WELCOME

The Constitution & Civil The Constitution & Civil Liberties Liberties

CREC TEACHING AMERICAN HISTORY – 2011CREC TEACHING AMERICAN HISTORY – 2011

NOV. 9 SPECIAL PROGRAM: NOV. 9 SPECIAL PROGRAM: LEGISLATIVE OFFICE BUILDINGLEGISLATIVE OFFICE BUILDING

6:00 PM“CIVIL

LIBERTIES & THE CIVIL WAR

IN CONNECTICUT

SUPREME CT JUSTICES JOHN FINN

MATT WARSHAUER

Today: THE CONSTITUTION, CIVIL LIBERTIES AND Today: THE CONSTITUTION, CIVIL LIBERTIES AND THE CIVIL WAR IN CONNECTICUT THE CIVIL WAR IN CONNECTICUT

MATT WARSHAUER CCSU SALLY NYHAN

GUIDING QUESTIONS: GUIDING QUESTIONS: CONTENTCONTENT

• HOW IMPORTANT WERE CIVIL LIBERTIES TO THE HOW IMPORTANT WERE CIVIL LIBERTIES TO THE CONSTITUTION’S FRAMERS?CONSTITUTION’S FRAMERS?

• WHOSE RIGHTS ARE MORE IMPORTANT; THE WHOSE RIGHTS ARE MORE IMPORTANT; THE RIGHTS OF THE MAJORITY, OR THE RIGHTS OF RIGHTS OF THE MAJORITY, OR THE RIGHTS OF THE INDIVIDUAL?THE INDIVIDUAL?

• HOW HAS OUR UNDERSTANDING OF CIVIL HOW HAS OUR UNDERSTANDING OF CIVIL LIBERTIES CHANGED OVER TIME? LIBERTIES CHANGED OVER TIME?

• WHOSE CIVIL LIBERTIES ARE PROTECTED BY THE WHOSE CIVIL LIBERTIES ARE PROTECTED BY THE CONSTITUTION? WHOSE ARE NOT? CONSTITUTION? WHOSE ARE NOT?

• UNDER WHAT CONDITIONS CAN OR SHOULD UNDER WHAT CONDITIONS CAN OR SHOULD CIVIL LIBERTIES BE DISPENSED WITH? CIVIL LIBERTIES BE DISPENSED WITH?

GUIDING QUESTIONS: GUIDING QUESTIONS: METHODMETHOD

• WHAT MAKES AN EFFECTIVE DOCUMENT WHAT MAKES AN EFFECTIVE DOCUMENT BASED QUESTION?BASED QUESTION?

• HOW DO WE DEVELOP EFFECTIVE DBQS?HOW DO WE DEVELOP EFFECTIVE DBQS?

• HOW DO WE HELP OUR STUDENTS ENGAGE HOW DO WE HELP OUR STUDENTS ENGAGE AND MASTER DBQ ASSESSMENT?AND MASTER DBQ ASSESSMENT?

• WHAT WOULD A DBQ BASED APPROACH TO WHAT WOULD A DBQ BASED APPROACH TO TEACHING THE CONSTITUTION AND CIVIL TEACHING THE CONSTITUTION AND CIVIL LIBERTIES LOOK LIKE? LIBERTIES LOOK LIKE?

• HOW DO WE DEVELOP STUDENT-FRIENDLY HOW DO WE DEVELOP STUDENT-FRIENDLY DBQ’S THAT FOCUS ON CRITICAL ASPECTS OF DBQ’S THAT FOCUS ON CRITICAL ASPECTS OF THE CIVIL LIBERTIES/CONSTITUTIONAL THE CIVIL LIBERTIES/CONSTITUTIONAL DEBATE?DEBATE?

But First!!!: BILL OF RIGHTS, ALIEN AND But First!!!: BILL OF RIGHTS, ALIEN AND SEDITION ACTSSEDITION ACTS

JOHN E FINN –WESLEYAN UNIV MIKE BREEN

ContextContextAlien and Sedition Acts Alien and Sedition Acts

In 1789, the United States

of America Was A Vast,

Disorganized, & Largely

Divided Third World Nation

The New federal government Government The New federal government Government Was untested Was untested

JOHN E FINN –WESLEYAN UNIV MIKE BREEN

Ratification produced political Parties Ratification produced political Parties

JOHN E FINN –WESLEYAN UNIV MIKE BREEN

BILL OF RIGHTS – may 4- August 25, 1780 BILL OF RIGHTS – may 4- August 25, 1780

JOHN E FINN –WESLEYAN UNIV MIKE BREEN

The French Revolution– June 17, 1789 The French Revolution– June 17, 1789

BRITISH FREETHINKERS EMIGRATE TO BRITISH FREETHINKERS EMIGRATE TO AMERICA - SUPPORT FRENCH REVOLUTIONAMERICA - SUPPORT FRENCH REVOLUTION

1795-6 JAY TREATY – SEEN By 1795-6 JAY TREATY – SEEN By RePUBLICANS AS A CONCESSSION TO RePUBLICANS AS A CONCESSSION TO

BRITAINBRITAIN

JOHN E FINN –WESLEYAN UNIV MIKE BREEN

1796 Split Election – ADAMS JEFFERSON 1796 Split Election – ADAMS JEFFERSON INCREASED POLITICAL HOSTILITY INCREASED POLITICAL HOSTILITY

1798 XYZ AFFAIR CONVINCED FEDERALISTS 1798 XYZ AFFAIR CONVINCED FEDERALISTS OF THREAT TO NATIONAL SECURITY OF THREAT TO NATIONAL SECURITY

REP. MATTHEW LYON AND FED. ROGER GRISWOLD REP. MATTHEW LYON AND FED. ROGER GRISWOLD Battle on the Floor of COngress Battle on the Floor of COngress

JUNE 1798, B F BACHE JUNE 1798, B F BACHE INDICTED FOR SEDITIOUS LIBEL INDICTED FOR SEDITIOUS LIBEL

CHARGED with “libeling the President & the Executive Government, in a manner tending to excite sedition, and opposition to the laws, by sundry publications and republications.

JULY 14, 1798 JULY 14, 1798

ALIEN AND SEDITION ACTS ALIEN AND SEDITION ACTS

HOW MANY DIFFERENT LAWS

COMRISED THE ALIEN AND SEDITION

ACTS?`

41. NATURALIZATION

ACT: citizenship in 14 years instead of 5

2. ALIEN FRIENDS ACT:President may deport any resident alien considered dangerous “to peace and safety of US”

3. ALIEN ENEMIES ACT:President may deport any resident alien from a country at ar with the US

4. SEDITION ACT

41. NATURALIZATION

ACT:

2. ALIEN FRIENDS ACT:

3. ALIEN ENEMIES ACT:

4. SEDITION ACT: a crime to publish “false, scandlous or malicious writing against the President, or Congress (but not individual Congressmen)

SEPTEMBER 5, B F BACHE DIES SEPTEMBER 5, B F BACHE DIES 5 DAYS BEFORE HIS TRIAL5 DAYS BEFORE HIS TRIAL

October 6 – 8 , matthew lyon, indicted, October 6 – 8 , matthew lyon, indicted, tried, and convicted of seditiontried, and convicted of sedition

Indicted for publishing The Scourge of Aristocracy and the Repository of Important Political Truth in Vermont.

He wrote of President Adams “unbounded thirst for ridiculous pomp, foolish adulation, and selfish avarice.” He also claimed Adams “had corrupted religion to further his war ends.”

October 6 – 8 , matthew lyon, indicted, October 6 – 8 , matthew lyon, indicted, tried, and convicted of seditiontried, and convicted of sedition

He wrote of President Adams “unbounded thirst for ridiculous pomp, foolish adulation, and selfish avarice.” He also claimed Adams “had corrupted religion to further his war ends.”

COULD LYON HAVE MADE TRUTH THE

BASIS OF HIS DEFENSE?

NOVEMBER 2, 1798, THOMAS COOPER NOVEMBER 2, 1798, THOMAS COOPER PUBLISHED BROADSIDE ACCUSING PUBLISHED BROADSIDE ACCUSING ADAMS OF MISCONDUCT IN OFFICE ADAMS OF MISCONDUCT IN OFFICE

COOPER INDICTED AND TRIED APRIL OF 1799

CONVICTED

SENTENCED TO SERVE 6 MONTHS IN JAIL

JULY 14, 1798 JULY 14, 1798

ALIEN AND SEDITION ACTS ALIEN AND SEDITION ACTS

When Was the Sedition Act

Scheduled to Expire?`

March 3, 1801

MADISON AND JEFFERSON BOTH SAW the acts as MADISON AND JEFFERSON BOTH SAW the acts as A) UNCONSTITUTIONAL AND B) A mortal threat to A) UNCONSTITUTIONAL AND B) A mortal threat to

the republicans the republicans

Jefferson wrOTE THE kentucky resolves, calling for Jefferson wrOTE THE kentucky resolves, calling for

state state NULLIFICATIONNULLIFICATIONMEANING OF AND BASIS FOR nullification:

‘WHENSOEVER THE [FEDERAL] GOVERNMENT ASSUMES UNDELEGATED POWERS ITS ACTS ARE UNAUTHORITATIVE, VOID, AND OF NO FORCE.”

THE FEDERAL GOVERNMNET IS NOT THE EXCLUSIVE OR FINAL JUDGE OF THE EXTENT OF POWERS IT HAS BEEN DELEGATED:

ALL ACTS WHICH ASSUME TO CREATE, DEFINE, OR PUNISH CRIMES , OTHER THAN THOSE ENUMERATED IN THE CONSTITUTION, ARE ALTOGETHER VOID, AND OF NO FORCE – BASIS FOR NULLIFICATION

MADISON’S WROTE THE MILDER VIRGINIA MADISON’S WROTE THE MILDER VIRGINIA RESOLVES, WHICH DECLARED THE RIGHT OF RESOLVES, WHICH DECLARED THE RIGHT OF

INTERPOSITIONINTERPOSITION

MEANING OF AND BASIS FOR INTERPOSITION:

FEDERAL GOVERNMENT WAS GRANTED SPECIFIC POWERS BY THE STATES IN THE CONSTITUTION,

ONLY THE STATES CAN JUDGE WHEN IT HAS EXCEEDED THOSE POWERS.

STATES HAVE A RIGHT AND DUTY TO INTERPOSE THEMSELVES BETWEEN THE FEDERAL GOVERNMENT AND THE PEOPLE TO PREVENT ENFORCEMENT OF FEDERAL LAWS EXCEED THE ENUMERATED POWERS & ARE UNCONSTITUTIONAL

UNINTENDED UNINTENDED CONSEQUENCES OF CONSEQUENCES OF

THE ALIEN AND THE ALIEN AND SEDITION ACTS: SEDITION ACTS:

1814 - THE HARTFORD CONVENTION – 1814 - THE HARTFORD CONVENTION – INTERPOSITION INTERPOSITION 1832 – SOUTH CAROLINA PROVOKES 1832 – SOUTH CAROLINA PROVOKES “NULLIFICATION CRISIS” BY NULLIFYING “NULLIFICATION CRISIS” BY NULLIFYING THE “TARRIFF OF ABOMINATIONS”THE “TARRIFF OF ABOMINATIONS”ONGOING – SUPPRESSION OR RESTRICTION ONGOING – SUPPRESSION OR RESTRICTION OF FREE SPEECH, CIVIL LIBERTIES AND OF FREE SPEECH, CIVIL LIBERTIES AND RIGHTS OF ALIES A CONSTANT DURING RIGHTS OF ALIES A CONSTANT DURING MILITARY CONFLICT MILITARY CONFLICT

The Constitution & Civil The Constitution & Civil Liberties Liberties

CREC TEACHING AMERICAN HISTORY – 2011CREC TEACHING AMERICAN HISTORY – 2011