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Course Pack Part 8: Results of the American Revolution (1776 - 1791)
Discussion Topics:
This discussion will cover events in the later part of the American Revolution beginning
and will focus primarily on the creation of the United States of America under the
Constitution in the 1780s. The focus of the discussion will be on the debate over the
meaning of the revolution and how Americans competed to influence the shape and
principles of the new country they were creating.
In this discussion we will continue to focus on political philosophy. Ideas, their
influences, sources of inspiration, meanings, and consequences are our main interest in
this class session.
1. What is a constitution?
a. How is a constitution different from other laws?
b. The US Constitution
i. Basic purpose
ii. Basic format
c. The US Bill of Rights
i. Reading the Amendments closely
1. What do they actually say?
2. What do you interpret them to mean?
3. Why is it important to know these laws?
2. Compare and Contrast US Constitution and British Constitution
a. What is the same?
b. What did the Americans change?
c. Why did they make the changes that they did? What did they hope to
accomplish?
Reading Assignment:
1. Foner: Chapters 6 – 7
2. Excerpts from: Gordon Wood, The Idea of America, pp. 190-193, and 171-187.
Primary documents:
3. United States Constitution (Located in the appendix in the back of the textbook.)
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4. United States Bill of Rights
5. American Indian Religious Freedom Act (1978)
Keywords:
Constitution
Independence
Democracy
Liberty
Federal
Ratification
Freedom
Republic
Study Questions:
1. What is the difference between a republic and a democracy? Which type of
government (political structure) were Americans trying to create in the 1780s?
2. In general, what is a constitution? What purpose or function do constitutions
serve?
3. Summarize the basic parts of the U.S. Constitution that was created in the 1780s.
How is it different from the English constitution created in 1689?
4. What is the U.S. Bill of Rights? Why was it created?
5. How is the U.S. Bill of Rights similar to and different from the English Bill of
Rights? Explain how these two documents are connected (related to one
another) in history. In other words, how did the former document influence the
authors of the latter document? What is the reason for these similarities and
differences?
6. What was the outcome of the American Revolution? What were the rebels'
goals? Did they achieve what they set out to? (Hint: This question is about the
"big picture" goals and the future. It is not just about the Treaty of Paris. See the
introduction to chapter 7 in the Foner textbook when answering these questions.)
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Gordon Wood, The Idea of America: Reflections on the Birth of the United States, New
York: The Penguin Press, 2011, pp. 190-193.
Within decades, but NOT
at the beginning.
The “West” regarded
the Greek idea of
democracy with
suspicion and
hostility.
English on both
sides includes both
the people in Great
Britain and in the
colonies.
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Colonists used the word
democracy
“vituperatively.”
vituperative: Containing,
conveying, or expressing
strong depreciation; violently
abusive or fault-finding;
contumelious, opprobrious.
In other words – negatively.
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“based on the fear that the
aristocratic fear might
corrupt the poor”
Meaning: that if you did
not have economic
independence, your boss
or someone you were
economically dependent
on could use your
financial situation to
manipulate you and
control your vote. For
example, either you vote
the way your boss tells
you or he will fire you.
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Wood, Gordon., The Idea of America: Reflections on the Birth of the
United States, New York: The Penguin Press, 2011, pp. 171-187.
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This part about Americans
thought the torch of
English freedom had been
passed to them is essential
and should be included in
an essay on the topic.
Carrying a torch implies
that you have a
responsibility to protect
and preserve it – to keep
the flame burning. In this
case, to keep Locke’s ideas
of government alive.
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The U.S. Bill of Rights: A Transcription
The Preamble to The Bill of Rights
Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.
THE Conventions of a number of the States, having at the time of their adopting the
Constitution, expressed a desire, in order to prevent misconstruction or abuse of its
powers, that further declaratory and restrictive clauses should be added: And as
extending the ground of public confidence in the Government, will best ensure the
beneficent ends of its institution.
RESOLVED by the Senate and House of Representatives of the United States of
America, in Congress assembled, two thirds of both Houses concurring, that the
following Articles be proposed to the Legislatures of the several States, as amendments
to the Constitution of the United States, all, or any of which Articles, when ratified by
three fourths of the said Legislatures, to be valid to all intents and purposes, as part of
the said Constitution; viz.
ARTICLES in addition to, and Amendment of the Constitution of the United States of
America, proposed by Congress, and ratified by the Legislatures of the several States,
pursuant to the fifth Article of the original Constitution.
Note: The following text is a transcription of the first ten amendments to the Constitution
in their original form. These amendments were ratified December 15, 1791, and form
what is known as the "Bill of Rights."
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or of the press; or the right of
the people peaceably to assemble, and to petition the Government for a redress of
grievances.
Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the
people to keep and bear Arms, shall not be infringed.
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Amendment III
No Soldier shall, in time of peace be quartered in any house, without the consent of the
Owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no Warrants
shall issue, but upon probable cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on
a presentment or indictment of a Grand Jury, except in cases arising in the land or naval
forces, or in the Militia, when in actual service in time of War or public danger; nor shall
any person be subject for the same offence to be twice put in jeopardy of life or limb; nor
shall be compelled in any criminal case to be a witness against himself, nor be deprived
of life, liberty, or property, without due process of law; nor shall private property be taken
for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,
by an impartial jury of the State and district wherein the crime shall have been
committed, which district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his favor, and to
have the Assistance of Counsel for his defence.
Amendment VII
In Suits at common law, where the value in controversy shall exceed twenty dollars, the
right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common
law.
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Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or
disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to
the States, are reserved to the States respectively, or to the people.
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The American Indian Religious Freedom Act of 1978 (with Amendments in 1994)
42 U.S. Code § 1996 - Protection and preservation of traditional religions of Native
Americans
On and after August 11, 1978, it shall be the policy of the United States to protect and
preserve for American Indians their inherent right of freedom to believe, express, and
exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native
Hawaiians, including but not limited to access to sites, use and possession of sacred
objects, and the freedom to worship through ceremonials and traditional rites.
PUBLIC LAW 103-344 [H.R. 4230]; October 6, 1994
AMERICAN INDIAN RELIGIOUS FREEDOM ACT AMENDMENTS OF 1994
For Legislative History of Act, see Report for P.L. 103-344 in U.S.C.C. & A.N. Legislative
History Section.
An Act to emend the American Indian Religious Freedom Act to provide for the
traditional use of peyote by Indians for religious purposes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "American Indian Religious Freedom Act Amendments of
1994".
SEC. 2. TRADITIONAL INDIAN RELIGIOUS USE OF THE PEYOTE SACRAMENT.
The Act of August 11, 1978 (42 U.S.C. 1996), commonly referred to as the "American
Indian Religious Freedom Act", is amended by adding at the end thereof the following
new section:
"SEC. 3. (a) The Congress finds and declares that—
"(1) for many Indian people, the traditional ceremonial use of the peyote cactus as a
religious sacrament has for centuries been integral to a way of life, and significant in
perpetuating Indian tribes and cultures;
"(2) since 1965, this ceremonial use of peyote by Indians has been protected by Federal
regulation;
"(3) while at least 28 States have enacted laws which are similar to, or are in
conformance with, the Federal regulation which protects the ceremonial use of peyote
by Indian religious practitioners, 22 States have not done so, and this lack of uniformity
has created hardship for Indian people who
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participate in such religious ceremonies;
"(4) the Supreme Court of the United States, in the case of Employment Division v.
Smith, 494 U.S. 872 (1990), held that the First Amendment does not protect Indian
practitioners who use peyote in Indian religious ceremonies, and also raised uncertainty
whether this religious practice would be protected under the compelling State interest
standard; and
"(5) the lack of adequate and clear legal protection for the religious use of peyote by
Indians may serve to stigmatize and marginalize Indian tribes and cultures, and increase
the risk that they will be exposed to discriminatory treatment.
"(b)(1) Notwithstanding any other provision of law, the use, possession, or transportation
of peyote by an Indian for bona fide traditional ceremonial purposes in connection with
the practice of a traditional Indian religion is lawful, and shall not be prohibited by the
United States or any State. No Indian shall be penalized or discriminated against on the
basis of such use, possession or transportation, including, but not limited to, denial of
otherwise applicable benefits under public assistance programs.
"(2) This section does not prohibit such reasonable regulation and registration by the
Drug Enforcement Administration of those persons who cultivate, harvest, or distribute
peyote as may be consistent with the purposes of this Act.
"(3) This section does not prohibit application of the provisions of section 481.111(a) of
Vernon's Texas Health and Safety Code Annotated, in effect on the date of enactment
of this section, insofar as those provisions pertain to the cultivation, harvest, and
distribution of peyote.
"(4) Nothing in this section shall prohibit any Federal department or agency, in carrying
out its statutory responsibilities and functions, from promulgating regulations
establishing reasonable limitations on the use or ingestion of peyote prior to or during
the performance of duties by sworn law enforcement officers or personnel directly
involved in public transportation or any other safety-sensitive positions where the
performance of such duties
may be adversely affected by such use or ingestion. Such regulations shall be adopted
only after consultation with representatives of traditional Indian religions for which the
sacramental use of peyote is integral to their practice. Any regulation promulgated
pursuant to this section shall be subject to the balancing test set forth in section 3 of the
Religious Freedom Restoration Act (Public Law 103-141; 42 U.S.C. 2OOObb-1).
"(5) This section shall not be construed as requiring prison authorities to permit, nor
shall it be construed to prohibit prison authorities from permitting, access to peyote by
Indians while incarcerated within Federal or State prison facilities.
"(6) Subject to the provisions of the Religious Freedom Restoration Act (Public Law 103141; 42 U.S.C. 2000bb-1), this section shall not be construed to prohibit States from
enacting or enforcing reasonable traffic safety laws or regulations.
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"(7) Subject to the provisions of the Religious Freedom Restoration Act (Public Law 103141; 42 USC 2000bb-1), this section does not prohibit the Secretary of Defense from
promulgating regulations establishing reasonable limitations on the use, possession,
transportation, or distribution of peyote to promote military readiness, safety, or
compliance with international law or laws of other countries. Such regulations shall be
adopted only after consultation with representatives of traditional Indian religions for
which the sacramental use of peyote is integral to their practice.
"(c) For purposes of this section-"(1) the term 'Indian' means a member of an Indian tribe;
"(2) the term 'Indian tribe' means any tribe, band, nation, pueblo, or other organized
group or community of Indians, including any Alaska Native village (as defined in, or
established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. l601 et
seq.)), which is recognized as eligible for
the special programs and services provide by the United States to Indians because of
their status as Indians;
"(3) the term 'Indian religion' means any religion—
"(A) which is practiced by Indians; and
"(B) the origin and interpretation of which is from within a traditional Indian culture or
community; and
"(4) the term 'State' means any State of the United States and any political subdivision
thereof.
"(d) Nothing in this section shall be construed as abrogating, diminishing, or otherwise
affecting-"(1) the inherent rights of any Indian tribe;
"(2) the rights, express or implicit, of any Indian tribe which exist under treaties,
Executive orders, and laws of the United States;
"(3) the inherent right of Indians to practice their religions; and
"(4) the right of Indians to practice their religions under
any Federal or State law.".
Approved October 6, 1994.
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Eric Foner, Give Me Liberty! An American History, Seagull 3rd Edition, New York: W.W. Norton, 2012.
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