship companies), others sailed into many ports such as Boston, San Francisco and Savannah. The great steamship companies like White Star, Red Star, Cunard and Hamburg-America played a significant role in the history of Ellis Island and immigration in general. First and second class passengers who arrived in New York Harbor were not required to undergo the inspection process at Ellis Island. Instead, these passengers underwent a cursory inspection aboard ship; the theory being that if a person could afford to purchase a first or second class ticket, they were less likely to become a public charge in America due to medical or legal reasons. The Federal government felt that these more affluent passengers would not end up in institutions, hospitals or become a burden to the state. However, first and second class passengers were sent to Ellis Island for further inspection if they were sick or had legal problems. This scenario was far different for "steerage" or third class passengers. These immigrants traveled in crowded and often unsanitary conditions near the bottom of steamships with few amenities, oftenspending up to two weeks seasick in their bunks during rough Atlantic Ocean crossings. Upon arrival in New York City, ships would dock at the Hudson or East River piers. First and second class passengers would disembark, pass through Customs at the piers and were free to enter the United States. The steerage and third class passengers were transported from the pier by ferry or barge to Ellis Island where everyone would undergo a medical and legal inspection. If the immigrant's papers were in order and they were in reasonably good health, the Ellis Island inspection process would last approximately three to five hours. The inspections took place in the Registry Room (or Great Hall), where doctors would briefly scan every immigrant for obvious physical ailments. Doctors at Ellis Island soon became very adept at conducting these "six second physicals." By 1916, it was said that a doctor could identify numerous medical conditions (ranging from anemia to goiters to varicose veins) just by glancing at an immigrant. The ship's manifest log (that had been filled out back at the port of embarkation) contained the immigrant's name and his/her answers to twenty-nine questions. This document was used by the legal inspectors at Ellis Island to cross examine the immigrant during the legal (or primary) inspection. The two agencies responsible for processing immigrants at Ellis Island were the United States Public Health Service and the United States Bureau of Immigration (now known as the Immigration and Naturalization Service - INS). Despite the island's reputation as an "Island of Tears", the vast majority of immigrants were treated courteously and respectfully, and were free to begin their new lives in America after only a few short hours on Ellis Island. Only two percent of the arriving immigrants were excluded from entry. The two main reasons why an immigrant would be excluded were if a doctor diagnosed that the immigrant had a contagious disease that would endanger the public health or if a legal inspector thought the immigrant was likely to become a public charge or an illegal contract laborer. During the early 1900's, immigration officials mistakenly thought that the peak wave of immigration had already passed. Actually, immigration was on the rise and in 1907, more people immigrated to the United States than any other year; approximately 1.25 million immigrants were processed at Ellis Island in that one year. Consequently, masons and carpenters were constantly struggling to enlarge and build new facilities to accommodate this greater than anticipated influx of new immigrants. Hospital buildings, dormitories, contagious disease wards and kitchens were all were feverishly constructed between 1900 and 1915. As the United States entered World War I, immigration to the United States decreased. Numerous suspected enemy aliens throughout the United States were brought to Ellis Island undercustody. Between 1918 and 1919, detained suspected enemy aliens were transferred from Ellis Island to other locations in order for the United States Navy with the Army Medical Department to take over the island complex for the duration of the war. During this time, regular inspection of arriving immigrants was conducted on board ship or at the docks. At the end of World War I, a big "Red Scare" spread across America and thousands of suspected alien radicals were interred at Ellis Island. Hundreds were later deported based upon the principal of guilt by association with any organizations advocating revolution against the Federal government. In 1920, Ellis Island reopened as an immigration receiving station and 225,206 immigrants were processed that year. From the very beginning of the mass migration that spanned the years (roughly) 1880 to 1924, an increasingly vociferous group of politicians and nativists demanded increased restrictions on immigration. Laws and regulations such as the Chinese Exclusion Act, the Alien Contract Labor Law and the institution of a literacy test barely stemmed this flood tide of new immigrants. Actually, the death knell for Ellis Island, as a major entry point for new immigrants, began to toll in 1921. It reached a crescendo between 1921 with the passage of the Quota Laws and 1924 with the passage of the National Origins Act. These restrictions were based upon a percentage system according to the number of ethnic groups already living in the United States as per the 1890 and 1910 Census. It was an attempt to preserve the ethnic flavor of the "old immigrants", those earlier settlers primarily from Northern and Western Europe. The perception existed that the newly arriving immigrants mostly from southern and eastern Europe were somehow inferior to those who arrived earlier. After World War I, the United States began to emerge as a potential world power. United States embassies were established in countries all over the world, and prospective immigrants now applied for their visas at American consulates in their countries of origin. The necessary paperwork was completed at the consulate and a medical inspection was also conducted there. After 1924, the only people who were detained at Ellis Island were those who had problems with their paperwork, as well as war refugees and displaced persons. Ellis Island still remained open for many years and served a multitude of purposes. During World War II, enemy merchant seamen were detained in the baggage and dormitory building. The United States Coast Guard also trained about 60,000 servicemen there. In 1954 the last detainee, a Norwegian merchant seaman named Arne Peterssen was released, and Ellis Island officially closed. In 1965, President Lyndon Johnson declared Ellis Island part of the Statue of Liberty National Monument. Ellis Island was opened to the public on a limited basis between 1976 and 1984. Starting in 1984, Ellis Island underwent a major restoration, the largest historic restoration in U.S. history. The $162 million dollar project was funded by donations made to the Statue of Liberty - Ellis Island Foundation, Inc. in partnership with the National Park Service. The Main Building was reopened to the public on September 10, 1990 as the Ellis Island Immigration Museum. Today, the museum receives almost 2 million visitors annually. Scope of Collection Statement The National Park Service (NPS) acquires, preserves, and uses objects, documents and specimens as primary sources of cultural and scientific information and as primary resources in and of themselves. By delegation of the Secretary of the Interior, the park superintendent is authorized to accept title to and responsibility for museum collections clearly significant to the Park. In addition, archeological materials and certain natural history specimens retrieved from within the park boundaries are mandated by regulation and policy to be part of the Park's museum collection. The scope of the Park's museum collection is determined by the mission of the park as stated in the enabling legislation, subsequent legislation, planning documents and its history. NPS policy permits and encourages the acquisition of museum objects through gift, loan, exchange, transfer, purchase or field collection in accordance with established procedures and policies. The Scope of Collection Statement is the basic curatorial planning document required by NPS Management Policies for all parks. It serves to guide the Park in the acquisition and preservation of museum objects that contribute directly to the museum collection as a whole, the understanding and interpretation of the Park's themes and additional objects that the NPS is legally mandated to preserve. The Scope of Collection Statement is reviewed and revised whenever changes in conditions or Congressional legislation clearly alter the mission of the Park or the nature of the museum collections. The Ellis Island Oral History Program The Ellis Island Oral History Project, based at the Ellis Island Immigration Museum, is the oldest and largest oral history project dedicated to preserving the first-hand recollections of immigrants coming to America during the years Ellis Island was in operation: 1892-1954. Begun in 1973 by National Park Service employee Margo Nash, the Project has grown over the years to include over 1500 interviews. Each interview includes an extensive examination of everyday life in the country of origin, family history, reasons for coming to America, the journey to the port, experiences on the ship, arrival and processing at the Ellis Island facility and an in-depth look at the adjustment to living in the United States. The present full-time and volunteer staff adds over one hundred interviews per year to the collection. All interviews are available as tapes and transcripts to researchers and interested members of the public. The exhibits in the museum rely heavily on quoted oral history material, as does the Museum's film created by Charles Guggenheim. Interviews from the Oral History Project have been used extensively in the United States and Europe for television and film documentaries, radio broadcasts, books, creative artworks and theatrical presentations. Interviewees are chosen by the Project staff in a number of ways. The most common and useful method is called the "Oral History Form," a simple two page questionnaire distributed at the museum and through the mail to interested parties. This form asks for an abbreviated immigration history of the potential interviewee with a space to include any other interesting stories or anecdotes. The Project staff, upon receiving the completed form in the mail, decides if the person would be a good interviewee. Other methods of locating interviewees include the cooperation of ethnic societies and community organizations, newspaper and magazine coverage of the Project, public appearances by the staff and word of mouth. Once chosen, the interviewee is given the option of coming to the Ellis Island Immigration Museum to be interviewed at the recording studio established by the Hearst Foundation or to have a member of the Project staff visit their home using portable recording equipment. The running time of most interviews is approximately one hour. Each interviewee is given their own copy of the interview on a standard audio cassette as a way of showing our appreciation for their time and effort. The interviews are eventually transcribed. Interviews are now added to a computer database that can be accessed in the Library at the Ellis Island Immigration Museum. The interviews include people from dozens of countries, as well as former Ellis Island and Statue of Liberty employees, people stationed in the military on both islands and former island residents who were children at the time because a family member was an employee in some capacity. Interviewees presently live in most states in the continental United States as well as several foreign countries. Most interviewees are in their late eighties, the oldest to date being 106 and the youngest being 46. INTELLECTUAL HERITAGES John Locke (1632.8.29~1704.10.28) The 17th century English philosopher John Locke developed theories of empiricism that emphasized the role of human experience in the pursuit of knowledge and truth. Many of Locke’s political theories influenced the authors of the Constitution of the United States. Thomas Hobbes (1588.4.5~1679.12.4）English political philosopher and is best known for his treatise Leviathan. Written during the mid-17th century amidst the tumult of the English evolution, Leviathan outlines Hobbes’s theory of sovereignty (political authority). Charles de Montesquieu The Spirit of the Laws, 1748 Montesquieu, [Charles de Secondat, Baron de Montesquieu (1689~1755)], was an influential French enlightenment political thinker. His Spirit of the Laws is his best known work. It is in this work that he explains his theory of separation of powers and checks and balances, ideas which powerfully influenced the American constitution.?? In every government there are three sorts of power; the legislative; the executive, in respect to things dependent on the law of nations; and the executive, in regard to things that depend on the civil law. By virtue of the first, the prince or magistrate enacts temporary or perpetual laws, and amends or abrogates those that have been already enacted. By the second, he makes peace or war, sends or receives embassies; establishes the public security, and provides against invasions. By the third, he punishes criminals, or determines the disputes that arise between individuals. The latter we shall call the judiciary power, and the other simply the executive power of the state. The political liberty of the subject is a tranquility of mind, arising from the opinion each person has of his safety. In order to have this liberty, it is requisite the government be so constituted as one man need not be afraid of` another. When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may anse, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. Again, there is no liberty, if the power of judging be not separated from the legislative and executive powers. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control, for the judge would then be the legislator. Were it joined to the executive power, the judge might behave with all the violence of an oppressor. There would be an end of every thing were the same man, or the same body, whether of the nobles or of the people to exercise those three powers that of enacting laws, that of executing the public resolutions, and that of judging the crimes or differences of individuals. Most kingdoms in Europe enjoy a moderate government, because the prince, who is invested with the two first powers, leaves the third to his subjects. In Turkey, where these three powers are united in the sultan's person the subjects groan under the weight of a most frightful oppression. In the republics of Italy, where these three powers are united, there is less liberty than in our monarchies. Hence their government is obliged to have recourse to as violent methods for its support, as even that of the Turks witness the state inquisitors, and the lion's mouth into which every informer may at all hours throw his written accusations. What a situation must the poor subject be in, under those republics! The same body of magistrates are possessed, as executors of the laws, of the whole power they have given themselves in quality of legislators. They may plunder the state by their general determinations; and as they have likewise the judiciary power in their hands, every private citizen may be ruined by their particular decisions. The whole power is here united in one body; and though there is no external pomp that indicates a despotic sway, yet the people feel the effects of it every moment. Hence it is that many of the princes of Europe, whose aim has been leveled at arbitrary power, have constantly set out with uniting in their own persons, all the branches of magistracy, and all the great offices of state. From Montesquieu, The Spirit of the Laws, translated by Thomas Nugent, (London: J. Nourse, 1777) Jean-Jacques Rousseau English political philosopher and is best known for his treatise Leviathan. Written during the mid-17th century amidst the tumult of the English evolution, Leviathan outlines Hobbes’s theory of sovereignty (political authority). Jean-Jacques Rousseau Jean-Jacques Rousseau was born on June 28, 1712 in Geneva, Switzerland. His mother died shortly after his birth. When Rousseau was 10 his father fled from Geneva to avoid imprisonment for a minor offense, leaving young Jean-Jacques to be raised by an aunt and uncle. Rousseau left Geneva at 16, wandering from place to place, finally moving to Paris in 1742. He earned his living during this period, working as everything from footman to assistant to an ambassador. Rousseau's profound insight can be found in almost every trace of modern philosophy today. Somewhat complicated and ambiguous, Rousseau's general philosophy tried to grasp an emotional and passionate side of man which he felt was left out of most previous philosophical thinking. In his early writing, Rousseau contended that man is essentially good, a "noble savage" when in the "state of nature" (the state of all the other animals, and the condition man was in before the creation of civilization and society), and that good people are made unhappy and corrupted by their experiences in society. He viewed society as "artificial" and "corrupt" and that the furthering of society results in the continuing unhappiness of man. Rousseau's essay, "Discourse on the Arts and Sciences" (1750), argued that the advancement of art and science had not been beneficial to mankind. He proposed that the progress of knowledge had made governments more powerful, and crushed individual liberty. He concluded that material progress had actually undermined the possibility of sincere friendship, replacing it with jealousy, fear and suspicion. Perhaps Rousseau's most important work is "The Social Contract" that describes the relationship of man with society. Contrary to his earlier work, Rousseau claimed that the state of nature is brutish condition without law or morality, and that there are good men only a result of society's presence. In the state of nature, man is prone to be in frequent competition with his fellow men. Because he can be more successful facing threats by joining with other men, he has the impetus to do so. He joins together with his fellow men to form the collective human presence known as "society." "The Social Contract" is the "compact" agreed to among men that sets the conditions for membership in society. Rousseau was one of the first modern writers to seriously attack the institution of private property, and therefore is considered a forebear of modern socialism and Communism. Rousseau also questioned the assumption that the will of the majority is always correct. He argued that the goal of government should be to secure freedom, equality, and justice for all within the state, regardless of the will of the majority. One of the primary principles of Rousseau's political philosophy is that politics and morality should not be separated. When a state fails to act in a moral fashion, it ceases to function in the proper manner and ceases to exert genuine authority over the individual. The second important principle is freedom, which the state is created to preserve. Rousseau's ideas about education have profoundly influenced modern educational theory. He minimizes the importance of book learning, and recommends that a child's emotions should be educated before his reason. He placed a special emphasis on learning by experience. JAMES MADISON James Madison, (1751-1836), 4th PRESIDENT OF THE UNITED STATES. Although he served eight years each as a member of the U.S. House of Representatives, as secretary of state, and as president, Madison's principal contribution to the founding of the United States was as "Father of the Constitution." He played the leading role in formulating the U.S. CONSTITUTION, and he was its leading defender and interpreter for 50 years. To a preeminent degree he combined scholarship, a keen intelligence, commitment to republican government, and a realistic understanding of politics in a way that allowed him again and again to move from an idea or a conception to a plan or a policy or a law. Madison's place among the Founding Fathers reveals the essential qualities of his public career. Not gifted with WASHINGTON's imposing presence or instinctive judiciousness, he was more articulate and more creative than the first president. He lacked Franklin's breadth of interest, infectious wit, and unique diplomatic style, but he more profoundly understood the problems of government. John ADAMS was more learned and more cognizant of the intractable, tragic dilemmas of human life, but Madison was more skilled at fashioning institutions likely to cope in some way with those dilemmas. JEFFERSON had a superior vision of the potential for life under republican government, a greater capacity for leadership, and a special gift for the memorable phrase, but Madison had a more subtle and incisive political sense. Finally, though Hamilton was more brilliant in argument and more adept at offering comprehensive plans, Madison was more faithful to republican principles and more aware of the constraints that human need and diversity should place on the designs of the nation's leaders. Although Madison was small and unimpressive physically, he had bright blue eyes, a quiet strength of character, and a lively, humorous way in small groups that made him a welcome and influential colleague in many endeavors. He had some serious illnesses, many bouts of a probably nervous disorder that left him exhausted and prostrate after periods of severe strain, and a hypochondriac tendency to "fear the worst" from sickness. Nevertheless, he lived a long, healthy life free from the common scourges of his day and was capable of sustained, rigorous labors that would have overwhelmed many men who seemingly were more robust. He thoroughly enjoyed both public life and the respites he always needed from it on his farm in Orange county, Va. In fact, his physical and psychic well-being seemed to depend on the satisfying balance he attained in this way. Evolution of U.S. Political Thought and U.S. Founding Documents In 1215 the Magna Carta challenged the right of kings and established the concept of individual rights. Forest related matters were omitted in latter issues of the Magna Carta and reinstated by The Charter of the Forest in 1217, early in the reign of Henry III, as a supplement to Magna Carta. It was confirmed by him in 1225. The Confirmation Cartarum of 1297 reaffirmed that the Magna Carta may be pleaded as the Common Law before a court. The Iroquois Constitution was the first known political agreement among peoples of the "New World." According to researchers, it originated somewhere between 1390 and 1500 AD. The Mayflower Compact of 1620 was the first political agreement among the English settlers of the New World. As the colonies multiplied, confederations of colonies or companies established Public States or Commonwealths with documents like the Fundamental Orders of 1639, which defines the Laws, Rules, Orders and Decrees of colonies in the vicinity of the River of Connectecotte. Of course the English Bill of Rights, John Locke, Edward Coke and many other authors influenced Thomas Paine and the founders, but their works are not yet available here. The Report to King George by Edmond Burke described Americans as too well informed, suspicious and stubborn to be easily be fooled or bribed, unlike Americans since the widespread availability of government (AKA Public) schools. To bridge the gap between suspended English law and the first Continental Congress were the Articles of Association and the Charlotte Town Resolves were established in Mecklenburg County, North Carolina on May 31, 1775. The Declaration and Resolves of the first Continental Congress delineated colonial complaints about the behaviour of England. On 6 July 1775 the Second Continental Congress described in the Declaration of The Causes and Necessity of Taking Up Arms the historical relationship between England American colonies and its eleven-year decline concluding with the skirmishes at Lexington and Concord, and the rationale for resisting English regulations with force. Adopted unanimously 12 June 1776 by the Virginia Convention of Delegates, the Virginia Declaration was the precursor for the 4 July 1776, Declaration of Independence, which declared the inherent right to life, liberty and property of each individual and their independence from England. On 15 November 1777, the colonies agreed on the Articles of Confederation, which established a lose confederation of sovereign states. The Paris Peace Treaty was enacted in 1783. Defects in the Articles of Confederation were addressed in the Annapolis Convention in the State of Maryland, which lead to a Constitutional Convention on 14 September 1786. On July 13, 1787, the Northwest Ordinance was enacted. With his "On The Faults of The Constitution" speech, Benjamin Franklin convinced the Constitutional Convention of 1787 to set aside their doubts and differences and adopt the Constitution for the United States (how to get accurate copy). On September 17, 1787 the letter of transmittal of the Constitution to the States was issued. The Federalists and Anti-Federalists debated the merits of a federal government in a series of newspaper articles known as the Federalist Papers and the Anti-Federalist Papers. (These are being linked so you can experience the dialog.) Alexander Hamilton appealed for ratification at the Constiutional Convention of New York,. On June 6, 1788, James Madision appealed for ratification at the Virginia Constitutional Convention. The Federalists won the argument, and the Constitution was ratified conditional upon the inclusion of a Bill of Rights. The original first and second amendments authored by James Madison were not among the first ten ratified. Subsequent amendments generally usurped the constitutional intent of the founders, particularly the 16th and 17th. Two 13th amendments proceeded the current one. One proposed by Abraham Lincoln proposed non-intervention with slavery in the southern states. The other was ratified but was replaced by the current Amendment. Many Federalists argued that a Bill of Rights was superfluous, because the Constitution defined what the federal government could do. All else was prohibited. They feared that a Bill of Rights would eventually be construed as rights granted by the federal government to individuals, i.e. civil rights rather than inherent rights, and the Constitution would no longer be construed as limiting. ...They were correct. Politicized supreme court justices ignored the Constitution or perverted its interpretation, and allowed the federal government to grow well beyond its Constitutional limits and compromise our inherent rights as delineated in the Bill of Rights. Note: There are copy of all the mentioned documents available for reference for students or whoever interested in the topic. LECTURE REFERENCE: Gitelson, Dudley, Dubnick, American Government Boston: Houghton Mifflin Company 1988 Datesman, M. K JoAnn, C. Kearny, E. The American Ways 北京：世界图书出版社， 1999.3 Thilly, F. A History of Philosophy Henry Holt and Company， 1926 Kolak, D. Lovers of Wisdom: An Introduction to Philosophy with Integrated Readings 北京大学西学影印丛书， 北京：北大出版社， 2002年8月 http://www.constitution.org/ http://www.nara.gov/charters/constitution/conqa.html After-Class Assignments Challenge Your Mind: What do you think is the most important role of a government? In the United States, what is the relationship between the president and Congress? Who had more power? How do you understand the slogan ”Check & Balance” ? briefing the heritages of Americans. Read and Compare: How is the governing power structured in China? Compare the best/worst thing about political system in America and in China. What are the heritages we Chinese have in use in the political system? Compared with that of the American heritages, do you see any similarities and differences? Reading Assignment for the next lecture: Chapter 5-8 of the America part, concentrating on the social movements and education.