Madisonian Interpretation of the Constitution, page 7 2018 Summer Institute, page 10 Civics and Civility, page 20 - James Madison Fellowship
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M A D I S O N Notes NO. 27 | SPRING 2019 IN THIS ISSUE Madisonian Interpretation of the Constitution, page 7 2018 Summer Institute, page 10 Civics and Civility, page 20 a yearly publication of the james madison memorial fellowship foundation
MISSION The James Madison Memorial Fellowship Foundation was established by Congress in 1986 for the purpose of improving teaching about the United States Constitution in secondary schools. The purpose of the Madison Fellowship program is to strengthen teaching of the history and principles of the Constitution by supporting master-of-arts level graduate study for secondary school teachers of history, government, and social studies. Notes M A D I S O N Send updates to krobison@jamesmadison.gov kalldredge@jamesmadison.gov Design Perceptions Design Studio
INSIDE 5 President’s Letter 23 Meet the 2018 Fellows’ Fellow 7 Madisonian Interpretation of the Constitution 24 Partnering with #GivingTuesday 10 2018 Summer Institute 27 How to Make Our Students Great Writers 20 Civics and Civility: How to Be in Society 28 Madison and Modern American Democracy
MADISON NOTES | 5 From the President A t the heart of the James Madison Foundation’s work is a be- lief that the strength and integrity of American government depends upon citizens’ knowledge of their government and of their rights and responsibilities under it. Yet, as is repeatedly demonstrat- ed, that knowledge is sorely lacking today. This is where the mission of the James Madison Foundation, and the day-to-day work of our James Madison Fellows, becomes vital. The original mission of public schools was to create good citizens. Our nation’s founders understood that learning how to be a good citi- zen was just as important as learning how government works. Recent studies have shown that there is a correlation between the lack of investment in civics education and the current partisan discord in our country. What is the answer? It’s important that we return to civics in the classroom. Civility is an important part of civics. Civility means manners, politeness, and courtesy in behavior and speech. We can be civil with each other. We can have a civil discourse and disagree without being disagreeable. Having a robust debate over the complex issues that face our Republic is an important part of a healthy democratic re- public, but we can have a robust debate and still be civil to each other. Our James Madison Fellows understand that civility is the binding agent that creates E Pluribus Unum or “Out of Many, One” in our nation and they are leading the way. Amidst all the noise and static of today’s political debates, young Americans are looking to, and listening to, our James Madison Fellows as their teachers and mentors. As we build upon our accom- plishments from the past year, we thank you for supporting our mis- sion and the work of our James Madison Fellows to educate young Americans about the United States Constitution. Lewis F. Larsen President, James Madison Foundation
MADISON NOTES | 7 James Madison, Justice Scalia, and Constitutional Interpretation of the people, speaking through the sev- cite), or the Antifederalist essays? Are they JEFFRY H. MORRISON, PH.D. eral State Conventions. If we were to look, proper Madisonian sources for modern- Director of Academics, James Madison therefore, for the meaning of the instru- day constitutional commentators? Strictly Foundation ment beyond the face of the instrument, speaking, it would seem not: those essays Professor, Department of Leadership and we must look for it, not in the General [i.e. did not enliven, validate, or give legiti- American Studies, Christopher Newport Federal] Convention, which proposed, but macy to the Constitution. But might they University, Newport News, Virginia in the State Conventions, which accepted help us to understand how the words in and ratified the Constitution.1 the Constitution were understood by the Whatever veneration might be enter- The speech was only eight years removed ratifiers, and hence the people, which tained for the body of men who formed our from ratification of the Constitution, dur- Madison says are the only legitimate un- Constitution, the sense of that body could ing the second Washington administra- derstandings? Fortunately, the Father of never be regarded as the oracular guide in tion and the controversy swirling around the Constitution left more guideposts to expounding the Constitution. As the instru- the Jay Treaty, a considerable part of which his theory of constitutional interpretation, ment came from them it was nothing more involved constitutional interpretation. although some were not discovered until than … a dead letter. Madison had been a close, though infor- the mid-twentieth century. mal advisor to President Washington, and In January of 1800, the year of the A lthough a likelier source for such a view of constitutional interpretation might be a modern-day proponent of a “liv- had begun to see his erstwhile colleague and Federalist coauthor Hamilton’s ex- turbulent presidential contest, Madison authored a Report on the Alien and pansive interpretation of the Constitution Sedition Acts. By this time he had la- ing constitution” (a view anathema to the dominating the administration. Madison bored mightily with Jefferson to create late Justice Antonin Scalia), these words opposed not only the terms of the Treaty, the first truly national political party, the belong to James Madison, Father of the which he thought too pro-British, but the Democrat-Republican Party in opposi- Constitution. Madison, who of course went Senate’s sole right to ratify it because of tion to the Federalists, an opposition party to extraordinary lengths to record, first in the appropriations language (recall that that was about to unseat John Adams in shorthand, and then in longhand, each the Constitution reserves appropriations the “Revolution of 1800” and put Jefferson day’s debates in the Federal Convention of to the House). That was the context; let us in the presidential chair. This Report fol- 1787 (he said the labor nearly killed him), attend to his theory of constitutional in- lowed on his Virginia Resolutions against nevertheless, ignored the “original intent” terpretation. Madison called the unratified the Alien and Sedition Acts in 1798. The of the constitutional Framers. Moreover, Constitution a “dead letter,” and he denied Report of 1800 alluded many times to Madison, as will become clear, believed in that a proper gloss on its meaning can constitutional interpretation, which was a sort of “living constitution” of his own, al- come from the Convention notes (even, always to be bottomed on what Madison though decidedly not “living” in the sense one might add, his notes); that gloss must called the “principle” of “the authority of that contemporary proponents mean. To come, if come it must, from the meaning constitutions over governments, and of give the fuller quotation, which comes from of the words of the Constitution as under- the sovereignty of the people over consti- a speech on the Jay Treaty that Madison stood by the members of the state ratify- tutions,” which are “truths which are at all gave in the House of Representatives in ing conventions. (This belief of Madison’s times necessary to be kept in mind.”2 He April of 1796: is sometimes given as a reason that he de- immediately criticized “forced construc- Whatever veneration might be enter- layed publishing his detailed notes of the tions of the Constitutional charter” by tained for the body of men who formed Convention debates during his lifetime.) Congress and president that were marked our Constitution, the sense of that body Let us also acknowledge that Madison did by too great “latitude” and that indicated “a could never be regarded as the oracular indeed believe in a “living Constitution” design to expound certain general phras- guide in expounding the Constitution. of sorts—for what is a constitution that es … so as to destroy the effect of the par- As the instrument came from them it was has “life” but a “living constitution”? But ticular enumeration explaining and limit- nothing more than the draft of a plan, surely this question is begged: What of ing their meaning.” Madison was referring nothing but a dead letter, until life and other contemporary writings, such as The to the “common defense” and “general validity were breathed into it by the voice Federalist (which Justice Scalia so liked to welfare” clauses of Article I, Section 8 of
8 | MADISON NOTES Antonin Scalia James Madison, Jr. the Constitution, which, in turn, had been interpretation but widened the scope of Convention when he wrote, “whatever copied from the Articles of Confederation. materials available to the interpreter. He may have been the intention of the fram- These phrases had been “misconstrued” by wrote: ers of a constitution[,] … that intention is Federalists (read Hamilton—though not If the meaning of the Constitution to be sought for in the instrument itself, Washington—and Adams and Congress). was to be looked for elsewhere than according to the usual & established rules How misconstrued? By ignoring the “par- in the instrument, it was not in the of construction… . [A]rguments drawn ticular enumeration of powers” doctrine of General Convention, but the State from extrinsic circumstances, regarding the Constitution, by instead giving those Conventions … . [T]he latter [were] the the intention of the [Federal] convention, phrases an “indefinite meaning,” and by as- authoritative Bodies which made it a law, must be rejected.”5 suming an overly broad “latitude of power or rather through which the Nation made By 1821, some two years after the in the national councils.” None of these il- it its own Act. It is the sense of the nation “Detached Memoranda,” Madison was legitimate interpretations comported with therefore[,] not the sense of the General even more alarmed by “ominous” depar- “[t]he true and fair construction of this Convention, that is to be consulted; and tures in constitutional interpretation from expression.”3 Once again, we see that for that sense, if not taken from the act itself, a textualist reading. Writing to John G. Madison, constitutional legitimacy flows is to be taken from the proceedings of the Jackson, he noted: from the sovereignty of the people: over State Conventions & other public indica- The departures from the true & fair the constitution, which in turn is sover- tions as the true keys to the sense of the construction of the instrument have always eign over the government. (In this respect, Nation.4 given me pain, and always experienced my incidentally, Justice Scalia was thoroughly Note well: Madison explicitly added opposition when called for. The attempts Madisonian. When confronting a non- “other public indications” to the list of in the outset of the Govt. to defeat those originalist pronouncement of a new right, sources of legitimate constitutional inter- safe, if not necessary, & those politic[,] if or interpretation, he would ask something pretation; he broadened the field beyond not obligatory[,] amendments introduced like this: When did the American people the state ratifying conventions, as guides in conformity to the known desires of the vote on X? Why should an unelected to the original meaning the nation gave to Body of the people, & to the pledges of panel of judges get to change the meaning the Constitution. Madison also never sug- many, particularly myself when vindicating of the constitutional text without going gested that meaning should be sought out- & recommending the Constitution, was through the amendment process or having side the text of the Constitution; there was an occurrence not a little ominous. And it Congress pass a law?) always that hypothetical if and use of the was soon followed by indications of politi- After his retirement from politics, subjunctive tense. We might add that his cal tenets, and by rules, or rather the aban- Madison wrote what have come to be Federalist coauthor Alexander Hamilton donment of all rules of expounding it, wch. called his “Detached Memoranda” (ca. focused every bit as much on the mean- were capable of transforming it into some- 1819), private reflections on his career not ing given the Constitution by the ratifiers thing very different from its legitimate published until the mid-twentieth century. (i.e., the nation) against that of the con- character as the offspring of the National In those memoranda Madison maintained stitutional Framers. Likewise, Hamilton Will. I wish I could say that constructive his textualist principles of constitutional downplayed the intentions of the Federal innovations had altogether ceased.6
MADISON NOTES | 9 Madison knew that there are only which the words and phrases of all living American people when they gave life and two ways to change a written constitu- languages are constantly subject. What a validity to the Constitution by ratifying it tion: changing the actual words through metamorphosis would be produced in the through the state conventions, which can amendment or by changing their mean- code of law if all its ancient phraseology be discovered in the ratification debates ing through “construction.” The first is le- were to be taken in its modern sense. That and other contemporary writings. But any gitimate; the second illegitimate. As the the language of our Constitution is already meaning other than that original meaning, first quotation noted (1796), Madison undergoing interpretations unknown to as Madison wrote in 1821, is “false, un- had seen the end of the Washington its Founders, will, I believe, appear to all fair, and illegitimate.” To conclude: James presidency, one term of an even more unbiased inquirers into the history of its Madison believed in a kind of living con- Federalist administration under John origin and adoption not to look farther stitution; indeed, he might even be said to Adams and the dreaded Alien and for an example (e.g., take the word “con- be the Father of the Living Constitution. Sedition Acts, and had finished his own solidate” in the Address of the Convention But Madison’s Constitution is not one that stormy two terms as president. The fourth prefixed to the Constitution). It there and is “living” in the way that contemporary president viewed so-called “constructive then meant to give strength and solidity Americans or Britons want their constitu- innovations” with increasing alarm. to the Union of the States. In its current tion to be, namely, subject to fiat change by The Madisonian mother lode, how- and controversial application it means a the legislature (Parliament or Congress), ever, comes in a letter he wrote in 1824 to destruction of the States, by transfusing or even less, subject to construction by an Henry Lee IV of the famous Lee family their powers into the government of the activist judiciary. And that Madisonian of Virginia. It is the best statement of his Union.⁷ position turns out to be the one argued principles of interpretation because, un- Madison was crystal clear: “in that sense with such gusto by Justice Scalia over his like the Detached Memoranda, Madison alone it is the legitimate Constitution.” A decades-long career on the Supreme Court. anticipated that this letter would likely non-originalist, or a non-“fair meaning become public. He had retired from his textualist” interpretation is therefore il- ENDNOTES tumultuous presidency (the Capitol had legitimate according to the Father of the 1 James Madison, Speech in Congress, April 6, 1796, been burned on his watch), he was think- Constitution, and, he implied, “unjust.”⁸ in Writings of James Madison, ed. Gaillard Hunt, 9 ing about the legacy of the Founding Any other kind of interpretation will result vols., vol. 6 (New York: G. P. Putnam’s Sons, 1900– (Lafayette visited him at Montpelier that in a change in form of the government (a 10), 272 [hereinafter WJM]. year), and about political party disputes, metamorphosis) and will undermine the 2 Madison, Report on the Alien and Sedition Acts, and he wanted the Constitution he helped stability of the government; and although January 7, 1800, in James Madison: Writings, ed. Jack N. Rakove (New York: Library of America, to father, as he put it, “justly” interpreted. he said it elsewhere (in the Report on the 1999), 614 [hereinafter Writings]. So he wrote to Lee, Alien and Sedition Acts of 1800, as noted), 3 Madison, Report on the Alien and Sedition Acts, The Constitution itself … must be an Madison believed that it would result in a in Writings, 616–18. unfailing source of party distinctions … . change from a republic into a monarchy by 4 Madison, “Detached Memoranda,” ca. 1819, in There is nevertheless sufficient scope for inevitably transferring the many state pow- Writings, 750–51 [emphasis added]. combating the spirit of party, … and par- ers into a single national power. ticularly to give to the Constitution that To conclude, Madison’s hierarchy of 5 Alexander Hamilton, “Opinion on the Constitutionality of an Act to Establish a Bank,” just construction, which … may put an end authority and his related principle of con- 1791, in The Papers of Alexander Hamilton, to the more dangerous schisms otherwise stitutional interpretation were thoroughly ed. Harold C. Syrett, 27 vols., vol. 8 (New York: growing out of it. consistent: the people (“We the People”) Columbia University Press, 1961–87), 111. For this last object, I entirely concur in are always sovereign over the Constitution, ⁶ Madison to John G. Jackson, December 27, 1821, the propriety of resorting to the sense in which in turn is sovereign over the govern- in WJM, 8:74–75. which the Constitution was accepted and ment. This hierarchy led Madison—and ⁷ Madison to Henry Lee, 1824, in Writings, 803. ratified by the nation. In that sense alone Scalia after him—to privilege the inter- ⁸ On “fair meaning” textualism, as opposed to an it is the legitimate Constitution. And if pretation of the text of the Constitution outmoded strict constructionism, see Antonin that is not the guide in expounding it, given it by the people (sometimes he said Scalia and Bryan A. Garner, Reading Law: The there can be no security for a consistent the “nation”) through the ratifiers and to Interpretation of Legal Texts (St. Paul, MN: and stable, more than for a faithful exer- insist on a fixed meaning given to it by Thomson/West, 2012), 356: “Adhering to the fair cise of its powers. If the meaning of the those people, always leaving room for le- meaning of the text does not limit one to the hy- perliteral meaning of each word in the text.” Rather, text is sought in the changeable meaning gitimate change through the amendment the “full body of a text contains implications that of the words composing it, it is evident process, which is ultimately an exercise of can alter the literal meaning of individual words.” that the shape and attributes of the gov- popular sovereignty. The fixed meaning of ernment must partake of the changes to the text is the meaning understood by the
10 | MADISON NOTES 2018 Summer Institute on the United States Constitution AT GEORGETOWN UNIVERSITY F rom June 16 to July 13, 2018 fifty-four Fellows participated in the Summer Institute on the Constitution at Georgetown University. Each Fellow worked hard as they engaged in a serious, disciplined and rigorous study of the origins of the American constitutional system under the direction of Dr. Jeffry Morrison (the Foundation’s Director of Academics and professor at Christopher Newport University), assisted by fellow faculty members, Dr. Daniel Dreisbach (American University), Dr. Kevin Hardwick ( James Madison University), and Dr. Terri Halperin (University of Richmond). The highlights of the 2018 Summer Institute included a visit to the Supreme Court where Chief Justice John Roberts surprised the Fellows (and staff ) and spoke to the Fellows for 45 minutes; an energetic walking tour of Arlington Cemetery with author, historian, and Virginia teacher of the year Phil Bigler; a visit by Former Secretary of Education (and alumni Madison Fellow) John King, Jr.; an exciting day at Monticello (with the obligatory lunch at Michie Tavern!) and Montpelier; a moving tour of the African American Museum; a visit to the beautiful Library of Congress; a day trip to Mt. Vernon; the 22nd Annual Madison Lecture, enthusiastically and powerfully presented by Dr. Jeff Rosen, President and CEO of the National Constitution Center; and lastly, a lecture by the staff of the White House Historical Association followed by a tour of the White House. It was a busy month for our Fellows to say the least! But well worth the effort to participate in such meaningful and once-in-a-lifetime opportunities!
MADISON NOTES | 11 Kevin Casey, ‘17 (NJ) contemplates what the historic interpreter shares on the front portico of Monticello. Michie Tavern! A Summer Institute tradition! Fellows enjoy classic Southern fare including fried chicken, biscuits, green beans, beets, peach cobbler and cold iced tea. Left to right: Ann Krois, ‘17 (IA), Donald W. Clark, ‘17 (ME) and Wesley B. Hall, “17 (MO) Jane Highley, ‘17 (PA) poses with Mr. Jefferson at Monticello.
12 | MADISON NOTES The 2018 Summer Institute participants gather in the lobby of the James Madison Building of the Library of Congress. This building was designated by Congress to be the official memorial to President James Madison in the nation’s capital. Dr. Rosemarie Zagarri (George Mason University) prepares for her lecture, “Women and the Founding Era.” This lecture can be viewed online at C-Span.org. At the Library of Congress, the Fellows look at Alexander Hamilton’s personal copy of the draft U.S. Constitution, including his annotations and sketches along the margins.
MADISON NOTES | 13 David Dingler, ‘17 (WA), Kevin Casey, ‘17, (NJ), and Jacob Harvey, ‘17 (AZ) enjoy a hot, but gorgeous day on the Potomac at George Washington’s Mt. Vernon. James Madison Fellows attending a lecture on George Washington while visiting Mount Vernon. Mark Wiese, ‘17 (MN), Lisa Lee, ‘17 (CT), Elizabeth Harrison, ‘17 (AR). James Madison Fellows gather on the steps of the Supreme Court following a remarkable and rare private meeting with the Chief Justice John Roberts. Visiting the White House and the White House Historical Association was a highlight for many James Madison Fellows. Don Clark, ‘17 (ME), Colleen Cole, ‘17 (RI), and Kristopher Atkinson, ‘17 (FL)
14 | MADISON NOTES James Madison Fellows gather next to the North Portico of the White House following their tour. During the Summer Institute, the Fellows and their professors sit with each other during lunch where discussions continue about the day’s lecture. Left to right: Wendy Bergeron, ‘17 (NH), Linda Boyle, ‘17 (UT) and Dr. Kevin Hardwick Professor Daniel Dreisbach lectures on the symbols of liberty—a favorite of many James Madison Fellows! The National Museum of African American History and Culture had a powerful impact on The James Madison Fellows as they participated in a special lecture and tour.
MADISON NOTES | 15 IN THEIR WORDS The 2018 Summer Institute Class had enthusiastic praise for the Summer Institute on the Constitution. They remarked on the high level of academic rigor, the once in a life time on-site instruction, and the unrivaled learning environment of Georgetown University. Read in their own words why they loved the Summer Institute. This was genuinely one of the greatest experiences of my entire life. I cannot say enough how valuable and meaningful it was to be a part of this program. Over this summer I have become a better scholar and teacher and cannot wait to bring these tools into my classroom. —Dan Clason, ‘17 (TX) Once again, I want to extend my most heartfelt thanks to the JMMFF staff, the professors, and the guest speakers who made the Summer Institute one of the most meaningful professional and personal experiences I have ever had! Dan Clason, ‘17 (TX) —Kristofer Atkinson, ‘17 (FL)
16 | MADISON NOTES IN THEIR WORDS, continued... The Summer Institute was one of the few professional development experiences I have been involved with where all the participants were fully committed. This made for a stronger intellectual experience. The professors challenged us each day through lectures and topic questions, and provided valuable feedback on essays. Overall, the excursions provided great hands-on experiences, which nicely rounded out the program. By far the best “nerd camp” I have attended. —Laryssa Schmidt, ‘17 (WA) Annemarie Conway, ‘17 (MI), Joshua Spiegel, ‘17 (OH), Shane Adams, ‘17 (NE), Jane Highley, ‘17 (PA), Laryssa Schmidt, ‘17 (WA) I was very humbled by being able to participate in the Summer Institute. The opportunities that were given to me as a Madison Fellow will never be matched in my academic career. I especially appreciate having access to historic sites and the opportunity to meet so many influential and knowledgeable individuals around D.C. The whole experience was so exciting that I am saddened by the realization that I will never have another opportunity like what was given to me in my time in Georgetown. Thank you for this program and its importance on valuing teachers and their desire to become more knowledgeable in their content. Bob Schwart, ‘17 (ND), Brad Rahmiller, ‘17 (IA), Kendrick Bryan, ‘17 (KY), Wesley Hall, ‘17 (MO) —Wesley Hall (right), ‘17 (MO)
MADISON NOTES | 17 By far, the most educational packed four weeks I've experience in my 20+ year teaching career. My experience will be reverberated in my classroom and will ripple through generations. The rigorous Constitutional focus that the James Madison Foundation demands, certainly fills a dangerous gap left by the current educational trend. Thank you! —Daryl Frisbie, ‘17 (AK) Annemarie Conway, ‘17 (MI), Daryl Frisbie, ‘17 (AK) The Summer Institute is a period of educational and professional growth in which your knowledge of Constitutional History and self confidence will grow in leaps and bounds. Never have I attended an educational opportunity like this that fueled so much passion and excitement for the future year of my teaching! The amount of and level of rigor that we were able to experience throughout the entire Summer Institute made me a better Educator and human being, and I will remember the summer of 2018 for the rest of my life. —Nicole Morrison, ‘17 (IN) “I loved my experience at “The JMF Summer Institute has provided me with an opportunity to Georgetown University! It was delve into the intricacies of American constitutionalism. Thought- a treat to live on campus and provoking readings, lectures, and field trips have increased study the Constitution with my overall understanding of America’s governing documents amazing professors.” which will in turn greatly impact my teaching for the better.” —Kendrick Bryan,‘17 (KY) —Jesse Brewer, ‘17 (TN)
18 | MADISON NOTES IN THEIR WORDS, continued... On the first academic day of the Summer Institute on the Constitution, June 18, 2018, I got to ask the Chief Justice of the United States, John Roberts, the first question! I asked him, “Who was your most memorable teacher, and why?” He answered that it was his English and history teachers. That was a special start to a great summer. Overall, I feel that the Summer Institute on the Constitution left me both inspired and prepared for my first year of teaching. Thank you James Madison Memorial Fellowship Foundation! Alexander Uryga, ‘16 (IN), Beth Anne Harrison, ‘17 (AR), Ann Krois, ‘17 (IA), Alexander Uryga, ‘16 (IN) Jessica Walworth, ‘16 (WI), Jane Highley, ‘17 (PA), Caitlin Kimak, ‘17 (VA) The experience at Georgetown was immeasurable. I not only learned more about the foundations of the American Constitution, I lived and breathed it. That only could have been achieved by deep, uninterrupted study and guidance offered at the Summer Institute. —Caitlin Kimak, ‘17 (VA) Alison Russell, ‘16 (MD), Caitlin Kimak, ‘17 (VA), Fiona Madigan, ‘17 (MD)
MADISON NOTES | 19 I had an incredible it helped to round out the experience at the Summer academic experiences. Institute. I was amazed at Finally, I cannot say enough all that we managed to pack positive things about the into 4 weeks! I loved living excursions. I appreciated on the Georgetown campus the wide variety of sites that and immersing myself in the we visited and the access college experience again. that the Foundation made It was a joy to interact with possible to unique places like my fellow teachers, who all the Supreme Court, the White proved to be kind, intelligent, House and the National insightful, and inspiring. Museum of African-American The faculty worked to truly History and Culture. I left immerse us in the 18th the Institute with a host of century and compelled us new information and special to reconstruct the thought memories that I will continue processes of the framers in to process and incorporate Margaret Gammie, ‘17 (NJ), Don Clark, ‘17 (TX) order to better understand into my teaching for a long the political philosophies time to come. Thank you behind the Revolution and from the bottom of my heart the Early Republic. It was for making this once-in-a- beneficial to interact with the lifetime opportunity possible. professors in both formal and informal settings, as —Margaret Gammie, ‘17 (NJ) This Summer Institute experience will forever be an academic highlight of my life. I did not fully understand the depth and density of thought and debate that went into every aspect of the Constitution. The context of each Constitutional Article brings additional enlightenment to its meaning. I am so proud to belong to a profession that is full of individuals that are dedicated to increasing their knowledge of American History and Constitutionalism and committed to relaying that knowledge to their students. I am proud to be a teacher and honored to be teaching the good and bad found within our nation’s history. —Lynda Boyle, ‘17 (UT)
20 | MADISON NOTES Civics and Civility: How to Be in Society McCarthy, Representative of the 23rd The U.S. House of Representatives, BY KIMBERLY ALLDREDGE AND JAMES District of California and then-Major- with its very large membership of 435, MADDOX, JMF ‘09 (CA), JMCF ‘18 ity Leader in the United States House relies on the Majority Leader to expedite of Representatives. There he was inte- the legislative process. And, in reality, “W ell, Doctor, what have we got— a Republic or a Monarchy? A Republic, replied the Doctor, if you grated into the day-to-day activity of the Majority Leader, and the United States Congress. He was able to participate in that requires compromise, accommoda- tion, and diplomacy to meet the conflict- ing demands of balancing the needs of can keep it.” This response, attributed the legislative work being done and wit- Members of both parties to express their to Dr. Benjamin Franklin as he left ness how Members and their staffs inter- view on a bill with the pressures to move Independence Hall following the final act with each other. He found the tone of the bill as quickly as possible toward day of deliberations at the Constitutional business surprisingly civil. enactment. As former Senate Majority Convention of 1787, perfectly illustrates our Founders understanding of the fra- gility of our freedom—the fragility of our Democratic Republic. In order to strengthen the newly founded Republic, our Founding Fathers created public schools with the mission to create good citizens. Why? Because a strong direct self-government requires that each citi- zen understand how to govern. Being a good citizen requires more than just being a member of a nation, or even having an institutional knowledge of how government works. Being a good citizen requires that we be civil. It requires that we relate to other citizens and their concerns. It requires exercising civility. James Maddox JMF ‘09 (CA), JMCF ’18 being interviewed about his experience as a Consequently, civics education in America James Madison Congressional Fellow by news anchor Tim Calahan for 23ABC News has always been comprised of two parts: one part, “how to be a productive mem- ber of society,” and one part, “how to be in society.” Civic education—an education in how to be in society—is just as necessary to the long-term stability of our country as an education in the institutions of our government or educational efforts aimed at pursuing our economic prosperity. As the recipient of the 2018 James Madison Congressional Fellowship, James Maddox had the opportunity to see up close, and in-person, the im- portance of teaching the civility part of civics in his classroom. During the summer of 2018, Mr. Maddox worked James Maddox JMF ‘09 (CA), JMCF ’18 and staff at work in the office of then-House in the office of Congressman Kevin J. Majority Leader Kevin McCarthy
22 | MADISON NOTES Leader Lyndon Johnson once said “the out the business of government while power of persuasion” is the greatest pow- maintaining civility.” er of the Majority Leader. The Majority Now before each semester, Mr. Leader usually works closely with the Maddox shares with his students the Minority Leader so that, as former lessons he learned while working in the Senate Majority and Minority Leader office of the House Majority Leader. He Bob Dole explains, “we never surprise tells his students that, in working with each other on the floor.” While the media staff in over 200 other offices, he never frequently covers the majority’s efforts to experienced someone speaking of anoth- block moves by the minority, or vice versa, er in a degrading way or questioning their they rarely show the millions of ways that love of country. Though he did once hear the majority and minority work together an intern speak in a way that demeaned to keep legislation moving. Civility is the the intelligence of the opposition, they unofficial glue that holds the official leg- were publicly corrected in a very civil way. islative process together. He teaches his students that the partisan Recalling his experience, Mr. Maddox bickering they see on the news is not rep- said, “I can tell you, I saw more bipartisan- resentative of the day-to-day operations ship, and working across the aisle, than I of our government. would have anticipated. There are people By sharing his experiences, Mr. out there who are willing to work with you, Maddox’s students become more open to James Maddox JMF ‘09 (CA), JMCF ’18 on [regardless of the political party] that you discussion and less likely to be guarded the steps of the United States Supreme Court U.S. Capitol looking out over the are affiliated with.” He found that some about asking questions that might betray National Mall Members of the majority party would not their sentiments on a tough policy ques- join in supporting a particular piece of tion. In an age of increased ideological legislation but Members of the minority polarization, he can see that they breathe party would, based on the legislation. “I a bit easier—knowing that it will be ac- was there, and I can tell you that people ceptable to disagree with each other in are interested in supporting good ideas,” his classroom as long as they maintain a he says. “I don’t know what book I could culture of civility. “Civility” Mr. Maddox have read to give me the kind of insight explains, “Is the oxygen which self-gov- and perspective that I got from actually ernment must breathe in order to have a going there, working in a Congressional chance to thrive. Civic education is the office, and being right there in the thick of manner in which we insure our air supply it.” He says that being there was the best for our posterity.” way to experience it. Mr. Maddox is grateful that his expe- Mr. Maddox believes that our coun- rience as a James Madison Congressional tries’ political divisions have always been Fellow has better enabled him to teach “overwhelmed by our commitment to his students in such a way that they will each other as Americans and our insis- be a more civil and engaged generation. tence, by partisans of every stripe, on ci- Teaching the importance of civility in vility in our public discourse.” He wishes being a good citizen is vital for young that more educators could have the ex- Americans who will soon inherit the perience of working on Capitol Hill be- helm of civic rights and responsibility. It cause they could “speak with credibility is vital if we are to keep our Republic. to their students about how people carry James Maddox JMF ‘09 (CA), JMCF ’18 at the U.S. Capitol looking out over the National Mall
MADISON NOTES | 23 Meet the 2018 Fellows’ Fellow Logan Istre, ‘18 (LA) E ach year the James Madison Fellows com- munity comes together for the Fellows’ Fellowship Campaign to raise funds for the Logan possesses a deep love for historical scholarship. He is passionate about, and fully committed, to the study and teaching of U.S. James Madison Fellows’ Fellowship. The History. While many college students vacillate Fellows’ Fellow is chosen during the annual over their career goals, or interests, Logan has James Madison Fellows selection process where been set on teaching history education since the the Selection Committee awards Fellowships 7th grade. U.S. History “sets his soul on fire,” based on candidates academic and professional and he hopes to convey a similar passion for the achievements. Past awardees have gone on to history and life of our Republic, the principles celebrated teaching careers. for which it stands, and the uniqueness of the Logan Istre from Baton Rouge, Louisiana American experiment to his own students. was selected as the 2018 James Madison Fellows’ Logan believes that the ultimate success of Fellow. Logan is a Junior James Madison Fellow, American democracy, and the safekeeping of the and at the time of his award, he was nearing U.S. Constitution, is not guaranteed. The suc- completion of a Bachelor of Arts in History cess of our nation “requires vigilante steward- and Secondary Education at Louisiana State ship by the trustees of the nation: the citizenry.” University. While at Louisiana State, Logan Consequently, he believes the role of teachers worked as a Supplemental Instructor for classes of American history is vital. He feels an “in- in American History where he found that the tense vocation in the education of high school most important factor in achieving success in students.” the classroom was direct and personal engage- Logan is currently enrolled at Louisiana ment with his students. He loved to encourage State University where, thanks to the generous his students to engage each other so they could donations of James Madison Fellows, he will be learn from their peers. For example, Logan en- able to obtain a Master’s of Arts in United States joyed creating history-themed debates that re- History. Logan wishes to extend a personal quired students to play historical figures in order thank you to each and every James Madison to humanize them. He found this approach to Fellow who made his Fellowship possible. be an excellent way to bring history to life and personalize historical events.
24 | MADISON NOTES Partnering with #GivingTuesday 2018 marks the third year the James #UnSelfie is a unselfish selfie that Madison Education Fund Inc. ( James demonstrates the poster’s charitable Madison Fund for short) has partnered contribution in support of the James with the national Giving Tuesday Madison Fund and encourages others movement, which invites communi- to do the same. A #UnSelfie is a way ties around the country to support of saying, “this cause is important to nonprofit donations in time for the me” and inspiring the people who take holiday season. #GivingTuesday not an interest in you to look more deeply only encourages donations but also into the cause you support—preparing encourages spreading the word for the young Americans to inherit the helm cause you care about. To boost aware- of civic responsibility. ness about the James Madison Fund, Check out #UnSelfies to in- the James Madison Foundation’s spire your charitable side. And make non-profit organization, Facebook, your own plans for showing your Instagram, and Twitter users posted #UnSelfie in 2019 with the hashtag “unselfies” to their newsfeeds on the #JamesMadisonFund. Let’s put a Tuesday following Thanksgiving. A spotlight on civics education! Victoria Harpool,‘06 (ND) showing us her #UNselfie! You’re familiar with the James Madison Foundation… Are you linked to the James Madison Fund’s social media platforms? Follow our non-profit! Calling all James Madison Fellows! Share your passion for educating America’s youth about the U.S. Constitution by posting a picture of you in action in your classroom to your social media platforms with the hashtag facebook.com/ snapchat.com/add/ #JamesMadisonFund. JamesMadisonFund jmfund We will repost to the James Madison Fund’s social media platforms. Or, send a picture to: kalldredge@jamesmadison.com. Let’s show the world how our Fellows are impacting America’s future! @JMFund @JamesMadisonFund
Madison Fellows are Our Best Recruiters! Year after year we learn the same lesson: Fellows recommend the best candidates to apply for the James Madison Fellowship! This is data from the 2018 selection process. Look at how important you, the Madison Fellow, are to promoting this great Fellowship! Thank you! Pass the word along again! Ideas for Recommending: A letter of recommendation from a James Madison Fellow has more weight in the selection process. It often takes applying more than once to be awarded the Fellowship. Encourage your friends and colleagues to keep trying! You already won the James Madison Fellowship, so you are the best at being able to advise your colleagues about how to put together a winning application! Applications are due MARCH 1st annually! Apply at www.jamesmadison.gov
News 26 | MADISON NOTES J A M E S M A D I S O N F O U N D A T I O N Save the Date! July 5, 2019 The Admiral 23rd Annual Madison Lecture Turns 90! W e are pleased to announce that Dr. A ll of the James Madison Gordon Wood will give the 23rd Fellows and staff of the Annual James Madison Lecture! We hope Foundation would like to many Alumni Fellows will be able to join wish Admiral Paul A. Yost, Jr. the 2019 Summer Institute Class on July a very happy 90th Birthday! 5, 2019 at Georgetown University for Dr. Admiral Yost served as the Wood’s lecture. Watch for more informa- first President of the James tion about the lecture and RSVPing in Madison Memorial Fellowship coming weeks. Foundation and held that Gordon Wood is the Alva O. Way position for 21 years until his University Professor Emeritus at Brown retirement in 2010. He contin- University. His most recent book, Friends well, as his book The American Revolution: ues to support the mission of Divided: John Adams and Thomas Jefferson, A History has been a central part of our the James Madison Foundation was published in 2018. James Madison course readings for the Summer Institute and we are grateful for his Fellows all know Dr. Wood’s writing on the Constitution for many years. continued leadership! Happy Birthday, Admiral Yost! Morrison Named Senior Fellow at CNU O ur Director of Academics, Jeffry Morrison, Ph.D., is now Professor of American Studies (with tenure) and state institutions in Virginia for SAT scores of incoming freshmen. Dr. Morrison teaches courses on Senior Fellow in the Center for American American political culture and history, Studies at Christopher Newport American constitutionalism, and in the University (CNU). CNU was founded in spring will be teaching in the university's 1960 as a branch campus of the College Honors Program. Dr. Morrison will have of William and Mary, and is now a sepa- two pieces published this year, an article on rate university and the public liberal arts James Madison's theory of constitutional college of the state of Virginia. Located interpretation in Perspectives on Political in Newport News, its campus is ranked Science; and a review essay on religion and Admiral and Mrs. Yost with number seventeen in the nation by the the American Revolution in Reviews in the Foundation Staff. Princeton Review, and it is third among American History.
MADISON NOTES | 27 Foundation Welcomes Two New Trustees Judge Terrence Berg and Judge Diane S. Sykes were nominated by President Donald Trump and sworn in by Foundation President, Lewis Larsen, during the 2018 Summer Institute to the Board of Trustees for the James Madison Memorial Fellowship Foundation. Welcome to the James Madison Foundation Judge Sykes and Judge Berg! Honorable Diane S. Sykes, Circuit Judge, Honorable Terrence Berg, United States United States Court of Appeals for the Seventh Circuit District Judge, Eastern District of Michigan J udge Sykes was nominated to the Seventh Circuit by President George W. Bush and J udge Terrence Berg was nomi- nated by President Barack Obama to the United States confirmed by the United States District Court for the Eastern Senate in June 2004. Prior to District of Michigan on April 25, her appointment to the federal 2012 and confirmed by the United bench, Judge Sykes was a jus- States Senate on December 6, 2012. tice on the Wisconsin Supreme He handles a civil and criminal Court. She was appointed by docket in Detroit, Michigan. Before Governor Tommy G. Thompson his nomination, Judge Berg had in September 1999 to fill a mid-term vacancy on the state high served as an Assistant United States Attorney in the Eastern District court and elected to a full ten-year term in a statewide elec- of Michigan for nearly 20 years, first joining the U.S. Attorney’s tion in April 2000. From 1992 to 1999, Judge Sykes served Office in 1989. From August 2008 until January 2010, he served on the state trial bench in Milwaukee County; she was first as the interim United States Attorney for the Eastern District of elected in 1992 and re-elected in 1998. From 1985 to 1992, Michigan. Judge Berg received his law degree from Georgetown Judge Sykes practiced law with the Milwaukee firm of Whyte University Law Center in 1986, cum laude, and his undergraduate & Hirschboeck, S.C., and from 1984 to 1985, was a law clerk degree from Georgetown’s School of Foreign Service in 1981, magna to Federal Judge Terence T. Evans. Born and raised in the cum laude. After law school, Judge Berg served as Law Clerk to Judge Milwaukee area, Judge Sykes earned a bachelor’s degree in jour- Anthony A. Alaimo, then Chief United States District Judge for the nalism from Northwestern University in 1980 and a law degree Southern District of Georgia. He also practiced law as an associate from Marquette University Law School in 1984. Between col- in the Washington, D.C. office of Debevoise and Plimpton, 1987- lege and law school, Judge Sykes worked as a reporter for The 1989. Judge Berg was born in Detroit in 1959. He is married and has Milwaukee Journal. We are honored to have Judge Sykes on the three children. We are honored to have Judge Berg serving on the Foundation Board of Trustees. Foundation’s Board of Trustees. Welcome to our newest Staff Member! I n October, the James Madison Foundation welcomed Oliver Alwes as its new Support Service Specialist. as a hobby and enjoys traveling. Says Oliver, “I’m fortunate that Lew offered me this position at the James Madison Oliver is a native of the D.C. metropoli- Foundation. My coworkers make for a tan area, graduating from George Mason great working environment. It’s amaz- University in 2016 with a Bachelor of ing to be part of an organization that Science in Kinesiology. Prior to coming changes lives and helps promote civic to the Foundation, he worked as a fit- engagement.” ness coach. He does Brazilian jiu-jitsu
28 | MADISON NOTES What Would Madison Say About American Democracy Today? JEFFREY ROSEN PRESENTS THE 22ND ANNUAL JAMES MADISON LECTURE T he James Madison Foundation was honored to host Professor Jeffrey Rosen, who delivered the Foundation’s that Madison and the other Founders built into the Constitution a series of “cooling mechanisms” intended to inhibit the high 22nd Annual Madison Lecture, “What passions of factions, to ensure that reason- Would Madison Say About American able majorities would prevail. Democracy Today?” Mr. Rosen, president Rosen offered the separation of powers and CEO of the National Constitution as one example of such a cooling mecha- Center in Philadelphia and Professor of nism as it would prevent any one branch of Law at George Washington University, government from acquiring too much au- enthusiastically argued that “Madison was thority. He also stated that “Madison pre- convinced that direct democracies—such dicted that America’s vast geography and as the assembly in Athens, where 6,000 large population would prevent passionate citizens were required for a quorum—un- mobs from mobilizing. Their dangerous leashed populist passions that overcame energy would burn out before it could in- President Lewis Larsen and honoree the cool, deliberative reason prized above flame others.” Madison’s worst fears, ac- Mr. Jeffrey Rosen. all by the Enlightenment thinkers.” And cording to Rosen, of mob rule have been that because of this, Madison, and the realized—and the cooling mechanisms the Constitution and its intended cooling other Framers, designed the American he designed to slow down the formation mechanisms which are included to allow constitutional system—not as a direct de- of dangerous majorities are diminishing. reason to prevail over passion. And re- mocracy, but as a representative republic, Rosen gave praise to our teacher-scholar ferring to the Fellows as “Constitutional where enlightened delegates of the people Madison Fellows for the role they play wonks,” he went on to field questions for would serve the public good. He stated in helping to educate our citizenry about over 30 minutes. It is always fun to see so many Alumni Fellows return to DC for the Madison Lecture!
MADISON NOTES | 29 C L A S S N O T E S Papers for New Hampshire public radio’s Civics 101 and coordinated the Fellows’ 2001 presentation at the NCSS Annual Confer- Bridget Federspiel Newbury, ’01 (OH) ence in Chicago, 2018. “This was my last was recently awarded the Fulbright Dis- ‘gig’ coordinating these panels, but I look tinguished Teacher Award. As part of her forward to attending future conferences as award, she and her students at Stivers School ‘just’ an attendee and reconnecting with for the Arts have spent more than 12 years the Madison Foundation staff and my fel- interviewing veterans who served in conflicts low Fellows. Being a Fellow is like being a from World War II to Afghanistan. The vid- Marine—once a Fellow, always a Fellow.” eo interviews have been sent to the Library of Congress as part of its Veterans History Claire McCaffery Griffin, ‘92 (HI) Project. The project collects and preserves 1999 firsthand remembrances of U.S. wartime vet- erans to ensure that future generations bet- 1992 Martha Rush, ‘99 (MN) has had a busy few years—she started a business called ter understand the realities of war. Federspiel Newbury has participated in the project since Claire McCaffery Griffin, ‘92 (HI) Presi- NeverBore LLC, which is an education her time as a graduate student at Wright dent Donald J. Trump recently nominated consulting firm focused on sharing high- State University, then starting in 2005 got Claire McCaffery Griffin, ’92 (HI) to engagement teaching strategies through her high school students involved in the cre- serve on the National Humanities Coun- professional development workshops and ation of the interviews. They have conducted cil, a board of twenty-six distinguished curriculum writing. Martha began writ- over 550 interviews with Army, Navy, Ma- private citizens whose role is to advise ing a blog (MarthaRush.org) and was ap- rine and Air Force veterans, Green Berets the Chairman of the National Endow- proached by Stenhouse Publishing. Her and even a recipient of the Medal of Honor. ment for the Humanities (NEH). If con- first book, Beat Boredom, is now available The veterans come in full military uniform firmed by the Senate, Claire will serve on through their catalog and website (sten- and bring memorabilia from the war. Of- the Council until 2022. “My first experi- house.com). The book advocates interac- tentimes, they become emotional recounting ence with NEH was in 1999 as a partici- tive teaching, with lots of strategies that their experiences; making lasting impressions pant in a Summer Seminar,” says Claire. can be used in government, history, law on Federspiel Newbury’s students that she “Since then, I’ve written proposals for and civics classrooms. Declares Martha, hopes they remember beyond their time in NEH grants; I’ve directed several NEH “The Madison Fellowship was an amazing the classroom. Federspiel Newbury intends projects; and I’ve served on peer review experience!” to conduct similar interviews when she goes panels for NEH proposals. I am excited to Vietnam in January as part of a Fulbright and humbled to bring the perspective of Distinguished Teaching Award. She plans to an educator to this prestigious panel. And, bring questions from American veterans to as with so many things in my professional her interviews with Vietnamese veterans. life, this opportunity began with a Madi- son connection!” In March, 2018 Claire joined the Board of the National Council for His- tory Education serving alongside Laura Wakefield, ‘00 (FL). Claire is also a mem- ber of the Board of Directors of Franke Tobey Jones, the non-profit organization running the retirement community where she (and her parents!) live. She recently Martha Rush, ‘99 (MN) recorded a segment about the Federalist Bridget Federspiel Newbury, ’01 (OH)
30 | MADISON NOTES 2002 2009 Jason Hunt, ‘11 (OH), currently teaches the Constitution and the Founding Era Robert K. Hight, ‘02 (NC) was honored Brenda M. Diaz, ‘09 (MD) is grateful to be in every class on his schedule! Student recently upon his retirement with induc- teaching U.S. History again this year and knowledge of the Constitution is evident, tion into the Order of the Long Leaf is enjoying introducing more song analysis Jason says, as shown by scores on the state- Pine. This award is presented by the Gov- into the curriculum as a means of review- given end-of-course assessment--a 94% ernor to individuals with a proven record ing key concepts. Outside of her teaching pass rate or higher for the past 3 years! of service to the state of North Carolina. job, Brenda has served as a tutor for Keys It is among the most prestigious awards to SUccess, a program established by the given by the Governor. Before retiring from a 30 year teaching career, 25 of City of Gaithersburg to help teenage moms reach graduation. She also serves as the JV 2012 which included teaching leadership de- Softball Coach at Wootton High School. Anthony Brey, ‘12 (MI) was able to chap- velopment and advising student council, erone a five day trip to Washington DC several of his former students and their with his son and his 8th grade classmates. parents established the Kevin Hight En- Anthony put all his years of teaching about dowment for Youth Leadership through civic responsibility to action by running the Cumberland Community Founda- for public office in 2018 in the Hampton tion in his honor. Township where he resides. Derek Hughes, ‘12 (WV) volunteered 2008 for Harpers Ferry Historical Park for the 150th anniversary of Storer College over Brenda M. Diaz, ‘09 (MD) the summer giving history-related talks Monty Johnson, ‘08 (WA) teaches civics and worked with student groups discuss- and contemporary world problems to high ing leadership and John Brown. 2010 school seniors and American history to ju- niors. His school has once again been rec- Jeffrey Lobo, ‘12 (IL) coordinated with ognized by the state as a “School of Excel- Elizabeth L. Baclayon, ‘10 (HI) was nomi- the Robert McCormick Foundation to lence.” Monty also continues to serve as a nated by her school counselor for the NEA help his school create its first true Stu- board member for The Sunnyside Museum Social Activist of the Year award based on dent Government with a Student Voice and was elected vice-president this year. He curriculum she designed to promote social Committee. He works closely with the recently helped put together a display for justice, inclusion and tolerance. Democracy School Network in Illinois. the museum to commemorate the United Along with other Madison Fellows, the States entry into World War I. In local Ali Jessie, ‘10 (OR), started a new job at network supports civil action and educa- politics, Monty has agreed to be part of an the International School of Beaverton, a tion throughout the state. election committee for a candidate who is public magnet school that does IB for all running for the state senate. grades, 6-12. She teaches U.S. History, Alyse Monroy, ‘12 (CA) has been actively Asian History, and Theory of Knowledge. involved in her community including ani- Ali als serves as the advisor for the Model mal rescue, volunteering for the Califor- United Nations Club. nia Cadet Corps as a volunteer judge and consultant for various events and compe- 2011 titions. Alyse has also aided in events at the American Legion post, participated in marches for social issues and attended Shawn M. Hornung, ‘11 (KS) received town hall meetings. Way to show your stu- the Kansas Health Foundation Civic dents how to be an active participant in Health Hero Award. Shawn also utilized the civic life of the community! a scholarship from the NEH Summer In- stitute The Most Southern Place on Earth Brett Pritchett, ‘12 (KY) was invited by the to implement new Civil Rights Move- Kentucky Department of Education to give ment Curriculum. He also coordinated a presentation about incorporating the Con- his 6th Kansas Honor Flight, once more stitution into regular instruction as a part of Monty Johnson, ‘08 (WA) pairing 25 high school students with 25 their annual Civics Education Symposium. Korean and Vietnam War Veterans.
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