Spring 2009

Constitutional History of the United States:

Citizenship

Monday: 3-5 PM

 

Exam Questions

 

 

 

Professor:       Elizabeth Dale

                        edale@history.ufl.edu

Office hours:   Monday: 12:45-2:30 at Levin College of Law

and by appointment

 

 

 

 

Required materials:

Rogers M. Smith, Civic  Ideals

Larry Kramer, The People Themselves

 

Also required: articles listed in syllabus and cases/statutes that are linked to below. Articles are not linked to (for reasons of copyright), these articles are all accessible online through the UF library system. (Note: all materials listed below are required unless they appear under the heading “additional readings.” On additional readings, see below.)

 

 

Assignments:

 

1. For law students:

 

All law students registered for the class are required to write one end of semester paper (roughly 10 pages) on a topic to be assigned. Alternatively, law students may write a 15-20 page, law review like paper on a topic covered in this course. Law students who wish to pursue the second option should contact me to discuss this paper before Spring Break.

 

2. For graduate students:

 

All students registered for the graduate history seminar are required to write one 20-25 page seminar paper, on a topic chosen with my approval (worth 80% of the grade) and are also required to participate in discussion during the extra history hour course (20% of the grade).

 

 

Focus of the course:

 

We are going to be looking at US Constitutional History from roughly the founding era (actually a bit before) through the 20th century. To make that manageable, we're going to look at citizenship in particular.

 

We are going to be reading primary sources (cases, statutes, the constitution, and some other primary documents) and some secondary sources. The primary source materials will let us discuss who has the power to define citizenship, the secondary materials will let us consider the different approaches of legal history (theory and methods, so to speak). My expectation is that we will generally read 1-3 article length things a week (but see pt 3, below), though I am going to assign two books. We will start the semester with one and finish the semester with the other. I've listed the books and provided information about them below, I'll need you to actually buy the books yourselves.

 

The course is arranged in a rough chronological order, but at times (particularly in the second half of the semester) we will be looking at themes that develop over time. Each week I have identified required readings (typically a key decision and 1-2 related articles).  The readings listed directly under the date are required. Additional readings are optional, and intended for those who wish to pursue a specific topic for research.

 

 

Schedule:

 

Week 1:  Jan. 12: Introduction to the course

Read Smith, Chapter 1. You should also skim Rogers, Introduction

 

 

Week 2: Jan 23 (note that Monday, Jan. 19 is a school holiday and the law school has rescheduled the course for Friday, Jan. 23)

The concept of citizenship in Early America

Smith, Chapters 2-3

 

Additional readings:

Nancy Isenberg, Sex and Citizenship in Antebellum America (1998)

 

 

Week 3: Jan 26: Defining citizenship in Early America:

Martin v. Masssachusetts (1805)

Linda Kerber, The Paradox of Women’s Citizenship in the Early Republic, American Historical Review, vol, 97 (1992): 349

If you have time, skim Smith, chapter 4-5

 

Additional readings:

Calvin’s Case (1608)

Historic Pennsylvania Constitutions, Duquesne Law School

Seneca Falls Declaration (1848)

 

 

Week 4: Feb 2: Native Americans, sovereignty and citizenship in Early America

Cherokee Nation v. Georgia (1831)

Worcester v. Georgia (1832)

Stephen G. Bragaw, Thomas Jefferson and the American Indian Nations: Native American Sovereignty and the Marshall Court Journal of Supreme Court History vol. 31 (2006): 155

If you have time, skim Smith, chapter 7.

 

Additional readings:

Indian Citizenship Act of 1924

Kevin Bruyneel, Challenging American Boundaries: Indigenous People and the “Gift” of U.S. Citizenship Studies in American Political Development 18 (2004): 30.

 

 

Week 5: Feb 9: African  Americans, rights and citizenship in the Antebellum Era

Roberts v. City of Boston (1850)

Hilary J. Moss, The Tarring and Feathering of Thomas Paul Smith: Common Schools, Revolutionary Memory and the Crisis of Black Citizenship in Antebellum Boston New England Quarterly 80 (2007): 218.

Smith, Chapter 9

 

Additional readings:

Scott v. Sanford (1857) (the Dred Scott Case)

David Gellman, Race, the Public Sphere, and Abolition in Late Eighteenth-Century New York Journal of the Early Republic vol, 20 (2000): 607

Michael Pierson, “Slavery Cannot be Covered Up with Broadcloth or a Bandanna,” Journal of the Early Republic 25 (2005): 383-415 (1850s)

 

 

Week 6: Feb 16: Citizenship and rights after the Civil War, Part I

Elk v. Wilkins (1884)

Robert J. Kaczorowski, To Begin the Nation Anew: Congress, Citizenship and Civil Rights After the Civil War American Historical Review vol. 92 (1987): 45

 

Additional readings:

James W. Fox, Jr., Exploring the History, Evolution, and Future of the Fourteenth Amendment: Democratic Citizenship and Congressional Reconstruction, 13 Temple Political and Civil Rights Law Review 453 (2004)

David R. Quigley, The Proud Name of “Citizen” Has Sunk American Nineteenth Century History (Great Britain) vol. 3 (2002): 69   

 

 

Week 7: Feb 23: Citizenship and rights after the Civil War, Part II

Plessy v. Ferguson (1896)

United States v. Wong Kim Ark (1898)

Smith, Chapter 10

 

Additional Readings:

Mary Frances Berry, Military Necessity and Civil Rights Policy: Black Citizenship and the Constitution, 1861-1868 (1977)

Laura Edwards, Status without Rights: African Americans and the Tangled History of Law and Governance in the Nineteenth-Century US South American Historical Review vol. 112 (2007): 365

Karin Zipg, Reconstructing the Free Woman: African American Women, Apprenticeship and Custody Rights During Reconstruction Journal of Women’s History 12 (2000): 8

 

 

Week 8:  March 2: Workers and Citizenship 

Holden v. Hardy (1898)

Lochner v. New York, 198 U.S. 45 (1905)

Smith, chapter 11. Also skim Smith, chapter 12

 

Additional readings:

Lizabeth Cohen, Making a New Deal: Industrial Workers in Chicago, 1919-1939 (1990)

Gerald Berk, “Corporate Liberalism Reconsidered: A Review Essay,” Journal of Policy Studies 3 (1991): 84

Randolph Bergstrom, Courting Danger

Barbara Welke, Recasting American Liberty: Gender, Race, Law and the Railroad Revolution, 1865-1920 (2001)

William Wiecek, The Lost World of Classical Liberal Thought, 1886-1937

James R. Barrett and David Roediger, Inbetween Peoples: Race, Nationality and the “New Immigrant” Working Class Journal of American Ethnic History 16 (1997): 3.

 

 

Week 9: March 9: Spring break, no classes

 

Week 10: March 16: Women as citizens?

Minor v. Happersett (1874)

Muller v. Oregon (1908)

Adam Winkler, A Revolution Too Soon: Woman Suffragists and the “Living Constitution,” 76 NYU L. Rev. 1456 (2001).                                                

Reva B. Siegel, She the People: The Nineteenth Amendment, Sex Equality, Federalism and the Family 115 Harv. L. Rev. 947 (2002).

 

Additional readings:

Linda Kerber, No Constitutional Right to be Ladies? (1998)

Gretchen Ritter, Jury Service and Women’s Citizenship Before and After the Nineteenth Amendment Law and History Review 20 (2002): 479

 

 

Week 11: March 23: Rights and citizenship

Palko v. Connecticut (1937)

United States v. Carolene Products, 304 US 144 (1938)

Kenneth W. Mack, “Rethinking Civil Rights Lawyering and Politics in the Era Before Brown,” Yale L. J. 115 (2005): 256

 

Additional readings:

Murdock v. Pennsylvania, 319 US 105 (1943)

Duncan v. Louisiana, 391 U.S. 145 (1968)

Griswold v. Connecticut

Risa Goluboff, The Lost Promise of Civil Rights (2007)

 

 

Week 12: March 30: Citizenship, education and rights

Minersville School District v. Gobitis (1940)

Brown v. Board of Education (1954)

Jack Balkin, Plessy, Brown and Grutter: A Play in Three Acts 26 Cardozo Law Review 1689 (2005).

 

 

Additional readings:

Wisconsin v. Yoder 406 US 205 (1972).

Plyler v. Doe, 457 US 202 (1982)

 

 

Week 13: April 6: Citizenship and war

Ex Parte Merryman (1861)

Abrams v. United States (1919)

Korematsu v. United States  (1944)

Michael Traynor, Citizenship in a Time of Repression 35 Stetson Law Review 775 (2006)

 

Additional readings:

Suzanne, Mettler, The Creation of the G.I. Bill of Rights of 1944: Melding Social and Participatory Citizenship Ideals Journal of Policy History vol. 17 (2005): 345

Lucy E. Salyer, Baptism by Fire: Race, Military Service and U.S. Citizenship Policies, 1918-1935 Journal of American History vol. 91 (2004): 847

Christopher Capozzola, The Only Badge Needed is Your Patriotic Fervor: Vigilance, Coercion and the Law in World War I America, Journal of American History vol. 88 (2002): 1354

 

 

Week 14: April 13: Identity and citizenship, Part II

Linda Kerber, The Meaning of Citizenship, Journal of American History vol. 84 (1997): 833

Kimberle Crenshaw, Race, Reform and Retrenchment Harvard Law Review vol. 101 (1988): 1331.

 

 

Week 15: April 20: Last class

Kramer, The People Themselves

 

Week 16: papers due