How to Build a Nation in 15 Weeks

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Bonus Episode: Interview with Professor Mary Bilder Aug 13, 2018

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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 Aug 09, 2018

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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 Aug 07, 2018

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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 Jul 26, 2018

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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.

Week 9, Part 1: Don't Choose Your President with a Game Show Jul 24, 2018

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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.

Week 8, Part 2: When in Doubt, Keep it Vague Jul 19, 2018

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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.

Week 8, Part 1: Compromise! (If You Can't Beat Them, Join Them) Jul 17, 2018

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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.

Week 7, Part 2: Call Things By Their True Names Jul 12, 2018

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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.

Week 7, Part 1: Confront the Paradox at Your Nation's Core (Or Don't) Jul 10, 2018

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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.

Week 6, Part 2: Don't Underestimate the Power of a Mid-Week Vacation Jul 05, 2018

Show notes

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.

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