The 1787 Constitutional Convention – States Laws Can't Be Negated by the National Legislature

Journal Federal Cons LogoJune 8, 1787
Summary: The delegates decided that all state laws were not subject to veto by the National Legislature.
In the debate over the Constitution, a major need was to balance state and national power and authority. Some delegates leaned toward making states weak in comparison to the federal government and others wanted a weaker federal authority. Rather than a self-conscious application of biblical principles as David Barton and other Christian nationalist propose, the Convention hashed over numerous contradicting ideas and philosophies of government on the way to a compromise.
Charles Pinckney moved to subordinate state laws to federal law.

Mr. PINCKNEY moved, “that the National Legislature should have authority to negative all laws which they should judge to be improper.” He urged that such a universality of the power was indispensably necessary to render it effectual; that the States must be kept in due subordination to the nation; that if the States were left to act of themselves in any case, it would be impossible to defend the national prerogatives, however extensive they might be, on paper; that the acts of Congress had been defeated by this means; nor had foreign treaties escaped repeated violations: that this universal negative was in fact the corner-stone of an efficient national Government; that under the British Government the negative of the Crown had been found beneficial, and the States are more one nation now, than the colonies were then.

While Britain has at times come up as a negative example, Pinckney here invoked the British Crown as a positive model. Madison seconded the motion and appealed to current experience with state governments as reason for this proposal. On this day, the delegates negated the proposal to negate.

1787 Constitutional Convention Series

To read my series examining the proceedings of the Constitution Convention, click here.  In this series, I am writing about any obvious influences on the development of the Constitution which were mentioned by the delegates to the Convention. Specifically, I am testing David Barton’s claim that “every clause” of the Constitution is based on biblical principles. Thus far, I have found nothing supporting the claim. However, stay tuned, the series will run until mid-September.
Constitutional Convention Series (click the link)

David Barton and Kevin Conover: Public School Bible Classes Teach Christianity

On the Educate for Life radio show, guest and self-styled historian David Barton agreed with host Kevin Conover that the public school Bible classes offered by the National Council of Bible Curriculum in Public Schools teaches Christianity. Watch:

Barton agrees when Conover says, “they’re offering not just a Bible as history class but it’s literally a full on Christian class.” Understandably, Conover seems surprised by this.
According to the president of the Council, the purpose of the course is not religious indoctrination.
NCBCPS Letter
The conversation between Conover and Barton suggests that Christianity is being taught by introduction of this Bible course. I realize that in most schools the course is an elective. Nonetheless, I don’t want public schools taking sides on religion. I doubt Barton would be fine with the scriptures of other religions being taught as religion, elective or not. Can you imagine the outrage if Conover had said, “it isn’t just the Qu’ran as history, it is a full on Muslim class”?
The Bible and religion may be studied in the same manner as other subjects. However, evangelism and sectarianism (which is happening) should be off limits.
 

 

Glenn Beck and David Barton Reminisce about Alternative History

Lately, Glenn Beck and David Barton have been pushing their summer internship program. In a brief spot Monday, Beck and Barton claimed education was great until progressives took over in the 1920s. From the article:

Prior to the 1920s, students completed school through eighth grade and each year had to pass a written exam that involved understanding the Declaration of Independence, the U.S. Constitution, George Washington’s Farewell Address and their state constitution, Barton explained. The older system of education was called “spiraling” because students would revisit the same topics while expanding on them each year.
Today, students learn history in discrete chunks with the “tri-division” method, studying Christopher Columbus in one grade, the Civil War in the next, and so on, Barton asserted. Because students are learning their history piece by piece, they never go back to the same period again and don’t retain the information in a real way.

In response, historian John Fea provided a citation from 1917 which contradicts Barton’s claim.

Surely a grade of 33 in 100 on the simplest and most obvious facts of American history is not a record in which any high school can take pride.

This quote comes from a 1917 article in the Journal of Educational Psychology by J. Carleton Bell and D.F. McCollum. Bell and McCollum surveyed Texas schools and learned that history education wasn’t doing well. The 33% figure is an average of history knowledge scores at a sampling of high schools in Texas. Please note that I said high schools. Contrary to Barton’s claims, students went to high school before progressives took over, whenever that happened.*
The context for the quote is telling. According to Bell and McCollum, some Texas school districts didn’t start teaching history until later in elementary school if at all. Barton’s golden age wasn’t as golden as he described it. Bell and McCollum write:

The final average per cents, of the five high schools are Austin 30, Brenham 33, Houston 33, Huntsville 24, and San Marcos 31. With the exception of Huntsville the schools present about the same general picture—wide variations in the responses to particular questions, but these variations balancing each other. In the elementary schools the final average per cents, are Austin 10, Brenham 18, Houston 12, Huntsville 17, and San Marcos 23. It must be noted that for San Marcos we have only the sixth and seventh grades. Comparison of the results grade by grade shows that Austin and Houston are in the same class and that the other three schools are distinctly in advance, making at least fifty per cent, better showing. Column one, however, shows the reason. In the Austin and Houston schools no work in history is given before the seventh grade, while in the other schools the pupils begin history in the fourth or fifth grade. In view of the fact that pupils who have begun history later make as good a showing in the high school as those who began it earlier (compare Houston with Brenham or San Marcos) it might be argued that the study of history by elementary school pupils is a waste of time. The case, however, is by no means so simple. The high schools of Houston and Austin have the reputation of being very well administered and of having an exceptionally high grade of teachers. If the other cities had as well organized and equipped high schools perhaps their pupils would have made a better showing. Surely a grade of 33 in 100 on the simplest and most obvious facts of American history is not a record in which any high school can take great pride. (pp. 267-269)

Reading the Bell and McCollum article provoked my interest in education before 1920 and so I looked up several reports on education during that time period. None of what I have read so far provides support for Barton simplistic analysis. For instance, Barton makes it seem like education was done one way – students all learned history the same way and all went to college after eighth grade. However, the reports from that era make it clear that there was little uniformity of teaching methodology. For instance, a report on history education dated 1898 says:

In all of our work we have endeavored not only to discover any agreement or common understanding that may exist among American teachers, but to keep in mind the fact that local conditions and environments vary exceedingly; that what may be expected of a large and well-equipped school need not be expected of a small one, and that large preparatory schools and academies, some of them intentionally fitting boys for one or two universities, are in a situation quite unlike that in which the great majority of high schools are compelled to work. We have sought chiefly to discuss, in an argumentative way, the general subject submitted for consideration, to offer suggestions as to methods of historical teaching and as to the place of history on the school programme, being fully aware that, when all is said and done, only so much will be adopted as appeals to the sense and judgment of the secondary teachers and superintendents, and that any rigid list of requirements, or any body of peremptory demands, however judiciously framed, not only would, but should, be disregarded in schools whose local conditions make it unwise to accept them.

A report (The Committee of Ten) dated 1894 says:

The traditional age for beginning Latin is about fifteen and the average for entering college is nineteen.

Nineteen would be old for an eighth grader. The 1892 Committee of Ten (convened by the National Education Association) recommended that all school districts provide instruction through the 12th grade.
Graduating high school students wanting knowledge of history could consult this list of books or attend a college with a good history program (write and ask, I can name several).
 
*Early in American education, many students only went through 8th grade in anticipation of entering the work force. Barton’s contention that students went to school through 8th grade has some truth to it. However, college was not the end result for most of them (on Beck’s audio, Barton claimed students just went on to college after the 8th grade).

Instead of Spending $375 on a Mercury One/Wallbuilders Intership, Buy These Books

Yesterday, Right Wing Watch reported that Glenn Beck and David Barton are planning to offer internships this summer to pre-college students via Mercury One. In addition to travel, food and lodging, Mercury One will charge $375 for the experience. Since David Barton is involved, one simply should not trust that the history will be accurate. Why Glenn Beck continues to hitch his wagon to Wallbuilders still puzzles me.
Here is an alternative. Instead of spending money on travel and expenses and even a penny on tuition, consider buying the following books for yourself or your children in order to get an accurate view of American history. This list costs far less than $375 and will leave you plenty of funds to buy coffee, ice cream floats, or whatever you prefer to drink while reading good books.
Was America Founded as a Christian Nation? Revised Edition: A Historical Introduction by John Fea
American Exceptionalism and Civil Religion: Reassessing the History of an Idea by John Wilsey
The Religious Beliefs of America’s Founders: Reason, Revelation, and Revolution by Gregg Frazer
Faith and the Presidency From George Washington to George W. Bush by Gary Scott Smith
God of Liberty: A Religious History of the American Revolution by Thomas Kidd
One Nation Under God: Christian Faith and Political Action in America by Mark Noll
The Search for Christian America edited by Mark Noll, George Marsden and Nathan Hatch
One Nation Under God: How Corporate America Invented Christian America by Kevin Kruse
The Jefferson Bible, Smithsonian Edition: The Life and Morals of Jesus of Nazareth, Smithsonian Edition, by Thomas Jefferson
First Freedom: The Fight for Religious Freedom by Randall Balmer, Lee Groberg, and Mark Mabry
And of course, Getting Jefferson Right: Fact Checking Claims about Our Third President by Warren Throckmorton and Michael Coulter
This Gospel Coalition piece by Justin Taylor adds a few more good books (see especially the books by Finn and Green).
I am sure I am overlooking many other good books. I hope commenters and authors alike will send me suggestions and additions via email and in the comments section. The above is just a start and will reward your $375 with a much better foundation than the Mercury One internship.

Does Article II of the Constitution Come from Deuteronomy 17:15?

Self-styled historian David Barton says it does. In a DVD (also on YouTube) called Constitutional Christian, Barton repeats a familiar claim that the Constitution is full of Bible verses (hat tip RWW). Watch:
[youtube]https://www.youtube.com/watch?v=CuQOw83GqUs[/youtube]
Barton specifically mentions Deuteronomy 17:15 which reads (NASV):

you shall surely set a king over you whom the Lord your God chooses, one from among your countrymen you shall set as king over yourselves; you may not put a foreigner over yourselves who is not your countryman.

The relevant clause of Article II of the Constitution reads:

No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.

First, it is important to see critical differences between Deuteronomy and this clause of Article II. The major difference is that God chose the king of Israel while the Constitution sets eligibility requirements for an elected official who is not a king. Another important difference is that Article II contains an exception to the citizenship requirement. Foreign born people who were citizens at the time the Constitution was adopted were eligible. Thus, a foreigner could be eligible, at least until that generation died off.
Barton’s essential claim is that the framers included the citizenship requirement because it is in the Bible. However, Barton offers no evidence that the framers of the Constitution consulted the Bible or even referred to the Bible in establishing this clause. Happily, we have a reasonably detailed record of the proceedings of the Constitutional Convention. The delegates discussed citizenship requirements in depth but didn’t appeal to the Bible. Barton’s claim fails on two counts: Article II is not Deuteronomy 17:15 and the framers didn’t refer to the Bible when crafting eligibility requirements for federal office.

What did the delegates to the Constitutional Convention talk about?

In July and August of 1787*, the delegates debated the citizenship requirements for legislators and president. Some of the framers (e.g., Madison, Franklin) wanted to allow foreigners to hold office, while others (e.g. Morris, Pinckney) wanted tighter restrictions. Several votes were taken on the number of years foreign born people must live in the U.S. before being eligible to serve in the House, Senate and as president. The framers were not unified and certainly did not rally around a set of biblical principles.
An excerpt will illustrate the debate:

Article 5, Sect. 3, was then taken up.
Mr. Gouverneur Morris moved to insert fourteen instead of four years citizenship, as a qualification for Senators; urging the danger of admitting strangers into our public councils.
Mr. Pinckney seconded him.
Mr. Ellsworth was opposed to the motion, as discouraging meritorious aliens from emigrating to this country.
Mr. Pinckney. As the Senate is to have the power of making treaties and managing our foreign affairs, there is peculiar danger and impropriety in opening its door to those who have foreign attachments. He quoted the jealousy of the Athenians on this subject, who made it death for any stranger to intrude his voice into their legislative proceedings.
Col. Mason highly approved of the policy of the motion. Were it not that many, not natives of this country, had acquired great credit during the Revolution, he should be for restraining the eligibility into the Senate, to natives.
Mr. Madison was not averse to some restrictions on this subject, but could never agree to the proposed amendment. He thought any restriction, however, in the Constitution unnecessary and improper ; —unnecessary, because the National Legislature is to have the right of regulating naturalization, and can by virtue thereof fix different periods of residence, as conditions of enjoying different privileges of citizenship ;—improper, because it will give a tincture of illiberality to the Constitution ; because it will put out of the power of the national Legislature, even by special acts of naturalization, to confer the full rank of citizens on meritorious strangers ; and because it will discourage the most desirable class of people from emigrating to the United States. Should the proposed Constitution have the intended effect of giving stability and reputation to our Governments, great numbers of respectable Europeans, men who loved liberty, and wished to partake its blessings, will be ready to transfer their fortunes hither. All such would feel the mortification of being marked with suspicious incapacitations, though they should not covet the public honors. He was not apprehensive that any dangerous number of strangers would be appointed by the State Legislatures, if they were left at liberty to do so ; nor that foreign powers would make use of strangers, as instruments for their purposes. Their bribes would be expended on men whose circumstances would rather stifle than excite jealousy and watchfulness in the public.
Mr. Butler was decidedly opposed to the admission of foreigners without a long residence in the country. They bring with them, not only attachments to other countries, but ideas of government so distinct from ours, that in every point of view they are dangerous. He acknowledged that if he himself had been called into public life within a short time after his coming to America, his foreign habits, opinions, and attachments, would have rendered him an improper agent in public affairs. He mentioned the great strictness observed in Great Britain on this subject.
Doctor Franklin was not against a reasonable time, but should be very sorry to see any thing like illiberality inserted in the Constitution. The people in Europe are friendly to this country. Even in the country with which we have been lately at war, we have now, and had during the war, a great many friends, not only among the people at large, but in both Houses of Parliament. In every other country in Europe, all the people are our friends. We found in the course of the Revolution, that many strangers served us faithfully, and that many natives took part against their country. When foreigners after looking about for some other country in which they can obtain more happiness, give a preference to ours, it is a proof of attachment which ought to excite our confidence and affection.

Concerning the office of Senator, the delegates argued over how long a foreign born citizen had to be a citizen in order to be eligible.  Rather than the Bible, Morris appealed to fear and national loyalty while his colleague Pinckney appealed to Greek political law. Only citizens could vote in Athens and Pinckney cited their law as support. South Carolina delegate Pierce Butler also cited the example of Great Britain as support for lengthy citizenship requirements.  Later in the debate, Morris made a strong appeal to nationalism, saying

As to those philosophical gentlemen, those citizens of the world, as they called themselves, he owned, he did not wish to see any of them in our public councils. He would not trust them. The men who can shake off their attachments to their own country, can never love any other. These attachments are the wholesome prejudices which uphold all governments. (p. 489)

Mason and Ellsworth countered that many good people had served the nation during the Revolution and should be allowed to continue to serve. Madison and Franklin viewed citizenship requirements for foreign born citizens as illiberal and too restrictive. Not one delegate cited Israel, Deuteronomy, or the Bible as a source or support for their position. Eventually, Morris’ argument won out and the delegates settled on a nine year citizenship requirement to be eligible to be a Senator.
The next day, the delegates again took up the debate, this time over citizenship requirements for the House of Representatives. Again, the debate centered on merits of being open and liberal versus the perception of danger from foreign meddling. Eventually, as with the requirements for president, a compromise was suggested which allowed citizens at the time the Constitution was adopted to serve without having to meet the lengthy citizenship qualification.
The requirement that the president be a “natural born citizen” or a citizen at the time of the adoption of the Constitution was passed on September 7 without debate as recorded by James Madison. The delegates also decided that the chief executive must have been a citizen for at least 14 years. Again, Madison recorded no debate over the matter. For sure, there was no recorded reference to the Bible, Deuteronomy, or Israel.
For Barton’s argument to have any weight, he would need to produce evidence. I am open to any primary source evidence he might bring. However, what I have seen so far provides evidence against his claim. The Constitution doesn’t quote the Bible verbatim no matter how much he wishes it did.
 
*July 26 (page 434), August 8 (p. 472), August 9 (p. 482), August 10 (p. 497), and August 13 (p. 506)