Advanced Topics in Liberty

The Federalists and the Anti-Federalists (Fall 2010)

Discussion Leader: Vincent Munoz, University of Notre Dame

The purpose of this conference will be to explore the meaning of federalism, looking primarily at documents related to the American Founding, but extending to the debate over Union in the 1830s and the “federalism” decisions of the Rehnquist court.

Questions will address the issues of the Founders’ intent. What did the Founders, both Federalists and Anti-Federalists, consider the nature of the federal union to be? Are their views consistent or inconsistent with those expressed in the 1830s, as the signs of the conflict that led to war in 1861 were becoming apparent? How are the debates of the Founders relevant to the current debates in the United States about the nature of federalism?

The schedule of readings and sessions is designed to provide participants the opportunity to examine a number of documents related to the topic. First, participants will review several founding documents. Then, they will move on to consider various essays from The Federalist on the nature of the federal union and national versus state power. They will consider criticisms of centralized power, first in several Anti-Federalist writings, and in the Webster-Hayne debates and Calhoun’s “Fort Hill Address.” Participants will also review two cases where the “commerce clause” of the Constitution was broadened significantly, which had dramatic effects on Congress’s power to regulate. Finally, participants will explore contemporary issues related to federalism, and examine several Supreme Court cases with implications for federalism.

  

 

Session 1:       Revolution and Constitution

Jefferson, Thomas. “Declaration of Independence,” The Federalist. George W. Carey and James McClellan, eds. Indianapolis: Liberty Fund, 2001. pp 495-499

Articles of Confederation,” The Federalist. George W. Carey and James McClellan, eds. Indianapolis: Liberty Fund, 2001. pp 500-509

Numbers 1, 9, and 10, The Federalist. George W. Carey and James McClellan, eds. Indianapolis: Liberty Fund, 2001. pp 1-4 and 37-49

  

Session 2:       Federalist Ideas

Numbers 15-20, 37-39, and 45-46, The Federalist. George W. Carey and James McClellan, eds. Indianapolis: Liberty Fund, 2001. pp 68-99, 179-198, and 237-248.

  

Session 3:       The Anti-Federalist Response

Storing, Herbert, ed. “Federal Farmer I,” “Federal Farmer II,” “Brutus I,” and “The Dissent of the Minority of the Convention of Pennsylvania,” The Anti-Federalist. Chicago: University of Chicago Press, 1985. pp 32-43, 108-117, and 201-223

  

Session 4:       The End of Federalism?

Belz, Herman, ed. The Webster-Hayne Debate on the Nature of the Union. Indianapolis: Liberty Fund, 2000. pp 73 [starting with 2nd paragraph]-80 and 123 [starting with the last paragraph]-144

Calhoun, John C. “Fort Hill Address,” Union and Liberty: The Political Philosophy of John C. Calhoun. Indianapolis: Liberty Fund, 2002. pp 367-400

  

Session 5:       Federalism Today

Hammer v. Dagenhart, 247 U.S. 251 (1918) http://supreme.justia.com/us/247/251/case.html

Wickard v. Filburn, 317 U.S. 111 (1942) http://supreme.justia.com/us/317/111/case.html

US v. Lopez (993-1260), 514 U.S. 549 (1995), excerpts:

           Syllabus:

           Majority Opinion (selections):

           Kennedy Concurrence (selections):

           Thomas Concurrence (selections):

           Breyer Dissent:

http://www.law.cornell.edu/supct/html/93-1260.ZS.html

  

Session 6:       Constitutions and Progress

Vanberg, Viktor J. “Constitutionally constrained and safe-guarded competition in markets and politics.”  The Constitution of Markets: Essays in Political Economy. London: Routledge, 2001. pp 1-16

Weingast, Barry R.. "The Economic Role of Political Institutions: Market-Preserving Federalism and Economic Development." Journal of Law, Economics & Organization 11, no. 1 (April April, 1995): pp 1-31.