How to Build a Nation in 15 Weeks show

How to Build a Nation in 15 Weeks

Summary: 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.

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Podcasts:

 Week 16, Part 1: Look for Unanimity, if You Can Find It | File Type: audio/mpeg | Duration: 40:20

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.

 Week 15, Part 2: Don’t Forget a Bill of Rights | File Type: audio/mpeg | Duration: 01:02:11

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.

 Week 15, Part 1: Leave the Door Open for Change | File Type: audio/mpeg | Duration: 52:06

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.

 Week 14, Part 2: Find Something for the Vice President to Do | File Type: audio/mpeg | Duration: 31:43

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.

 Week 14, Part 1: Don’t Elect a Minion or a Monster | File Type: audio/mpeg | Duration: 50:22

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.

 Week 13, Part 2: Fill in the Blanks | File Type: audio/mpeg | Duration: 30:27

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.

 Week 13, Part 1: Don’t Go Back on Your Word | File Type: audio/mpeg | Duration: 37:02

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.

 Week 12, Part 2: Don’t Defer Critical Issues for Two Decades | File Type: audio/mpeg | Duration: 36:58

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.

 Week 12, Part 1: Good Rules Shouldn’t Go Without Saying | File Type: audio/mpeg | Duration: 42:34

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.

 Week 11, Part 2: Fight about Fighting | File Type: audio/mpeg | Duration: 40:08

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.

 Week 11, Part 1: Wrap Up Some Loose Ends (and Create a Few More) | File Type: audio/mpeg | Duration: 45:10

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.

 Bonus Episode: Interview with Professor Mary Bilder | File Type: audio/mpeg | Duration: 01:05:30

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.

 Week 10, Part 2: Don't Forget Who Got You This Far | File Type: audio/mpeg | Duration: 48:13

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.

 Week 10, Part 1: Always Sweat the Details | File Type: audio/mpeg | Duration: 01:01:26

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.

 Week 9, Part 2: Get It in Writing | File Type: audio/mpeg | Duration: 55:47

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.

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