to the constitution provides the sovereign people with the means for effective and reasonable...

Introductionto the

ConstitutionH I L L S D A L E C O L L E G E

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Hillsdale College Online Learning

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About the CourseThe American Founders believed that the principles of the Declaration and the Constitution were not simply preferences for their own day, but were truths that the sovereign and moral people of America could always rely on as guides in their pursuit of happiness. This course considers the principles of the American Founding—which are described most famously and concisely in the Declaration of Independence—as well as key features of American government based on those principles. Led by Hillsdale College President Larry P. Arnn, the course also examines the major challenges posed by Progressivism to American constitutionalism.

Course ProfessorLarry P. Arnn is the twelfth president of Hillsdale College, where he is also a professor of politics and history. He received his B.A. from Arkansas State University and his M.A. and Ph.D. in Government from the Claremont Graduate School. He also studied at Worcester College, Oxford University, where he served as director of research for Sir Martin Gilbert, the official biographer of Winston Churchill. From 1985 to 2000, he served as president of the Claremont Institute for the Study of Statesmanship and Political Philosophy. He serves on several boards of directors, and he previously served on the U.S. Army War College Board of Visitors for two years for which he earned the Department of the Army’s Outstanding Civilian Service Medal. In 2015, he received the Bradley Prize from the Lynde and Harry Bradley Foundation. A member of numerous organizations including the Churchill Centre, he is the author of three books: Liberty and Learning: The Evolution of American Education; The Founders’ Key: The Divine and Natural Connection Between the Declaration and the Constitution and What We Risk by Losing It; and, most recently, Churchill’s Trial: Winston Churchill and the Salvation of Free Government.

6 Introduction to the Constitution | Hillsdale College

Lesson 1:The Declaration of Independence— Universals and ParticularsThere is an indispensable relationship between the Declaration of Independence and the Constitution. This lesson explores the universal principles outlined in the Declaration and their implications for the form of just government. The argument of the Declaration culminates in the colonists’ solemn pledge to each other of their lives, their fortunes, and their sacred honor.

RECOMMENDED READINGS:

• The Declaration of Independence (5-9*)

• Aristotle, The Politics, Book I, Chapter 2 (24-26)

• Thomas Jefferson, Letter to Henry Lee (11-12)

• John Locke, Two Treatises of Government, Book II, Chapter 2 (31-33)

DISCUSSION QUESTIONS:

1. In what ways is the Declaration of Independence consistent with the ancient idea that man is political by nature? In what ways is the Declaration consistent with the relatively modern political idea that civil society is created by individuals through a social contract?

2. According to the Declaration of Independence, what kind of government is just and why is that kind of government necessary in light of the Founders’ view of human nature?

3. Why is the mutual pledge at the end of the Declaration of Independence significant?

*All page numbers listed reference The U.S. Constitution: A Reader, published by Hillsdale College Press and edited by the Hillsdale politics faculty. The book may be purchased at hillsdale.edu/ConstitutionReader.

Hillsdale College | Introduction to the Constitution 7

Lesson 2:The Declaration of Independence— The Laws of Nature and of Nature’s GodThis lesson provides an account of the “general rule” or first authority cited in the Declaration of Independence—“the Laws of Nature and of Nature’s God.” God is cited not only as a creator, but also as law-giver, protector, and judge—the implication being that only He can rightfully exercise all three functions of government. The meaning of the word “nature” is explained from its etymological roots to its revolutionary implications.


• The Declaration of Independence, first two paragraphs (5-6)

• Cicero, On the Commonwealth (29)

• Algernon Sidney, Discourses Concerning Government (43-45)


1. Discuss the meaning of the word “nature.” How do we use it in common speech? How is its meaning related to the words birth, growth, and purpose?

2. Review the list of grievances against King George III in the Declaration of Independence. Discuss how the king was exercising all three functions of government: executive, legislative, and judicial.

3. Using Dr. Arnn’s definition of nature as a point of reference, discuss the meaning of the laws of nature. Are these laws authoritative? How can they be known and understood? What is the connection between the laws of nature and God as the creator?


Lesson 3:The Declaration of Independence— All Men Are Created EqualThis lesson draws upon the explanation of nature from the previous lesson to discuss one of its most important implications: equality. Far from an elaborate or vague concept, equality is a simple and clear principle, and is rooted in the fundamental human capacity to speak.


• Thomas Jefferson, Letter to Roger Weightman (109-110)

• Thomas Jefferson, Draft of the Declaration of Independence (397)

• John Locke, Two Treatises of Government, Book II, Chapter 6 (33)

• James Otis, “The Rights of the British Colonies Asserted and Proved” (73-79)


1. What is the connection between the human capacity to speak and equality?

2. How is the idea of equality based on the fundamental human capacity of speech different than the idea of equality based on human dignity? Consider Dr. Arnn’s example of the comparison between Winston Churchill and Adolf Hitler.

3. What is the connection between Aristotle’s description of the human capacity to speak and the phrase “all men are created equal” in the Declaration of Independence?


Lesson 4:The Consent of the GovernedThis lesson builds upon equality, the main idea in the previous lesson. It draws out the political implication from the principle that all men are created equal: no one among us can rule the rest unless we give that person permission to rule. Like the principle of equality, consent of the governed is of fundamental importance for understanding the government of the United States.


• Gad Hitchcock, “An Election Sermon” (93-94)

• Thomas Jefferson, “A Summary View of the Rights of British America” (81-91)

• John Locke, Two Treatises of Government, Book II, Chapter 8 (35-36)


1. What does the term “consent of the governed” mean?

2. Is the idea of consent of the governed controversial? What are some arguments against it, and why are those arguments wrong, according to the Founders?


Lesson 5:Representation of the PeopleRepresentation is the means by which the principle of the consent of the governed is applied and maintained in the government. Without representation, the people lose their ability to consent. Therefore a mechanism is necessary by means of which the people can regularly express their consent. For the United States, this mechanism is the Constitution. Ultimately, representation allows for citizens to entrust the governing of the country to a few people while still retaining the crucial ability to control the power of the government. This feature provides a beneficial check both on the people and on the government, and thus is favorable to liberty.


• Publius, Federalist 9 (215-219)




1. Why is a system of representation crucial? How was the American system of representation set up?

2. Does a large country need representation to be successful? Why is it advantageous to spread out decision making over geographic space? What are the advantages of taking time to make decisions?

3. Explain the concept of “faction.”

4. Many today deny that there is such thing as a common good. These people claim that competing interests must be balanced out by the government according to the requirements of social justice. According to the Founders’ beliefs in natural rights, why is such a system—however well intentioned—actually unjust?


Lesson 6:Sovereignty and PowerThis lesson explores the question of sovereignty in the United States. In a representative and federal government, it is sometimes difficult to see who has the supreme authority, or the final say in matters of great importance. The principles of American government, however, require the sovereignty of the people. They express their will through a constitutional majority, although they themselves do not rule directly.


• The Preamble of the Constitution (47)

• Brutus, “Essay I” (221-230)



• George Washington, Letter Transmitting the Constitution (209-210)


1. How can the sovereign be excluded from the operation of government? Is this a contradiction? Why or why not?

2. Explain Dr. Arnn’s claim, “The majority of equal souls has to stand in for unanimous consent.” What are the potential problems of majority rule? What are the potential problems of minority, or aristocratic rule? Compare and contrast these forms of government.

3. The Electoral College has been attacked as outdated and undemocratic. Its legitimacy hinges on the difference between a numerical majority of citizens and what Lincoln called the “constitutional majority.” Explain this difference and compare each with the principle of equality described in the Declaration. Are they both in accord with that principle? Why or why not?


Lesson 7:Reason and PassionThis lesson explores an important problem latent in majority rule. If the majority has the right to express the will of the people as a whole, it is important that its decisions be products of calm reason and not volatile passions. A democracy is just as capable as a monarchy of becoming tyrannical. Therefore the Founders designed the Constitution to enable the people as much as possible to make well-reasoned laws that are beneficial to the common good.


• The Declaration of Independence, second paragraph (5-6)




1. How does one reconcile short-term wants with what is best for the long term?

2. Why and how does the exclusion of the sovereign (i.e., the people) from the operation of government affect political deliberation among the people?

3. How is the Constitution structured to produce the right relationship between the reason and the passion of the people?


Lesson 8:The Separation of PowersBuilt on the principles of equality, consent, and rule of the majority, the Constitution provides the sovereign people with the means for effective and reasonable self-governance. As the sovereign, the people separate the three functions of government into departments and delegate specific powers to each, which protects against tyranny and preserves liberty. To that end, the principle of separation of powers helps the people maintain control of their government.


• The Constitution of the United States of America, Articles I-IV (47-56)





1. In the first lesson, Dr. Arnn described the principle of equality in the Declaration as the “final cause” of our nation. How does this final cause—secured by the Constitution—make the people strong, as opposed to other forms of government?

2. Explain the dilemma of how majority rule is both sovereign and a potential source of tyranny.

3. How does separating the powers of government provide a check on tyranny?


Lesson 9:The Necessity of VirtueWhile the separation of powers is the greatest of the institutional restraints on government, the principal restraint is a virtuous people. Ultimately, the maintenance of free government depends on the people themselves. Auxiliary precautions such as separation of powers and checks and balances are necessary, but they are insufficient. Experience has shown that a people will either be virtuous and free, or else corrupt and ruled.


• The Constitution of the United States of America, Articles V-VII (56-57)



• George Washington, Farewell Address (139-152)


1. Why might someone think that the Founders established a crass and base regime?

2. What role does passion play in the American regime? Why is this important for a constitutional republic?

3. If every choice is a combination of thinking and desiring, what is the eventual result of making many good choices? How does the Constitution help engender good character in the people?

4. What was the importance of George Washington’s character to the American Founding?


Lesson 10:Ballots Rather than BulletsThe Declaration of Independence asserts that government is legitimate only when the people consent to it. The election of 1800 demonstrated the legitimacy of the American system of government because the people were able to assert their will and change the government, according to the strictures of the Constitution. With the election of Thomas Jefferson to the presidency, the American people effected a change of government without firing a shot.


• The Constitution of the United States of America, Amendments I-XXVII (58-66)

• James Madison, “Vices of the Political System of the United States” (197-203)



1. In what ways is an election similar to a revolution? In what ways is it different?

2. Why might it be said that the American Revolution officially ended in 1800?

3. Despite the volatility of the 2016 presidential election, what are some signs that the American people are still committed to limited constitutional government?


Lesson 11:The Problem with Big GovernmentThis lesson considers the great challenge to the Constitution posed by proponents of big government, in light of the many complicated problems of the modern world. This lesson explores the question: does the Founders’ Constitution enable the American people—by means of its system of representative government—to meet the new and pressing problems of today without compromising fundamental principles?


• Frank Goodnow, “The American Conception of Liberty” (629-634)

• Franklin D. Roosevelt, “Commonwealth Club Address” (719-729)

• Woodrow Wilson, “The Study of Administration” (663-682)


1. What is the argument in favor of having a large and unlimited government?

2. How might the Constitution—as written—be interpreted to meet the needs of the modern world while still maintaining its underlying principles? What are the limits beyond which the Constitution may be interpreted—where it would undermine the very reasons for its existence?

3. For the people to remain sovereign over the government, they must be strong enough to control it. In what ways might this be accomplished through the Constitution while still meeting urgent needs?


Lesson 12:The Problem with ProgressivismProgressivism asserts a new view of the purpose of American government. This political philosophy seeks to replace Founding principles—such as equality, consent of the governed, and separation of powers—with the belief that all ideas are true only in the contexts in which they develop. As a result, Progressives believe the universal and timeless claims of the Declaration of Independence, which serve as the foundation of American constitutionalism, are no longer true or relevant today.

RECOMMENDED READINGS

• Winston Churchill, “What Good’s a Constitution?” (737-744)

• John Dewey, “Liberalism and Social Action” (619-628)

• Lyndon B. Johnson, “Remarks at the University of Michigan” (759-763)

• Publius, Federalist 51, fourth paragraph (288)

• Ronald Reagan, “A Time for Choosing” (773-783)

• Franklin D. Roosevelt, Annual Message to Congress (745-747)

• Woodrow Wilson, “What Is Progress?” (635-643):


1. Discuss the difference between negative rights and positive rights. Is the notion of positive rights wrong? Why or why not?

2. Explain the Progressive understanding of history. Consider the implications that follow if that understanding is correct, namely that history is the arbiter of truth. What does this imply about the principles of the Declaration of Independence?


3. Describe how the Founders and Progressives differed in their views of nature, particularly human nature.

4. The Founders appreciated the power of science and technology; they even included a right to temporary patents for inventors in the Constitution. How might they respond to the Progressives’ claim that men may and should be ruled through scientific expertise?

5. Why is the Constitution—with its separation of powers and checks and balances—an obstacle to the Progressive theory of government?


Hillsdale College Online Learning

Hillsdale College offers free, not-for-credit online courses by its faculty.

These online versions are based upon those in the College’s undergraduate Core Curriculum, which all Hillsdale students must complete prior to graduation.

In addition to lectures, these online courses feature readings, study guides, quizzes, and discussion groups. There is also an opportunity to receive certificates of completion for each course.

online.hillsdale.edu

About Hillsdale College

Hillsdale College was founded in 1844 by men and women who proclaimed

themselves “grateful to God for the inestimable blessings resulting from the prevalence of civil and religious liberty and intelligent piety in the land,” and who believed that “the diffusion of sound learning is essential to the perpetuity of these blessings.”

Hillsdale was the first American college to prohibit in its charter any discrimination based on race, sex, or national origin. Associated with the anti-slavery movement from its earliest days, it attracted to its campus anti-slavery leaders such as Frederick Douglass and Edward Everett, who preceded Abraham Lincoln at Gettysburg. Several of the College’s leading men were instrumental in founding the new Republican party up the road in Jackson, Michigan, in 1854. And Hillsdale sent a larger percentage of its students to fight for the Union in the Civil War than any other American college or university except West Point. Two of those Hillsdale veterans helped carry Lincoln’s casket to the slain president’s final resting place in Springfield, Illinois.

Hillsdale’s modern rise to national prominence began in the 1970s, when the federal government attempted to impose a host of regulations on the College—including racial quota requirements that violated Hillsdale’s principled policy of nondiscrimination. When the Supreme Court upheld these regulations in the 1980s on the basis that Hillsdale students received federally funded grants and loans, the College decided to refuse even this indirect form of federal aid,

replacing all federal student aid with privately funded grants, loans, and scholarships.

Hillsdale’s Board of Trustees pledged first that the College would continue its long-standing policy of nondiscrimination, and second that it would not accept any encroachments on its independence. It is a pledge that has been renewed several times in subsequent years and stands to date.

Today an independent, coeducational, residential liberal arts college with a student body of some 1,400 undergraduates, the College continues to carry out its original mission. With a core curriculum that comprises about one-half of courses a student needs to graduate, Hillsdale maintains its strong fidelity to the liberal arts.

In its outreach, too, the College teaches those same ideas that advance “civil and religious liberty.” Its many programs include the Center for Constructive Alternatives, one of the largest college lecture series in America; the Hoogland Center for Teacher Excellence, which holds seminars for high school teachers of civics and history; the National Leadership Seminars; the Allan P. Kirby, Jr. Center for Constitutional Studies and Citizenship, in Washington, D.C.; and Imprimis, a monthly newsletter that reaches over three million people.

Opened in the fall of 2012, the Hillsdale College Van Andel Graduate School of Statesmanship offers an M.A. and a Ph.D. in politics.

For more information about Hillsdale College, please visit Hillsdale.edu.

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