Overview

Lesson Procedure

60-75 minutes of class time across 5 phases.

1. Warm-Up5-10 minutes
2. Direct Instruction20 minutes
3. Guided Practice15 minutes
4. Independent Practice15-20 minutes
5. Closure5-10 minutes

1. Warm-Up5-10 minutes

   Start with a word whose meaning people argue about.

   Warm-Up Prompt

   "Two students both say their school should be 'fair.' One means everyone gets the same thing; the other means everyone gets what they need. Are they using the same word to mean the same thing? If you were writing an essay about fairness, what would you have to do first, and what would you do each time the word came up again?"

   Collect answers. Students will say that the writer must say which meaning is meant and keep to it. Name the skill: in a long argument, a careful author does not just use a key term but refines it, making its meaning more exact as the argument goes on. Tell students that RH.11-12.4 asks them to determine what words and phrases mean in a history text and to analyze how an author uses and refines a key term across the whole text.

2. Direct Instruction20 minutes

   Part 1: Five moves for refining a term. Put this table on the board and keep it up all period.

   Moves an author can make with a key term

   Move	What the author does	Signals to look for
   Reject usage	Shows that the common use of the word is loose or wrong	improperly, inaccuracy, so called
   Stipulate	States the meaning the text will use	I understand, we may define, by ... is meant
   Narrow	Adds a condition that shuts cases out	essential, only, not ... but
   Widen	Admits cases a strict reading would exclude	sufficient, either ... or, even
   Test	Applies the term to cases and reports the result	on comparing, if we try, so far

   Part 2: The official example. Read Madison's definition of faction from Federalist No. 10 aloud and work the first example below. Part 3: Model with Federalist No. 39. Read T1 aloud. Students number the paragraphs, box every use of "republic" or "republican," and circle any word whose meaning they must work out. Work the other three examples, and then show Diagram 1.

   1What then are the distinctive characters of the republican form? Were an answer to this question to be sought, not by recurring to principles, but in the application of the term by political writers, to the Constitutions of different States, no satisfactory one would ever be found. Holland, in which no particle of the supreme authority is derived from the People, has passed almost universally under the denomination of a republic. The same title has been bestowed on Venice, where absolute power over the great body of the People is exercised, in the most absolute manner, by a small body of hereditary nobles. Poland, which is a mixture of aristocracy and of monarchy in their worst forms, has been dignified with the same appellation. The Government of England, which has one republican branch only, combined with an hereditary aristocracy and monarchy, has, with equal impropriety, been frequently placed on the list of republics. These examples, which are nearly as dissimilar to each other as to a genuine republic, show the extreme inaccuracy with which the term has been used in political disquisitions.

   2If we resort, for a criterion, to the different principles on which different forms of Government are established, we may define a republic to be, or at least may bestow that name on, a Government which derives all its powers directly or indirectly from the great body of the People, and is administered by persons holding their offices during pleasure, for a limited period, or during good behavior. It is essential to such a Government, that it be derived from the great body of the society, not from an inconsiderable proportion, or a favored class of it; otherwise a handful of tyrannical nobles, exercising their oppressions by a delegation of their powers, might aspire to the rank of republicans, and claim for their Government the honorable title of republic. It is sufficient for such a Government, that the persons administering it be appointed, either directly or indirectly, by the People; and that they hold their appointments by either of the tenures just specified; otherwise every Government in the United States, as well as every other popular Government that has been or can be well organized or well executed, would be degraded from the republican character. According to the Constitution of every State in the Union, some or other of the officers of Government are appointed indirectly only by the People. According to most of them, the chief magistrate himself is so appointed. And according to one, this mode of appointment is extended to one of the coördinate branches of the Legislature. According to all the Constitutions, also, the tenure of the highest offices is extended to a definite period, and in many instances, both within the Legislative and Executive departments, to a period of years. According to the provisions of most of the Constitutions, again, as well as according to the most respectable and received opinions on the subject, the members of the Judiciary department are to retain their offices by the firm tenure of good behavior.

   • Official example: how Madison defines faction in Federalist No. 10

     Early in Federalist No. 10, Madison stops to fix his key term: "By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community."

     Result: Madison stipulates a meaning, marked by "I understand." Two choices refine the everyday sense of a small, quarrelsome group. First, a faction may be "a majority or a minority of the whole," so a majority can be a faction. Second, the test is the aim, action "adverse to the rights of other citizens" or to the community's lasting interests, not the size. The rest of No. 10 depends on that meaning: since a majority can be a faction, a popular government needs a way to control one. Federalist No. 39, the text for this lesson, works the same way with other terms.

   • Clearing away loose usage: republic (T1, paragraph 1)

     "Holland, in which no particle of the supreme authority is derived from the People, has passed almost universally under the denomination of a republic." Venice, Poland and England follow, and Madison concludes that these examples "show the extreme inaccuracy with which the term has been used in political disquisitions."

     Result: Before Madison defines republic, he shows that ordinary usage cannot define it: countries with hereditary nobles or kings have been called republics. The context also settles three words. A "denomination" and an "appellation" are names: "The same title has been bestowed" restates them. "Political disquisitions" are formal writings on politics, since the paragraph is about how "political writers" apply the term. The move matters for the key term: by rejecting the usual application, Madison earns the right to define the word himself.

   • Stipulating a definition: republic (T1, paragraph 2)

     "we may define a republic to be, or at least may bestow that name on, a Government which derives all its powers directly or indirectly from the great body of the People, and is administered by persons holding their offices during pleasure, for a limited period, or during good behavior."

     Result: The definition has two parts: where power comes from ("the great body of the People") and how officers hold office. The three tenures are distinct: "during pleasure" means for as long as those who appointed them wish, "for a limited period" means for a fixed term, and "during good behavior" means for as long as they behave well, with no fixed end. The phrase "or at least may bestow that name on" is a hedge: Madison claims only the right to use the name this way, not to have found its one true meaning.

   • Refining the definition: essential and sufficient (T1, paragraph 2)

     Madison sets two words in italics: "It is essential to such a Government, that it be derived from the great body of the society ... It is sufficient for such a Government, that the persons administering it be appointed, either directly or indirectly, by the People."

     Result: Essential means required: without it, no government is a republic, and the clause shuts out "a favored class." Sufficient means enough: a government that meets this condition counts as a republic, even when officers are chosen indirectly. The two words refine the term in opposite directions. Essential narrows it, so that nobles cannot claim "the honorable title of republic." Sufficient widens it, so that the state governments, where "the chief magistrate himself" is often chosen indirectly, are not "degraded from the republican character." The paragraph ends by checking the refined term against the state constitutions.

3. Guided Practice15 minutes

   Read T2 together. Madison now turns to an objection: that the Convention should have kept a "Fœderal" form of government and instead framed a "National" one. Work the example below, and then pairs fill in the tracker for paragraphs 2 and 3 before the class compares answers. Show Diagram 2 and have pairs add paragraphs 2 and 3 as its rows 1 and 3.

   1"But it was not sufficient," say the adversaries of the proposed Constitution, "for the Convention to adhere to the republican form. They ought, with equal care, to have preserved the Fœderal form, which regards the Union as a Confederacy of sovereign States; instead of which, they have framed a National Government, which regards the Union as a consolidation of the States." And it is asked by what authority this bold and radical innovation was undertaken? The handle which has been made of this objection requires, that it should be examined with some precision.

   [...]

   2On examining the first relation, it appears, on one hand, that the Constitution is to be founded on the assent and ratification of the People of America, given by deputies elected for the special purpose; but on the other, that this assent and ratification is to be given by the People, not as individuals composing one entire Nation, but as composing the distinct and independent States to which they respectively belong. It is to be the assent and ratification of the several States, derived from the supreme authority in each State,—the authority of the People themselves. The act, therefore, establishing the Constitution, will not be a National, but a Fœderal act.

   [...]

   3The difference between a Fœderal and National Government, as it relates to the operation of the Government, is supposed to consist in this, that in the former, the powers operate on the political bodies composing the Confederacy, in their political capacities; in the latter, on the individual citizens composing the Nation, in their individual capacities. On trying the Constitution by this criterion, it falls under the National, not the Fœderal character; though perhaps not so completely as has been understood. In several cases, and particularly in the trial of controversies to which States may be parties, they must be viewed and proceeded against in their collective and political capacities only. So far the National countenance of the Government on this side seems to be disfigured by a few Fœderal features. But this blemish is perhaps unavoidable in any plan; and the operation of the Government on the People, in their individual capacities, in its ordinary and most essential proceedings, may, on the whole, designate it, in this relation, a National Government.

   • A borrowed term: Fœderal and National (T2, paragraph 1)

     "They ought, with equal care, to have preserved the Fœderal form, which regards the Union as a Confederacy of sovereign States; instead of which, they have framed a National Government, which regards the Union as a consolidation of the States."

     Result: These definitions are not Madison's: the sentence is quoted from "the adversaries of the proposed Constitution." In their use the two words form an either/or: a Fœderal union keeps the States sovereign, a National one merges them. Madison does not argue with the definitions. He accepts them for the sake of argument and then, in the paragraphs that follow, tests the Constitution against them, starting with its foundation (T2, paragraph 2).

   Term tracker for Fœderal and National in T2 (teacher key)

   Where	What the text says	What the term has become
   T2, paragraph 1	The objectors define Fœderal (a Confederacy of sovereign States) and National (a consolidation)	An either/or label for the whole government
   T2, paragraph 2	Ratified by the People "as composing the distinct and independent States"	Applied to one relation: the foundation is Fœderal
   T2, paragraph 3	Powers operate "on the individual citizens composing the Nation"	Applied to another relation: the operation is National

   Words in context along the way: In paragraph 1, "the handle which has been made of this objection" means the use opponents have made of it, as a handle is what one grabs. In paragraph 2, "assent and ratification" is agreement and formal approval, given "by deputies elected for the special purpose," that is, delegates chosen only for the ratifying conventions. In paragraph 3, "countenance" means face or appearance: the "National countenance" of the Government is "disfigured by a few Fœderal features," and Madison keeps the image going with "blemish." Ask pairs: What does the face image suggest about how Madison now thinks of the two terms? (A face can have features of both kinds.)

   Practice tracker for Activity 2. The tracker below was written for this page and contains deliberate errors. Pairs will test each entry against T1 and T2.

   Practice term tracker for T1 and T2. Each entry names a place in the text and says what it shows about the key term.

   1. T1, paragraph 1: Madison accepts Holland, Venice, Poland and England as republics, because political writers commonly call them republics.

   2. T1, paragraph 2: A republic "derives all its powers directly or indirectly from the great body of the People."

   3. T1, paragraph 2: "During good behavior" means that officers serve a short fixed term of a few years.

   4. T1, paragraph 2: The essential condition of a republic is that every officer be elected directly by the People.

   5. T2, paragraph 1: A Confederacy, as the objectors use the word, is a union of sovereign States.

   6. T2, paragraph 1: "National" is Madison's own word for the kind of government he admires.

   7. T2, paragraph 2: The act establishing the Constitution is National, because the People, not the State legislatures, ratify it.

   8. T2, paragraph 3: In the operation of its powers, the Government is National, because its powers act on individual citizens.

4. Independent Practice15-20 minutes

   Students read T3, the last three paragraphs of Federalist No. 39, and continue the tracker for "Fœderal" and "National," adding the rows for the extent of the Government's powers and for amendments. Then they take the quiz, which uses T3 and, in a few questions, looks back to T1 and T2.

   1But if the Government be National with regard to the operation of its powers, it changes its aspect again when we contemplate it in relation to the extent of its powers. The idea of a National Government involves in it, not only an authority over the individual citizens, but an indefinite supremacy over all persons and things, so far as they are objects of lawful Government. Among a People consolidated into one Nation, this supremacy is completely vested in the National Legislature. Among communities united for particular purposes, it is vested partly in the general, and partly in the municipal Legislatures. In the former case, all local authorities are subordinate to the supreme; and may be controlled, directed, or abolished by it at pleasure. In the latter, the local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority, than the general authority is subject to them, within its own sphere. In this relation, then, the proposed Government cannot be deemed a National one; since its jurisdiction extends to certain enumerated objects only, and leaves to the several States a residuary and inviolable sovereignty over all other objects. It is true, that in controversies relating to the boundary between the two jurisdictions, the tribunal which is ultimately to decide, is to be established under the General Government. But this does not change the principle of the case. The decision is to be impartially made, according to the rules of the Constitution; and all the usual and most effectual precautions are taken to secure this impartiality. Some such tribunal is clearly essential to prevent an appeal to the sword, and a dissolution of the compact; and that it ought to be established under the General, rather than under the local Governments, or, to speak more properly, that it could be safely established under the first alone, is a position not likely to be combated.

   2If we try the Constitution by its last relation, to the authority by which amendments are to be made, we find it neither wholly National, nor wholly Fœderal. Were it wholly National, the supreme and ultimate authority would reside in the majority of the people of the Union; and this authority would be competent at all times, like that of a majority of every National society, to alter or abolish its established Government. Were it wholly Fœderal, on the other hand, the concurrence of each State in the Union would be essential to every alteration that would be binding on all. The mode provided by the Plan of the Convention is not founded on either of these principles. In requiring more than a majority, and particularly, in computing the proportion by States, not by citizens, it departs from the National, and advances towards the Fœderal character: in rendering the concurrence of less than the whole number of States sufficient, it loses again the Fœderal, and partakes of the National character.

   3The proposed Constitution, therefore, is, in strictness, neither a National nor a Fœderal Constitution, but a composition of both. In its foundation it is Fœderal, not National: in the sources from which the ordinary powers of the Government are drawn, it is partly Fœderal, and partly National: in the operation of these powers, it is National, not Fœderal: in the extent of them, again, it is Fœderal, not National: and, finally, in the authoritative mode of introducing amendments, it is neither wholly Fœderal nor wholly National.

5. Closure5-10 minutes

   Exit ticket: On an index card, name one move Madison makes with "republic" in T1 and one move he makes with "Fœderal" or "National" in T2, with the paragraph number and the words that show the move.

   Teacher note on the sources and their language: The Federalist passages are quoted from Henry B. Dawson's 1863 edition, which reprints the newspaper text with its spellings (Fœderal, coördinate) and its capitals. Dawson numbers this essay 38 because he follows the original newspaper series; the 1788 book edition moved one newspaper essay forward (to No. 29) and split another in two (Nos. 32 and 33), so from today's No. 37 on the book numbers, now standard, run one higher. The essay is No. 39 in every modern edition, and students who look it up should use that number. Madison's "People" in 1788 did not include most women or enslaved people, a limit students can raise when they test his definition of republic. In Lincoln's address (T4), the fable is about emancipation: the shepherd who drives off the wolf stands for the Union, the sheep for an enslaved person, and the wolf for the enslaver who calls the rescue a "destruction of liberty." The line "especially as the sheep was a black one" is Lincoln's irony: the wolf protests most because the one set free is Black. The phrase is not a slur, but name its meaning plainly with students, and note that the fable casts enslaved people as passive sheep who are rescued, while in fact many freed themselves by escaping to Union lines and enlisting. "Domestic slavery" in T4 is the usual term of the time for slavery as an institution within the United States, not only household service. The excerpts contain no slurs. When Lincoln spoke, Maryland voters had just approved (April 6, 1864) a convention to write a new state constitution; that constitution abolished slavery, was narrowly ratified in October and took effect on November 1, 1864.

   Homework passage. Abraham Lincoln spoke at a fair in Baltimore on April 18, 1864, held to raise money for the care of Union soldiers. Paragraphs 2-5 of his remarks, used for the homework problems.

   1But Baltimore suggests more than could happen within Baltimore. The change within Baltimore is part only of a far wider change. When the war began, three years ago, neither party, nor any man, expected it would last till now. Each looked for the end, in some way, long ere to-day. Neither did any anticipate that domestic slavery would be much affected by the war. But here we are; the war has not ended, and slavery has been much affected—how much needs not now to be recounted. So true is it that man proposes and God disposes.

   2But we can see the past, though we may not claim to have directed it; and seeing it, in this case, we feel more hopeful and confident for the future.

   3The world has never had a good definition of the word liberty, and the American people, just now, are much in want of one. We all declare for liberty; but in using the same word we do not all mean the same thing. With some the word liberty may mean for each man to do as he pleases with himself, and the product of his labor; while with others the same word may mean for some men to do as they please with other men, and the product of other men's labor. Here are two, not only different, but incompatible things, called by the same name, liberty. And it follows that each of the things is, by the respective parties, called by two different and incompatible names—liberty and tyranny.

   4The shepherd drives the wolf from the sheep's throat, for which the sheep thanks the shepherd as his liberator, while the wolf denounces him for the same act, as the destroyer of liberty, especially as the sheep was a black one. Plainly, the sheep and the wolf are not agreed upon a definition of the word liberty; and precisely the same difference prevails to-day among us human creatures, even in the North, and all professing to love liberty. Hence we behold the process by which thousands are daily passing from under the yoke of bondage hailed by some as the advance of liberty, and bewailed by others as the destruction of all liberty. Recently, as it seems, the people of Maryland have been doing something to define liberty, and thanks to them that, in what they have done, the wolf's dictionary has been repudiated.

Differentiation Strategies

Assessment Guidance

1. Question 1 of 20 · Multiple Choice

   In T3 paragraph 1, Madison turns from the operation of the Government's powers to their extent. What does "extent" mean here?

   AHow long the powers will last before they must be renewed BHow far the powers reach: the range of matters they cover CHow strictly the powers are enforced on the citizens DHow many officers are needed to carry the powers out

2. Question 2 of 20 · Multiple Choice

   "The idea of a National Government involves in it, not only an authority over the individual citizens, but an indefinite supremacy over all persons and things" (T3, paragraph 1). What does "indefinite supremacy" mean?

   AAn unclear authority whose limits no one can state BA temporary authority that lasts until an emergency ends CSupreme authority that has no set limit on what it covers DThe supremacy of one person, such as a king, over all others

3. Question 3 of 20 · Multiple Choice

   "Among communities united for particular purposes, it is vested partly in the general, and partly in the municipal Legislatures" (T3, paragraph 1). In this passage, "municipal Legislatures" are

   Athe State legislatures, the local governments of the Union Bcity councils only, as opposed to State governments Cthe two houses of the national Congress Dthe courts that settle disputes between States

4. Question 4 of 20 · Multiple Choice

   The proposed Government's "jurisdiction extends to certain enumerated objects only" (T3, paragraph 1). What are "enumerated objects"?

   ACitizens who have been counted in a census BThe goals of the Revolution listed in the Declaration CPieces of property that the Government owns DMatters that are specifically listed as its concern

5. Question 5 of 20 · Multiple Choice

   The Constitution "leaves to the several States a residuary and inviolable sovereignty over all other objects" (T3, paragraph 1). What does this phrase mean?

   AA limited authority the States hold until Congress chooses to take it back BThe remaining supreme authority, which may not be broken into CAn authority the States share equally with foreign nations DThe authority to collect whatever taxes remain unpaid

6. Question 6 of 20 · Multiple Choice

   "Some such tribunal is clearly essential to prevent an appeal to the sword, and a dissolution of the compact" (T3, paragraph 1). What does Madison mean?

   AWithout a court for boundary disputes, force could break up the Union BA court is needed to decide which side's army should win a war between States CA treaty is needed with foreign powers to keep the peace DA new constitution will be needed if the courts cannot agree

7. Question 7 of 20 · Multiple Choice

   How does T3 paragraph 1 refine the meaning of "National" that Madison applied in T2 paragraph 3?

   AIt drops the word "National" and replaces it with "general" from then on BIt shows that "National" and "Fœderal" mean the same thing in practice CIt adds a second test, supremacy over all objects, which the Constitution fails DIt redefines "National" to mean the State governments

8. Question 8 of 20 · Multiple Choice

   "Were it wholly Fœderal, on the other hand, the concurrence of each State in the Union would be essential to every alteration that would be binding on all" (T3, paragraph 2). What does "concurrence" mean here?

   AThe agreement or consent of each State BA contest among the States for power CThe meeting of all the States at the same time DThe laws that the States pass together

9. Question 9 of 20 · Multiple Choice

   "This authority would be competent at all times ... to alter or abolish its established Government" (T3, paragraph 2). What does "competent" mean here?

   ASkilled and effective at its work BLegally entitled and able CIn competition with the States DWilling to act only in an emergency

10. Question 10 of 20 · Multiple Choice

    According to T3 paragraph 2, which feature of the amending process "advances towards the Fœderal character"?

    ALetting fewer than all the States make an amendment binding BLetting a simple majority of the people of the Union decide CRequiring more than a majority and counting by States, not citizens DLetting the tribunal under the General Government approve each change

11. Question 11 of 20 · Multiple Choice

    "In rendering the concurrence of less than the whole number of States sufficient, it loses again the Fœderal, and partakes of the National character" (T3, paragraph 2). What does "partakes of" mean?

    ATakes away from BHas a share in CPretends to have DStands opposed to

12. Question 12 of 20 · Multiple Choice

    "The proposed Constitution, therefore, is, in strictness, neither a National nor a Fœderal Constitution, but a composition of both" (T3, paragraph 3). What does "composition" mean here?

    AA written essay on a set subject BA settlement reached between the two sides of the debate CA piece of music made of several parts DA combination made up of parts of both kinds

13. Question 13 of 20 · Multiple Choice

    Across T2 and T3, how does Madison's use of "Fœderal" and "National" change?

    AHe starts with the objectors' either/or labels and ends by finding a mixture of both BHe begins with his own definitions and ends by adopting the objectors' definitions CHe begins by calling the Constitution National and ends by calling it wholly Fœderal DHe uses the two words in the same sense from the first paragraph to the last

14. Question 14 of 20 · Multiple Choice

    "In the former case, all local authorities are subordinate to the supreme ... In the latter, the local or municipal authorities form distinct and independent portions of the supremacy" (T3, paragraph 1). What do "the former case" and "the latter" refer to?

    AThe former is the State governments; the latter is the General Government BFormer: one consolidated Nation; latter: communities united for particular purposes CThe former is the operation of the Government's powers; the latter is their extent DThe former is the objectors' view of the Union; the latter is Madison's own view of it

15. Question 15 of 20 · Short Answer

    In T3 paragraph 1, what do "subordinate" and "spheres" mean? Use them to explain the difference between the two cases Madison describes.

    Show model answer

16. Question 16 of 20 · Short Answer

    What does "jurisdiction" mean in T3 paragraph 1, and what are "the two jurisdictions" whose boundary may be disputed?

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17. Question 17 of 20 · Short Answer

    Using T3 paragraph 2, explain why the amending process is "neither wholly National, nor wholly Fœderal." Define each term as Madison uses it in this paragraph.

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18. Question 18 of 20 · Short Answer

    T3 paragraph 3 sums up the essay. Explain how the paragraph's structure shows that "Fœderal" and "National" no longer work as labels for the whole Constitution.

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19. Question 19 of 20 · Short Answer

    T3 paragraph 1 ends: the tribunal "could be safely established under the first alone, is a position not likely to be combated." What do "the first," "position" and "combated" mean here, and what is Madison claiming?

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20. Question 20 of 20 · Short Answer

    Write a paragraph of 120-160 words that analyzes how Madison uses and refines the term "National" across T2 and T3. Trace at least three steps with paragraph references, and explain how the refinement helps his argument.

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These standards connect to RH.11-12.4: prerequisites to review first, parallel standards at the same level, and next steps that build on it.

Standard text: Common Core State Standards for English Language Arts & Literacy. © Copyright 2010. National Governors Association Center for Best Practices and Council of Chief State School Officers. All rights reserved.