How to Build a Nation in 15 Weeks: Recent Episodes
Patterson Belknap Webb & Tyler LLP
Former Assistant U.S. Attorney Harry Sandick along with Jon Hatch and colleagues at Patterson Belknap revisit the hottest topics from each week in the Constitutional Convention of 1787, tracking their current place in our legal and political landscape.
We discuss the decisions and events leading to the end of formal Reconstruction, culminating with the corrupt bargain ending the election of 1876 and the continuing attacks on multiracial democracy in America. We conclude by reflecting on legacy of Reconstruction era amendments, the lingering effects of historical attempts to misrepresent and erase that legacy, and the unfinished work they represent.
Participants: Harry Sandick, Jon Hatch
In the wake of the second Trump impeachment, we review the Johnson, Clinton, and (first) Trump impeachments (and Nixon’s resignation), and conclude that not much is new under the sun. We also reflect on the inherently political nature of the impeachment process, and ask whether it works at all. (It doesn’t, really.)
Participants: Harry Sandick, Jon Hatch, Tara Norris
During World War I, suffragists pursue both national and state-by-state strategies. The National Women’s Party takes a more radical approach with protests and hunger strikes, and is met with violence. The Wilson administration and Congress yield after continued organizing, and the 19th Amendment is ratified. Further activism leads Congress to pass the ERA, but ratification falls three states short. Years later, three new states ratify, and the U.S. Archivist gets sued.
Participants: Harry Sandick, Jon Hatch, Sofie Syed
We begin our discussion of the struggle for women’s political rights in the United States with the Revolution, with a focus on the fight against coverture and slavery, and the particular challenges for Black women. The abolitionist, labor, and temperance movements provide early opportunities for organizing. The Seneca Convention presents the Declaration of Sentiments. The 15th Amendment reveals a rift in the movement between white women and women of color.
Participants: Harry Sandick, Jon Hatch, Sofie Syed
We discuss how organizing among African-Americans, continuing violence in the former Confederacy, and a union of principle and politics in the North lead Congress to move toward universal male suffrage, two years after rejecting it. Proponents of a guaranteed right to vote debate those seeking only a ban on racial discrimination, and conflicts erupt with some supporters of female suffrage. Things get messy in Congress. The end result is both momentous and compromised.
Participants: Harry Sandick, Jon Hatch
The team convenes again to further discuss the January 6, 2021 insurrection and its echoes of the end of Reconstruction, as well as thoughts about the way forward.
Ongoing mob violence spurs Congress to try to help Black Americans achieve meaningful equality. But in the 1870s, the Supreme Court limits the clause to cover only state action, despite Congress’s intentions. In the 1890s, it allows segregation by state governments. In 1964, it trades anti-subjugation for anti-classification. And in 1967, it creates qualified immunity, and then later expands it to shield almost all conduct by state law enforcement.
Participants: Harry Sandick, Jon Hatch, Kevin Opoku-Gyamfi
Congress draws on Article IV and the Corfield opinion to craft a new privileges and immunities clause, but the Supreme Court quickly narrows its scope to near-invisibility. Lochner era courts use the due process clause to promote economic rights but twist the Amendment’s meaning, until substantive due process is repurposed in the 1930s. Recent opinions hint at a resurrected privileges and immunities clause, but at what cost?
Participants: Harry Sandick, Jon Hatch, Ian Eppler
We discuss ancient and early modern doctrines regarding the inheritance of citizenship, state and federal citizenship in the early republic, and early arguments for racial equality among citizens. We return to Dred Scott’s creation of a racial exclusion to citizenship, the Reconstruction Congress’s efforts to legislate race-neutral birthright citizenship, culminating in the 14th Amendment, and the persistence of racial and national exclusions.
Participants: Harry Sandick, Jon Hatch, Tara Norris
In light of the January 6, 2021 insurrection at the Capitol and the second impeachment of Donald Trump, the team has reconvened to further discuss the history and mechanics of Section 3 and the use of impeachment against former government officials.
We begin our review of the 14th Amendment with the lesser-known middle clauses. Northern demographics, racism, and sexism block universal voting rights, leading to indirect support of male suffrage that is too complicated to work. Section 3 precludes officeholding by ex-Confederates but ends up interfering with the prosecution of Jefferson Davis. Section 4 upholds Union and cancels Confederate debts, and maybe means we can have a giant platinum coin.
Participants: Harry Sandick, Jon Hatch, Andrew Willinger
We review the history of resistance by enslaved people in the United States, and how the Civil War changed things, leading to widespread self-emancipation. We then talk about the intended scope of the amendment, its passage through moral arguments, solidarity, bribery, and self-interested political calculation, and conclude by discussing how the Supreme Court has narrowed its self-executing provisions while leaving room for more expansive legislation.
Participants: Harry Sandick, Jon Hatch
John Brown leads a raid on Harper’s Ferry and becomes a martyr. The Republicans prepare for their first real shot at the presidency. The Democratic convention disintegrates, the Northern and Southern wings propose competing candidates, and the Deep South prepares for its exit. Lincoln is elected, Southern states secede, and Thomas “Wagon Boy” Corwin tries for one last compromise. The North moves toward abolition as a way to win the war.
Participants: Harry Sandick, Jon Hatch, Leigh Barnwell
In the wake of Prigg, Congress passes its worst law. Abolitionists debate whether the Constitution is pro-slavery, anti-slavery, or neutral. For love of a railroad, Stephen Douglas blows up the Missouri Compromise, and a preview of the Civil War breaks out in Kansas. The Republican Party coalesces out of disparate opponents to the Democratic Party’s increasingly aggressive stance on slavery. The Supreme Court issues its worst decision.
Participants: Harry Sandick, Jon Hatch, Leigh Barnwell
For hundreds of years, enslaved people resist and escape. The delegates’ initial compromises in 1787 give disproportionate influence to slaveholders. Additional compromises, including the Fugitive Slave Act of 1793 and Missouri Compromise, both recognize and limit slavery. (Some) Northerners become concerned about a rising Slave Power. Prigg v. Pennsylvania endorses slavery but creates a limited space for Northern resistance.
Participants: Harry Sandick, Jon Hatch, Leigh Barnwell
We’re back, with a new season about the next era of constitutional development: Reconstruction. Join us as we discuss the 13th, 14th, 15th, and 19th Amendments and surrounding events, America’s subsequent retreat from the promises of Reconstruction, and the continuing struggles these amendments reflect.
Participants: Harry Sandick, Jon Hatch
We return with a “lost” episode about how early Congresses filled in details that the Constitution left open. The Militia Acts strike a delicate balance between the state and federal governments and fail utterly to create a trained militia, so Congress and the Supreme Court decide to pretend the Militia Clauses just don’t exist. Meanwhile, the Naval Act allows for traditional patronage politics to create an effective navy despite considerable challenges.
Jerry Bonaparte gets married. Congress decides it really hates titles. The Titles of Nobility Amendment is almost ratified, but falls two states short, leading to a few conspiracy theories. (Lawyers are still US citizens, we promise.) Tensions with England and France rise. New England Federalists meet in Hartford, change their minds on several issues, make an ill-timed proposal, and are never heard from again.
A debt is paid, but not to the debtor. A will is probated, but not for the heirs. An argument is skipped, despite prior arrangements. A bank is taxed, without being named. A lottery is launched, but tickets are forbidden. A charter is granted, but withdrawn by others. A vault is emptied, but the contents are returned. A ship is wrecked, but its contents resurface. A dam is broken, and a ship sails on.
Article II, Section 1 is founded on accident, immediately shows signs of trouble, and implodes within 12 years. Hamilton schemes, and others counterscheme. The Federalists swap Pinckneys. The Democratic-Republicans fail to coordinate and Jefferson and Burr end up tied. Jefferson grabs a few votes, the House deadlocks, and Bayard makes a last minute deal. The Democratic-Republicans take the route of least ambition, and fix only a few out of a host of problems.
The Convention commits a basic drafting error (probably). Georgia fails to pay some debts, Virginia claims some land, and Massachusetts grabs some property. The Committee of Detail drafts Article III. Randolph seizes an opportunity for an old client (and some new ones), Wilson rules in favor of his investments, Iredell is ignored, and everyone freaks out. Congress fixes a problem but creates a new one.
The Tenth Amendment places (arguably) redundant restrictions on federal powers. The Patterson team discusses the ineffable nature of the Ninth Amendment, whether as a double redundancy, a murky wellspring of unknown rights, or an acknowledgment of the incompleteness of constitutionalism.
The Normans bring the original form of the jury to England in 1066 (or did they?) The colonists make jury rights central to the revolution, but the delegates don’t make the effort to add them to the Constitution. The Seventh Amendment preserves the right to a civil jury, without much guidance. The Supreme Court looks to history, except as to size. The Patterson team debates the continued relevance and importance of juries in modern cases.
The Patterson team discusses some of the Stuart abuses that shaped what rights ended up in the Fifth, Sixth, and Eighth Amendments. Freedborn John refuses the oath ex officio. Sir Walter Raleigh is denied the right to confront Cobham. Judge Jeffreys presides over the Bloody Assizes. Patrick Henry confuses the difference between “didn’t” and “shouldn’t have.” We pause to discuss a recent decision on double jeopardy and provide a (very) brief history of incorporation.
Writs of assistance come to the colonies, James Otis sets himself aflame with oratory, and John Adams takes notes. Massachusetts leads the way in restricting warrants. Dollree Mapp protects some salacious activities and writes herself into history. Georgia rejects the mullet doctrine and the Sixth Circuit rejects chalking. The Patterson team discusses the exclusionary rule and the breadth (or lack thereof) the Fourth Amendment’s protections.
The Patterson team discusses the English and colonial antecedents of the Second Amendment, the fear of standing armies motivating its proposal, and the Congressional modifications before ratification. We then examine every federal appellate case interpreting the Third Amendment. (It doesn’t take long.)
Early colonists try to balance religious liberty with established state churches. John Peter Zenger goes to trial and suffers a pyrrhic loss. The murky origins of the free speech clause. James Madison slyly tweaks proposals from the state ratifying conventions. Federalists and Democratic-Republicans battle over the Sedition Act in the shadow of the new First Amendment. Thomas Jefferson proposes a radical fix that nearly undoes the Constitution.
Federalists and Anti-Federalists debate the necessity, danger, and efficacy of amendments. Madison takes charge and persuades Congress to go along, eventually. The Senate ditches state restrictions and a strict separation of powers. Congress sends 12 amendments to the States. 10 are quickly affirmed and become the Bill of Rights. One is rejected due to micromanagement and bad math. One takes the long way round to become the 27th Amendment.
A riverine ambiguity leads the locals to return to first principles, and draft a constitution. The citizens borrow some rights, expand some others, delve into equal protection and equal obligation, reject separation of powers, and graft an executive, legislative, and judicial council onto a town meeting. A hardware store debt leads to an international incident, and Daniel Webster removes the devil from the details.
The Patterson team debates whether the 1789 Act is pro-debtor or creditor. The Federalists giveth to the Midnight Judges, and the Democratic-Republicans taketh away. Marshall and Chase contemplate a strike. Marbury v. Madison establishes judicial review—or does it? The justices resume circuit riding, and fold in Stuart v. Laird. Concern over civil rights slowly opens the door to expanded federal jurisdiction, until the railroads kick it down.
The First Congress picks up where Article III left off. Oliver Ellsworth gets possessive. The justices are told to make like post-boys and get on their horses. Congress tries to avoid amendments, and omits federal question jurisdiction and appeals from criminal trials or pro-federal decisions. The Rules of Decision Act is added at the last moment, leading to countless litigation over a provision that may not have applied in the first place.
On this bonus episode, we spoke with Professor Michael Klarman, author of the excellent book the Framer’s Coup: The Making of the United States Constitution, about how the Framers designed the Constitution to be less democratic than the existing state governments, how the Federalists managed to ratify the Constitution over strong opposition, the mistakes of the antifederalists, and whether we should mythologize the Constitution and its founders.
The Federalists face a 46–19 disadvantage in New York and adopt a strategy of delay. The Anti-Federalists don’t sweat New Hampshire, but word of Virginia’s ratification sways their resolve. Melancton Smith is persuaded by argument. The namesake of Great Jones Street makes a proposal that leads to New York’s ratification. Sick of being lumped in with Rhode Island, North Carolina relents. Rhode Island joins the Union kicking and screaming.
New Hampshire makes nine. The Anti-Federalists belatedly get their act together and put up a fight. Patrick Henry blusters and bullies his way through the Virginia convention. George Mason and Edmund Randolph each offer up their limbs. John Marshall makes promises that the Supreme Court is absolutely not going to back up. James Madison conquers his weak constitution with a strong Constitution. Virginia ratifies, but things still look rough in New York.
Delaware quickly ratifies, and Pennsylvania Federalists convene, imprison a few delegates, and force a quick ratification. New Jersey, Georgia, and Connecticut quickly ratify to grab equal Senate representation. The Massachusetts Federalists show flexibility and deploy a few rumors, John Hancock gets coy, and everyone goes home happy after ratifying. Martin overplays his hand in Maryland. South Carolina uses some creative allocation. New Hampshire decides to delay.
The Patterson team explores the differences between Federalists and the Federalist Party, and fail to come up with an alternative name for the anti-Federalists, The Constitution goes public. The Federalists press their urban advantages, and their advantages in the press. Richard Henry Lee tries to kill the Constitution in the Articles Congress, but Madison maneuvers for a unanimous vote. Anti-Federalists develop their arguments.
We’re back! The Constitution has been drafted—but how did it overcome anti-Federalist opposition to get ratified? And how did the omissions and mistakes in the original draft get fixed (or not)? Join the Patterson team for a new season of How to Build a Nation in 15 Weeks, including further details on ratification, the Bill of Rights, the Judiciary Act of 1789, the 11th and 12th Amendments, and more.
On this bonus episode, we spoke with Professor Michael Klarman, author of the excellent book the Framer’s Coup: The Making of the United States Constitution, about how the Framers designed the Constitution to be less democratic than the existing state governments, how the Federalists managed to ratify the Constitution over strong opposition, the mistakes of the antifederalists, and whether we should mythologize the Constitution and its founders.
The end of an 18-week journey. Thanks to our colleagues, our producers, and the Firm. Reflections on the Convention, including the question of authorship, the past and current quality of political dialogue, the guiding design (or lack thereof) of the Constitution, the fear of corruption, the value of compromise, and the Notes as literature. Plans for season two, including ratification, the Bill of Rights, and more.
The Constitution goes public, and Congress sends it to the states for consideration. Adams and Jefferson react, and confirm that the delegates probably should have added a Bill of Rights. The Federalists and Anti-Federalists square off. The states ratify and create a new nation, though North Carolina and Rhode Island miss opening day. The delegates go on to lead the republic they helped create. The Patterson team covers 15 years of American history in 15 minutes.
A little-known clerk inscribes the parchment we all know. Franklin urges unanimity in supporting the Constitution and proposes a convenient form of signing, but Randolph, Gerry, and Mason aren’t impressed. Washington speaks up for a more representative House, and a final alteration is made. The delegates sign, with three holdouts. Franklin has the last word and speaks of a rising, not setting, sun. The delegates gather one last time at City Tavern.
Mason seeks a few hours to add a Bill of Rights. The delegates reject the idea, but regret it later. Everyone ends up with a different understanding of the commerce clause. The delegates have a raucous party at the City Tavern, rally the next morning for a long day, agree to ban domestic emoluments, settle on the President’s pardon power, and decide not to do this again. The Patterson team discusses the tonnage clause and whether a President can pardon himself.
Gerry worries about weakening the role of the states in the amendment process; Hamilton wants to leave them out altogether. Wilson declares it worse than folly for Congress to have a say in ratification. The Committee of Style offers a new draft. The delegates reconsider the Presidential veto power. Mason does some arithmetic. Congress's powers are questioned. The Patterson team discusses past and current attempts at a new convention.
The delegates debate the duties of the Vice President, where he belongs, and if he’s even necessary. Particular powers of the executive are considered, and the delegates fleetingly revisit impeachment. Mason resurrects the Privy Council to advise on appointments, but King kills it for good. Madison gets hung up on peace treaties. The Patterson team weighs in on some of the final debates before the articles head into the Committee of Style.
The delegates discuss the limits of ineligibility. Madison has a change of heart regarding general welfare. The delegates introduce the Vice President (finally). Morris methodically defends the electoral college, Rutledge tries to stall, and Gerry makes things needlessly complicated (again). Wilson fears a President that is but a minion of the Senate; Hamilton fears a monster. The Patterson team discusses at least a dozen ways to select the executive.
The delegates debate the addition of new states to the union. Connecticut sticks up for Vermont, Wilson freaks out, and Martin gets in some good zingers. The delegates decide how many states should be required for ratification after some complex proposals. Morris suggests speed, Gerry urges unanimity, Mason makes threats, and Randolph self-destructs. The Committee on Postponed Parts is formed. The Patterson team weighs in on the use of committees and how to name them.
The delegates return to the pardon power. Sherman proposes federalizing state militias. Dickinson tries to expand judicial impeachment. Pinckney protects religious liberty. Randolph loses his cool. The delegates debate supermajority requirements for laws regulating commerce after some Southern delegates walk away from their promises. The Patterson team discusses the seeds of the Civil War built into the Constitution’s treatment of slavery.
Luther Martin rails against slavery, and Georgia and South Carolina rail back. An awful compromise is reached based on some unexpected alliances. Mason advocates for sumptuary laws, but the other delegates decide that the law of necessity is enough. The delegates consider the financial crisis of their time, but let the issue pass by. The Patterson team considers a medley of timely provisions like the foreign emoluments clause and the pardon power.
Pinckney proposes incorporating individual rights, but the delegates don’t have much interest. Treason is narrowly defined by the Convention. The delegates debate ex post facto laws, and Wilson assumes a bit too much. The delegates revisit the issue of slavery, and discussions get tense. The Patterson team discusses the delegates’ departures from the English experience in the name of constitutional rights.
The delegates worry about insurrection, but dispute when the national government can step in. Gerry tries to limit the size of standing armies. Washington gets sarcastic. The Convention gives Congress the exclusive power to “declare” war, but gives the President considerable flexibility. The Patterson team discusses how the power to declare war has become blurred over time, and learns the difference between a letter of marque and a letter of reprisal.
The delegates narrowly decide against relaxing citizenship requirements. The Convention debates the Senate’s ability to alter spending bills. Dickinson urges experience as the only guide, as “reason may mislead us,” Madison notes some ambiguities, and Randolph and Rutledge worry about marketing. The delegates close the door on general and broad powers, but open the window to necessary and proper ones. George Read tries to exorcise paper money.
In this bonus episode, we had the pleasure of speaking with Professor Mary Bilder, the author of Madison’s Hand: Revising the Constitutional Convention, a detailed study of Madison’s Notes of the Constitutional Convention. We discussed the nature of legislative diaries like Madison’s Notes, Madison’s drafting process and subsequent revisions to the Notes, his relationship with Thomas Jefferson, and how all of this informs our current reading of the Notes.
Morris tries to save the country from aristocracy through aristocracy. Pinckney takes things too far on behalf of the 1%. Conflicting principles and pragmatic concerns prevent the adoption of property restrictions. The delegates debate citizenship requirements, disregarding the feelings of the foreign-born delegates. The Patterson team weighs in on foreign aid in the Revolution and the economic interpretation of the Constitution.
The delegates gradually return from recess, though New Jersey takes its time crossing the river. The Committee of Detail takes some liberties in drafting. The draft constitution is distributed, and Maryland receives it poorly. Madison fears too many congressmen. The delegates conclude there should be a permanent seat of government, but not where. The Patterson team considers some of the less prominent provisions of the draft constitution.
The delegates brainstorm ever-wilder methods for selecting the executive, but end up back where they started. Franklin argues that leaving public office is a promotion, and gets sassed by Morris. Mason proposes property qualifications for elected officials, but Madison stands up for … slightly broader property qualifications. The Convention adjourns for ten days to allow the Committee of Detail to write everything down, Washington goes fishing, and Madison frets.
New Hampshire finally shows up, without a per diem. The delegates debate the process for ratification and whether state legislatures can be trusted to do anything right. Nathaniel Gorham asks what will happen if Rhode Island won’t play along. Everyone tries to figure out how to select the executive and things get creative. The Patterson team considers the merits of election by lottery and whether the delegates can tell when someone is joking.
The delegates revisit the Executive Power. The Judicial Branch finally comes up again and the delegates debate how to pick judges. Nathaniel Gorham proposes that the Executive pick judges with the Senate’s “advice and consent,” though nobody really knows what this means. The Council of Revision makes another appearance but the delegates want judges to stay in their lane. Chief Justice Jay writes to Washington, and civility reigns, except when it doesn’t.
The delegates finally compromise on representation when the large states throw in the towel. Roger Sherman tries to protect state police powers. The delegates reject a veto of state legislation but unanimously support making federal laws supreme. The Patterson team discusses whether the Connecticut compromise still makes sense and the evolution of the federal supremacy and the preemption doctrine. The Treaty Power gets an in-depth look.
Debate continues on whether and how to account for enslaved people in determining representation in the legislature. The North-South divide widens. The delegates tie representation to taxation and approve the 3/5th's ratio for both. The delegates try to semantically conceal their compromise, but fool no one. The Northwest Ordinance is passed in Congress, with suspicious timing. The team weighs in on the legacy of the 3/5th's clause and the delegates’ failure to reckon with the immorality of slavery.
The delegates debate how to apportion representation in the lower house. The Morris Committee proposes an allocation based on guesswork. The King Committee proposes an alternative based on counting three-fifths of enslaved people. The delegates debate whether and how to factor enslaved people into representation, but no one speaks for the unrepresented. Potential western states complicate matters. The census is proposed.
The delegates celebrate Independence Day. Gerry presents the committee’s proposal to the Convention, with diffidence. A subcommittee is formed to address the calculation of proportional representation. The Patterson team ponders the Spirit of ’76, the benefits of some time off, and the delegates’ increasing willingness to reach a compromise.
Delegates start to flee the Convention. Hamilton and Washington get pessimistic. The delegates deadlock over proportional versus equal state representation. Connecticut renews its proposal. The Gerry Committee tackles question of legislative representation after being stacked with small-state friendly delegates. The Patterson team discusses the shifting tide in favor of the smaller states and the eccentricities of Pennsylvania delegate Gouverneur Morris.
On this special bonus episode, we had the pleasure of interviewing Joshua Matz, author with Professor Laurence Tribe of the excellent new book To End a Presidency: The Power of Impeachment. Joshua discussed what we can learn from the Constitutional Convention about the meaning of the Impeachment Clause and the purpose of impeachment, as well as what we can learn from the so-called “common law” of impeachment—examples of impeachments, near impeachments, and impeachment discussions in our country’s history.
The delegates debate whether Senators should be paid. South Carolina argues for rule by the wealthy. The delegates agree on six-year Senate terms. Ben Franklin suggests the convention seek divine inspiration. The Patterson team considers how much democracy is too much democracy.
Luther Martin delivers a two-day speech with much diffuseness. Madison argues the small states have nothing to fear. Connecticut proposes a compromise. The mood amongst the delegates continues to deteriorate. Madison accuses Connecticut of failing to support to war effort. Delaware threatens to ally with foreign nations. Ben Franklin tries to bring the sides together. The Patterson team weighs the merits of proportional representation.
The convention falls into chaos. Madison’s judgment slips, and he makes not-so-veiled threats against small states. Additional delegates try to push their own extreme visions. Connecticut tries to restore peace.
Hamilton finally speaks up, keeps speaking straight through lunch, damages his reputation, and is otherwise ignored. The benefits and perils of an elective monarchy and legislature. The Patterson team revisits the utility of the electoral college, muses about Old Bacon Face, and wonders whether people “begin to be tired of an excess of democracy.”
The Large States and Deep South support one another. Gerry takes on the three-fifths compromise. New Jersey stalls for time and introduces an alternative plan for a federal government. The Patterson team takes the New Jersey plan seriously.
Delegates debate whether lower federal courts are worth the money and how to select judges. Franklin makes an unorthodox proposal. The council of revision resurfaces and the judicial veto is rejected. The delegates debate the method of electing Senators. Wilson makes another stand for popular election. The convention stalls on a proposal to allow Congress to veto State laws. The Patterson team discusses lifetime appointments, the Supreme Court and the perceived importance of State involvement in the Senate.
Virginia presses its plan with broad outlines for the executive, legislative, and judicial branches. Fear and loathing of a return to a monarchy. The delegates nonetheless opt for a single executive, with a veto, but defer how they will be elected. Wilson makes a stand for popular election, and is entirely ignored. The Patterson team discusses the impact of the electoral college in recent elections, the powers of the modern presidency, and the declining use of the presidential veto.
The convention opens. The Virginia delegation introduces its plan for Government including a national executive, national judiciary, and, crucially, proportional representation in the national legislature. The small states are not pleased. Pinckney’s plan is ignored. The Patterson team takes an historical detour to discuss Dorr’s rebellion and the justiciability of constitutional provisions.
Introducing a new podcast from Patterson Belknap Webb & Tyler LLP. Who we are and what we do. The constant presence of the constitution in our daily civic life, and the benefits of discussing and learning from it. General approach for the podcast. The limitations of the Articles of Confederation, Shay’s rebellion, and the fear of anarchy among the political elite. The Annapolis Convention, and the Confederation Congress’s blessing of the Constitutional Convention (within limits). The selection of delegates for the Convention, and who was (and wasn’t) represented. Washington meets with Franklin, and the large states plot their first move.