WELCOME

1. WELCOME

2. The Constitution & Civil Liberties CREC TEACHING AMERICAN HISTORY – 2011

3. NOV. 9 SPECIAL PROGRAM: LEGISLATIVE OFFICE BUILDING 6:00 PM “CIVIL LIBERTIES & THE CIVIL WAR IN CONNECTICUT SUPREME CT JUSTICES JOHN FINN MATT WARSHAUER

4. Today: THE CONSTITUTION, CIVIL LIBERTIES AND THE CIVIL WAR IN CONNECTICUT MATT WARSHAUER CCSU SALLY NYHAN

5. GUIDING QUESTIONS: CONTENT HOW IMPORTANT WERE CIVIL LIBERTIES TO THE CONSTITUTION’S FRAMERS? WHOSE RIGHTS ARE MORE IMPORTANT; THE RIGHTS OF THE MAJORITY, OR THE RIGHTS OF THE INDIVIDUAL? HOW HAS OUR UNDERSTANDING OF CIVIL LIBERTIES CHANGED OVER TIME? WHOSE CIVIL LIBERTIES ARE PROTECTED BY THE CONSTITUTION? WHOSE ARE NOT? UNDER WHAT CONDITIONS CAN OR SHOULD CIVIL LIBERTIES BE DISPENSED WITH?

6. GUIDING QUESTIONS: METHOD WHAT MAKES AN EFFECTIVE DOCUMENT BASED QUESTION? HOW DO WE DEVELOP EFFECTIVE DBQS? HOW DO WE HELP OUR STUDENTS ENGAGE AND MASTER DBQ ASSESSMENT? WHAT WOULD A DBQ BASED APPROACH TO TEACHING THE CONSTITUTION AND CIVIL LIBERTIES LOOK LIKE? HOW DO WE DEVELOP STUDENT-FRIENDLY DBQ’S THAT FOCUS ON CRITICAL ASPECTS OF THE CIVIL LIBERTIES/CONSTITUTIONAL DEBATE?

7. But First!!!: BILL OF RIGHTS, ALIEN AND SEDITION ACTS JOHN E FINN –WESLEYAN UNIV MIKE BREEN

8. ContextAlien and Sedition Acts In 1789, the United States of America Was A Vast, Disorganized, & Largely Divided Third World Nation

9. The New federal government Government Was untested JOHN E FINN –WESLEYAN UNIV MIKE BREEN

10. Ratification produced political Parties JOHN E FINN –WESLEYAN UNIV MIKE BREEN

11. BILL OF RIGHTS – may 4- August 25, 1780 JOHN E FINN –WESLEYAN UNIV MIKE BREEN

12. The French Revolution– June 17, 1789

13. BRITISH FREETHINKERS EMIGRATE TO AMERICA - SUPPORT FRENCH REVOLUTION

14. 1795-6 JAY TREATY – SEEN By RePUBLICANS AS A CONCESSSION TO BRITAIN JOHN E FINN –WESLEYAN UNIV MIKE BREEN

15. 1796 Split Election – ADAMS JEFFERSON INCREASED POLITICAL HOSTILITY

16. 1798 XYZ AFFAIR CONVINCED FEDERALISTS OF THREAT TO NATIONAL SECURITY

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

18. JUNE 1798, B F BACHE 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.

19. JULY 14, 1798 ALIEN AND SEDITION ACTS HOW MANY DIFFERENT LAWS COMRISED THE ALIEN AND SEDITION ACTS?`

20. NATURALIZATION ACT: citizenship in 14 years instead of 5 ALIEN FRIENDS ACT:President may deport any resident alien considered dangerous “to peace and safety of US” ALIEN ENEMIES ACT:President may deport any resident alien from a country at ar with the US SEDITION ACT 4

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

22. SEPTEMBER 5, B F BACHE DIES 5 DAYS BEFORE HIS TRIAL

23. October 6 – 8 , matthew lyon, indicted, tried, 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.”

24. October 6 – 8 , matthew lyon, indicted, tried, 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?

25. NOVEMBER 2, 1798, THOMAS COOPER PUBLISHED BROADSIDE ACCUSING ADAMS OF MISCONDUCT IN OFFICE • COOPER INDICTED AND TRIED APRIL OF 1799 • CONVICTED • SENTENCED TO SERVE 6 MONTHS IN JAIL

26. JULY 14, 1798 ALIEN AND SEDITION ACTS When Was the Sedition Act Scheduled to Expire?` March 3, 1801

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

28. Jefferson wrOTE THE kentucky resolves, calling for state NULLIFICATION • MEANING 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

29. MADISON’S WROTE THE MILDER VIRGINIA RESOLVES, WHICH DECLARED THE RIGHT OF INTERPOSITION • 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

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

31. The Constitution & Civil Liberties CREC TEACHING AMERICAN HISTORY – 2011