1. T HE R ECONSTRUCTION A MENDMENTS Were They a New Constitution?

2. T YPES OF R IGHTS TO C ONSIDER © CICERO 2012 Natural Rights Civil Rights Political Rights Social Rights Declaration 13 th Amendment Constitution 14 th Amendment State Constitutions 15 th Amendment Custom, Regulations, Laws 1960s Type of Rights Document and Amendment 2

3. A N EW C ONSTITUTION R ADICALLY D IFFERENT FROM THE O RIGINAL ? © CICERO 2012 Social Compact Individualism (liberty) Republican Elitism Organic Nationhood Equality of All Persons Democracy First Constitution – 1787 New Republic based on a 2 nd Constitution – 1860s based on: 3

4. J UDGES O RIGINALLY I GNORED THE 2 ND C ONSTITUTION Later, they through “Incorporation,” they applied Federal Constitutional law to State law. © CICERO 2012 4

5. F IRST C ONSTITUTION : Maximum Expression  Individual Freedom At least, against the encroachment of federal government power. Carves out a space for each person to stand alone, free of government interference. Rule by a “virtuous few” – landowners (stakeholders) Dominant value was Liberty, rather than Equality Government was the “enemy” © CICERO 2012 5

6. 1865  A N EW O RDER Nationhood Equality Populism © CICERO 2012 6

7. A U NION TO A N ATION  Voluntary Consent “Makes the People”  History makes the Nation © CICERO 2012 7

8. We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. © CICERO 2012 8

9. A N EW P REAMBLE : T HE G ETTYSBURG A DDRESS Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal. Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are met on a great battle-field of that war. We have come to dedicate a portion of that field, as a final resting place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this. But, in a larger sense, we can not dedicate -- we can not consecrate -- we can not hallow -- this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us -- that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion -- that we here highly resolve that these dead shall not have died in vain -- that this nation, under God, shall have a new birth of freedom -- and that government of the people, by the people, for the people, shall not perish from the earth. © CICERO 2012 9

10. A SECULAR PRAYER Reminds Americans of the Collective Commitment to: NATIONHOOD EQUALTY DEMOCRACY © CICERO 2012 10

11. C RYSTALLIZATION Of Natural Law Principles Not from cool deliberation (of the Constitutional Convention) Rather, from the suffering of a “redemptive” war © CICERO 2012 11

12. C HANGES ? Outlawed slavery that the original had sought to protect. Exchanged republican elitism for popular democracy. Redefined nationhood as an inescapable, organic state rather than voluntary association. The Gettysburg Address appealed to a “higher law” © CICERO 2012 12

13. O LD U NROOTED “S OCIAL C OMPACT ” The new order not only represents the votes of legislatures or delegates, but the votes of hundreds of thousand dead soldiers. “Shall not have died in Vain” © CICERO 2012 13

14. R ADICAL D EPARTURE FORM THE O RIGINAL The Gettysburg Address and the Amendments defined Citizenship Not in the Original They bring the principle of equality to the fore. Movement toward Universal Suffrage © CICERO 2012 14

15. Defined Citizenship Defined Nationality It skipped “equality” Minimized “Popular Democracy” © CICERO 2012 15

16. 2 ND C ONSTITUTION marked the consolidation of the U.S. into a European-like nation-state. Nationhood and nationalism appeal to the heart, not the analytic mind. It believes in an affirmative government. No longer a threatening enemy of liberty. (13 th ) now a partner in building a society free of interpersonal exploitation. More European-like Constitutional freedom the then original’s libertarianism. © CICERO 2012 16

17. EQUALITY B ECOMES P ARAMOUNT Commitment of all persons affected by U. S. law. Requires equal participation of all citizens and equal treatment. Religious element: All men are made in the image of God. © CICERO 2012 17