Journal on Constitutional Democracy

The document outlines the qualifications of trustee rights of mentally ill individuals under their charge.

members as follows: It asserts, among other things, that “the contracts of

The board of trustees should not exceed twelve the mentally insane shall not be valid” and that “a will
in number and be composed of individuals may be invalidated on the ground of the testator’s
possessing public confidence, distinguished for insanity.”13 The voiding of such contracts is quite
liberality, intelligence, and active benevolence telling. Insanity is defined in Black’s Law Dictionary as
above all political influence and able and willing “any mental disorder severe enough that it prevents
to attend to the duties of their stations.12 a person from having legal capacity and excuses the
person from criminal or civil responsibility.”14 The key

At least on the surface, this statement promotes a here is the use of the term capacity, defined in Black’s
process for establishing power consistent with the as “the satisfaction of a legal qualification, such as legal
Association’s self-proclaimed universal benevolence. age or soundness of mind that determines one’s ability
They are looking for individuals who “possess public to sue or be sued, to enter into a binding contract,
confidence” and are “distinguished for liberality.” The and the like.”15 Age being a non-factor here, voiding
individuals who make it onto the board of trustees contracts thus suggests a complete inability for one to
are to be “above political influence,” which, to the practice rational thinking. If, in Enlightenment terms,
unsuspecting citizen, makes one’s status as a rational actor is essential to what
the organization appear almost
democratic in the sense that only makes one a human, what the
the most qualified and public- Association begins to imply here
minded people are being selected is that contracts and wills may be
to do the job. What this generous voided because, due to a lack of
reading of the Association’s “soundness of mind,” the person
intentions avoids, however, are who made the contract actually
the implications of the selection lacks a characteristic essential to
his or her humanity.

process being internally-governed Further problems are posed

and inherently cyclical. In so far by how the document lays out

as the need to be “above political provisions that would allow

influence” implies the political “Alabama Insane Hospital” (1907) someone to be committed to

capital that Association trustees the institution. According to the

and physicians have, it also creates a situation wherein Association, one must have “the certificate of one or
current trustees can maintain their own position of more reputable physicians.” The problem with this
power and influence by choosing new members whose system, much like in the case of the Indiana law, is
beliefs align with their own—or, conversely, by which that it creates a sham system of checks and balances
new trustees only can rise to power by conforming to which it then presents as procedurally just. Just as the
the politics of those already there. The system created, Indiana law created a closed system for determining
here, can easily and troublingly fold in on itself: one what qualified one as certifiably insane so too does
gains public confidence by being in power; one comes this system. There is no check to the power structure
into power by endorsing and perpetuating beliefs and these “reputable physicians” occupy—to the position
policies that may or may not be in the best interests of of power from which they dole out sanctions—thus
the mentally ill.
permitting the possibility of disenfranchisement under

The ramifications of this cyclical process can be the false assurance of due process.

observed in the way power ends up being used on behalf Take, for example, how this document attempts to
of (and, again, without the consent of) those labeled check itself by creating a system whereby someone
mentally ill. This document gives physicians absolute falsely committed to an insane asylum can petition to
power to make decisions depriving the legally ensured be released:

Journal on Constitutional Democracy 49



















Center for Immigration Studies, “Pie Chart of Immigration: agreeing that America must be made great again while
simultaneously asking them to relinquish their free will
Figure 3. Immigrants and Natives by Race” (2007) when it comes to making specific choices about how
that greatness will be achieved.
frustrated by their own status, come to see immigration
policies and immigrant communities as scapegoats and, For example, Trump’s messages on immigration are
in turn, likewise come to see the disenfranchisement focused on America being the most powerful country
of these communities as a means of improvement. in the world and how, in order to retain this status, the
Especially for a nation that has prided itself on the United States must take measures to ensure security.
prevention of foreign threats, Trump’s rhetoric strikes One of the ways that Trump ostensibly wants to
an emotional chord, and even though the content heighten American security is by building a wall on
of Trump’s speeches are not based upon substance, the border between Mexico and America. Customer
Americans still find solace in a form of empty rhetoric satisfaction is lowered, though, when Trump is not able
that change must occur. to provide substantial evidence or proof of how he will
follow through with his plans. Instead of providing such
Limiting the Quality and Quantity of Choice evidence—and instead of providing a more tenable
the American People May Exercise policy agenda for addressing the immigration concerns
he and his constituents share—Trump merely says,
Another way of thinking about the consequences of “Trust me.” Similarly, when Trump was questioned
Trump’s use of designated and internalized coercion about how to make Mexico pay for the wall he merely
involves considering how, from a consumer satisfaction stated, “Mexico is going to pay. The reason is they are
standpoint, Trump has lowered the potential for making a fortune off of the United States far more than
satisfaction among the American people by setting the cost of the wall.”13
an agenda that divests voters of their political will.
Specifically, the American people are consumers of The degree to which Trump delegitimizes democracy
democracy and, in this designation, have the free will by limiting the amount of substantive information
to vote for the candidate that best represents their voters possess can also be seen on his campaign website,
values and whose vision of the nation most aligns with “To Make America Great Again,” which includes
their own. At least in theory, then, candidates for the references to reviving the principles in the U.S.
Office of President must be cognizant of creating an Constitution in order to reform immigration policies.14
agenda that is comprised of what the American people Though he summons a grand symbol of patriotism
might choose as the most important political issues. that would certainly appeal to his base, Trump does
In contrast, by promoting only broad expectations for not actually explain how his policies would be derived
what the country would look like should he be elected from constitutional principles, perhaps due in large
into office, Trump coerces the American people into part to the fact that there are no explicit references
to immigration in the U.S. Constitution, therefore
making it is a rather curious standard for him to invoke.

“America will only be great,” Trump writes on his
website, “as long as America remains a nation of laws
that lives according to the Constitution. No one is
above the law.”15 Delving further into his website
from here, we see how Trump repeatedly articulates
viewpoints like this one that are easily identified with,
and, moreover, how also he repeatedly supports these
viewpoints by doing little else than (a) creating a sense
of hysteria around the idea that the American people
are being unfairly treated, due to a lack of respect for

Journal on Constitutional Democracy 59

the rule of law, or (b) outlining steps that, if executed, 3“Donald Trump Transcript: ‘Our Country Needs a
would infringe on the rights of legal immigrants and Truly Great Leader’,” last modified June 16, 2015,
other individuals in search of opportunity: “Make http://blogs.wsj.com/washwire/2015/06/16/donald-
Mexico Pay For The Wall [,] Defund sanctuary trump-transcript-our-country-needs-a-truly-great-
cities [,] End birthright citizenship [,] Put American leader/.
Workers First.”16 4“Iowa Freedom Summit,” last modified January
24th, 2015, http://www.p2016.org/photos15/summit/
The Preamble in the Constitution of the United States trump012415spt.html.
reads as follows: 5“Iowa Freedom Summit,” last modified January
24th, 2015, http://www.p2016.org/photos15/summit/
We the People of the United States, in order trump012415spt.html.
to form a more perfect Union, establish Justice, 6Raphael Cohen-Almagor, “On Compromise
insure domestic Tranquility, provide for the and Coercion,” Ratio Juris 19 (2006): 434-455,
common defense, promote the general Welfare, accessed November 13, 2015, doi: 10.1111/j.1467-
and secure the Blessings of Liberty to ourselves 9337.2006.00338.x.
and our Posterity, do ordain and establish this 7“Federalist Papers NO. 10,” last modified 2015,
Constitution for the United States of America.”20 http://billofrightsinstitute.org/founding-documents/
primary-source-documents/the-federalist-papers/
The Preamble is centered around bringing the federalist-ppers-no-10/.
American people together for the common good and 8“What is Duty?,” http://thelawdictionary.org/duty/.
to ensure that no one group in the country is being 9“Alien,” https://www.law.cornell.edu/wex/alien.
persecuted. This commitment to public good is 10“Alien” https://www.law.cornell.edu/wex/alien.
precisely what Trump undermines by falsely burdening 11“Center for Immigration Studies,” last modified
Hispanic immigrants in particular with the stereotype November 2007, http://cis.org/immigrants_
of being a barrier to “Making America Great Again.” profile_2007.
Perhaps, the Framers purposefully decided not to 12Trevor Brown, “Coercion versus Choice:
include immigration in the Constitution because they Citizen Evaluations of Public Service Quality
themselves were all immigrants (even though some across Methods of Consumption,” Public
were born in the American colonies, their ancestors Administration Review 67 (2007): 559-572, accessed
were not from America). If this theory is true, then November 14, 2015, http://search.proquest.com/
Trump’s strong stance on anti-immigration policies docview/197175644?accountid=14576.
has created the kind of tensions between the Hispanic 13“Anderson Cooper 360 Degrees,” last modified
population and other Americans that the Framers were January 6, 2016, http://transcripts.cnn.com/
specifically trying to minimize. TRANSCRIPTS/1601/06/acd.02.html.
14“Immigration Reform That Will Make America
1Raphael Cohen-Almagor, “On Compromise Great Again,” last modified 2016, https://www.
and Coercion,” Ratio Juris 19 (2006): 434-455, donaldjtrump.com/positions/immigration-reform.
accessed November 13, 2015, doi: 10.1111/j.1467- 15“Immigration Reform That Will Make America
9337.2006.00338.x. Great Again,” last modified 2016, https://www.
2Samuel Huntington, “The Hispanic Challenge,” donaldjtrump.com/positions/immigration-reform.
Foreign Policy (March/April 2004): 30-45, accessed 16“Immigration Reform That Will Make America
April 22, 2016, http://learning.hccs.edu/faculty/ Great Again,” last modified 2016, https://www.
ahmed.shagroni/american-government-2301/ donaldjtrump.com/positions/immigration-reform.
readings-for-group-discussion-projects/group-two/ 17“Constitution of the United States,”
the-hispanic-challenge-samuel-huntington/view http://www.archives.gov/exhibits/charters/
constitution_transcript.html.

60 Kinder Institute

“In God We Trust” and “Under God”:
Eisenhower’s Theocratic Legacy

Caroline Spalding

Congress shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the
people peaceably to assemble, and to petition the government for a redress of grievances.

—The First Amendment to the Constitution of the United States

In the 1950s, President Eisenhower signed two bills standing to bring suit. Chief Justice Rehnquist and
into law that had implications for our understanding Justices Thomas and O’Connor wrote concurring
of the First Amendment in general, and particularly opinions that actually upheld Newdow’s standing
its Establishment Clause. The first bill ushered in the but denied Newdow’s claim that the phrase was
inclusion of the phrase “under God” into the Pledge unconstitutional. Even though the constitutionality
of Allegiance. The second bill instituted “In God We of these phrases has been ruled on by the courts,
Trust” as a national motto, to be inscribed on stamps questions surrounding the legal legitimacy of invoking
and national currency. In the statements he made religion in the Pledge of Allegiance and national motto
when enacting these provisions into law, Eisenhower still remain today.
underlined the importance of the “Almighty” to the
founding of our nation and to its continued wellbeing. “United States One-Dollar Bill” (2016)
He emphasized that to be someone who “truly loves As I will examine in this article, historical context
America,” one must be willing to invoke the love of is required to fully understand the constitutional
country and a belief in the Christian deity every morning. questions and issues in play. In response to communist
“godlessness” during the Cold War, President Dwight
Since Eisenhower’s time, two main court cases have D. Eisenhower utilized a combination of fear-
challenged the constitutionality of these phrases: mongering and patriotic rhetoric to institute the new
Aronow v. United States (1970) and Elk Grove Unified national motto and to justify the inclusion of “under
School District v. Newdow (2004). Aronow involved God” in the Pledge of Allegiance. By manipulating
the motto “In God We Trust” and was decided by public mindset in a way that established a pressing need
the Court of Appeals for the Ninth Circuit. The to differentiate Christian America from the atheistic
Ninth Circuit concluded that the national motto had
no religious significance and that its use on currency
was purely ceremonial. As a result, the Court held as
insubstantial Aronow’s claim that “In God We Trust”
was an unconstitutional establishment of religion. The
Supreme Court denied an appeal.

In Elk Grove Unified School District, Newdow challenged
the constitutionality of “Under God” in the Pledge
of Allegiance. Elk Grove was decided by the Supreme
Court, with the majority holding that Newdow lacked

Journal on Constitutional Democracy 61

Soviet Union, he effectively created a dichotomy that Reverend Graham encouraged a separatist ideology

prevented deliberation over the constitutionality of that associated faith in God both with national identity

these phrases for nearly three decades. and with winning the Cold War, and Eisenhower

In the 1950s, Christian church attendance, membership, would soon draw on a similar logic. For example,
and funding substantially increased around the same when President Eisenhower signed a bill to include
time as the influence of President Eisenhower and the words “under God” in the Pledge of Allegiance in
Reverend Billy Graham increased.1 Graham had rapidly 1954, he declared

ascended to fame as a result of his animated, anti- From this day forward, the millions of our school

communist sermons, and shortly after finding himself children will daily proclaim in every city and town,

in the spotlight, he met Dwight Eisenhower during every village and rural school house, the dedication

Eisenhower’s bid for the presidency.2 Eisenhower of our nation and our people to the Almighty.

had not been baptized,3 a To anyone who truly

revelation that caused quite loves America, nothing

a stir and seriously disturbed could be more inspiring

Graham, who persuaded than to contemplate this

Eisenhower to be baptized rededication of our youth,

into the Presbyterian faith on each school morning, to

(the church of Mamie our country’s true meaning.6

Eisenhower, his wife).4 George Pflaum, “Treasure Chest: This Godless Communism, To Eisenhower and many
Importantly, while neither Vol. 17:2, p.4” (1961) others during this time period,
Eisenhower nor Graham it took religious faith to connect
emphasized a particular the nation’s past, present, and
Christian denomination, they future together in a way that
did introduce a problem by was truly patriotic. So by using
implying that the citizenry as a language like “rededicate”
whole was Christian, a stance to establish the connection
in line with the idea of the between nation and Almighty,
“generic God” discussed in he identifies religious tradition
the cases below. Eisenhower as fundamental not only to this
and Graham grew fairly close, country’s past but also, in this,
and many of Eisenhower’s to its basic identity. Moreover,
ideas about adding religious with language like “[f]rom this
phrases into law originated day forward,” he suggests that
with Graham, who often his decision to reaffirm this
conflated faith and politics in connection was would assure
his sermons. For example, in that religious faith would
a 1949 sermon given in Los continue to play a role in
Angeles, Graham stated: national identity well into the

And I would say to our international problems United States’ future. To break from the tradition drawn

that the principles of Christ form the only on here would, Eisenhower suggests, be the equivalent of

ideology hot enough to stop communism! When un-patriotically rejecting “our country’s true meaning”

communism conquers a nation, it makes every and, as we will see in later quotations, making oneself an

man a slave! When Christianity conquers a opponent comparable to the “godless” communists. By

nation, it makes every man a king!5 way of his rhetoric, the choice of questioning his logic

By appealing to American citizens’ sense of patriotism, thus becomes quite unappealing.

62 Kinder Institute

















The men and women who signed the along with their right to act on a desire for equality,
Declaration of Sentiments used it within the context of the specific forms of oppression
they faced in the young nation.

as a call-to-arms for demanding the To provide some very brief and broad background on
full inclusion of the rights of women as these forms of oppression, women in early America
citizens of the United States of America. were by law under the jurisdiction of their husband or
father. The legal standard of coverture took away rights

of citizenship, such as property and wealth ownership,
for married women, and this standard likely played

While the Declaration of Independence eloquently a large role in Abigail Adams’ seeking to encourage
stated the intention of the thirteen North American the elevation of women’s status to that of men’s.5
Unfortunately, by the mid-nineteenth
colonies to become an independent
century, Abigail Adams’ desires had
nation under the values of liberty and
not been granted, and critics of the
self-government, it still has long been
Declaration of Independence would
a source of controversy. Throughout
point to this gender-based discrepancy
American history, many have critiqued
in status as evidence of a fundamental
it, debated how to interpret it, and
contradiction that the document
disagreed about the intentions of the
presents: an all-encompassing promise
men who wrote and signed it. When
of freedom and equality that even its
looking purely at its language, we see
own drafters failed to support. The
sweeping phrases, like “one people”
authors and signers of the Declaration
and “Law of Nature,” which suggest
of Sentiments went one step further,
that the document as a whole refers to,
identifying this contradiction not only
and is designed to promote and protect,
as one of philosophy but also one of
notions of human rights and individual
language, arguing that the documents’
liberty that are all-inclusive. It therefore Abigail Adams (c. 1800)]
ambiguous use of “men”—combined
becomes easy to see why women in the
nineteenth century were upset that a document that with the absence of any mention of women—provided
so inclusive its language did not, in practice, apply to an apparatus of sorts for limiting the freedoms that
their sex. The political reality for women during this the Declaration of Independence promised based
time period was, of course, that they were not included on gender and thus relegating women to second-
under the umbrella of equal rights as stated in the class citizens. Elizabeth Cady Stanton thought the
phrasing of the Declaration of
Declaration. When confronted
Independence so problematic
with the question of whether
that she used the drafting of
or not there were restrictions
the Declaration of Sentiments
on who was sanctioned to fully
as an opportunity to essentially
exercise the inalienable rights
rewrite the nation’s founding
to life, liberty, and the pursuit
document in terms that
of happiness, women had no
specifically included women.
choice but to answer ‘yes.’

As a result of this exclusion Elizabeth Cady Stanton (c. 1900) The nature of Stanton’s act
from the political universe of revision is at the heart
created by the Declaration of of this paper, and as I move
Independence, the Declaration through the two documents,
of Sentiments emphasizes I will indicate in bold what
women’s fundamental rights,

Journal on Constitutional Democracy 71

language from the Declaration of Independence she as merely a part of men. However, as the sentence
substantively changed and will then provide analysis continues, it calls for this portion to act defiantly and
of the significance of her alterations. These changes strongly by “assum[ing]” and occupying a new position
generally can be categorized into four “types”: in this family—a position equal to its [the family’s]
gender inclusive language, experiences of oppression, other, male portion. That “separation” becomes “such
statements of rights, and calls to action. To start off, the a course” further demonstrates the differences between
following quotations are the introductory sentences the American founding and the movement for women’s
of both the Declaration of Independence and the rights by emphasizing the demand for inclusion at the
Declaration of Sentiments. Each introduction provides heart of the latter.
a brief overview of the authors’ intentions and also
affirms their rights under a higher power to perform Interestingly, Stanton leaves much of the Declaration of
the actions that are to follow from the drafting of each Independence’s original introduction in place in order
of their respective documents. to establish precedent and validity for the philosophical
claims made in her document. For example, “laws of
When in the Course of human events, it becomes nature” and “nature’s God” are kept as statements of
necessary for one people to dissolve the political both the divine authorization of and the logical grounds
bands which have connected them with another, for demanding women’s right to equality. However,
and to assume among the powers of the earth, the Stanton still highlights the hypocrisy of the Declaration
separate and equal station to which the Laws of even in keeping this language, by implying that women’s
Nature and of Nature’s God entitle them, a decent status as equal citizens not only is but always has been
respect to the opinions of mankind requires that sanctioned by reason and God and therefore should have
they should declare the causes which impel them already been in place per the terms of the Declaration of
to the separation. Independence’s argument. In general, the fact that many
phrases in the Declaration of Independence could be
—Declaration of Independence (1776) directly translated into the Declaration of Sentiments
shows a telling parallel between the intents and purposes
When, in the course of human events, it becomes of the two documents and their authors. In a way, an
necessary for one portion of the family of man argument calling for women to gather together to
to assume among the people of the earth a fight perceived injustices can be crafted using the same
position different from that which they have premise the one that American patriots penned in hopes
hitherto occupied, but one to which the laws of of encouraging individuals to band together to resist a
nature and of nature’s God entitle them, a decent government that they felt no longer upheld their rights.
respect to the opinions of mankind requires that
they should declare the causes that impel them The next section of each text reaffirms the fundamental
to such a course. rights of human beings as determined by a higher power
and, in doing so, provides justification for the common
—Declaration of Sentiments (1848) purpose of the documents as a whole: the elimination of
a government that impedes these rights. Gender specific
As previously discussed, the issue at hand in 1848 was no language is introduced here to highlight the current
longer the separation of a group of colonies from their state of inequity in America and to thus encourage the
mother country but the achievement of a higher status reform of the political system in place.
for all women. A key alteration that supports this is the
change of “one people” to “one portion of the family We hold these truths to be self-evident, that all
of man,” which, at first glance, seems to undermine men are created equal, that they are endowed
the document’s overall objective by defining women by their Creator with certain unalienable Rights,
that among these are Life, Liberty and the

72 Kinder Institute

pursuit of Happiness,—That to secure these sentence in order relieve the original of any ambiguity
rights, Governments are instituted among Men, and, in doing so, to eliminate the problematic, gender
deriving their just powers from the consent of exclusive notion of government that the Declaration of
the governed,—That whenever any Form of Independence produced.
Government becomes destructive of these ends, it
is the Right of the People to alter or to abolish Additionally, two phrases inserted into the above
it, and to institute new Government, laying its section of the Declaration of Sentiments work to
foundation on such principles and organizing its transform philosophical claims into practical reality
powers in such form, as to them shall seem most by inspiring action and rebellion among “those
likely to effect their Safety and Happiness… who suffer” from destructive government—itself an
important change from “People” because it identifies
—Declaration of Independence (1776) women specifically as the targets of oppression. The
first insertion encourages women to cast off the yoke
We hold these truths to be self-evident: that of suffering by “refus[ing] allegiance” to a government
all men and women are created equal; that that intrudes on their rights, while the second insertion
goes one step further by calling on women to “insist”
they are endowed by their Creator with that a new government worthy of their support—
certain inalienable rights; that among these one that acknowledges these rights—be instituted.
are life, liberty, and the pursuit of happiness; Moreover, the open-endedness of “refusing allegiance”
that to secure these rights governments are in particular ultimately empowers women to continue
instituted, deriving their just powers from the to protest until they feel necessary changes have been
consent of the governed. Whenever any form satisfactorily made. As seen here, in the shift from
of government becomes destructive of these philosophical to physical language, the Declaration
ends, it is the right of those who suffer from it of Sentiments was clearly drafted not only to raise
to refuse allegiance to it, and to insist upon awareness about the exclusion of women and to justify
the institution of a new government, laying its their equality but also to actively push for social change.
foundation on such principles, and organizing its
powers in such form, as to them shall seem most In the next set of quotations, the documents broadly
likely to effect their safety and happiness…” declare the reasons for agitation, outlining the general
nature of the oppression that the authors face as a way
—Declaration of Sentiments (1848) of preparing the reader for the list of specific grievances
to come.

Like the founders, Stanton invokes a “Creator” to Such has been the patient sufferance of these
justify her argument regarding rights; however, she also Colonies; and such is now the necessity which
introduces language referring specifically to women— constrains them to alter their former Systems of
and deletes language referring exclusively to men—as Government. The history of the present King
a way of both differentiating her objectives from the of Great Britain is a history of repeated injuries
founders’ and framing her argument as a critique of and usurpations, all having in direct object the
the Declaration of Independence. Instead of “all men,” establishment of an absolute Tyranny over these
we now see “all men and women,” so to make it clear States. To prove this, let Facts be submitted to a
that women should share equally in—that women are, candid world.
moreover, just as divinely entitled to—the rights the
document enumerates. While it is possible that “Men” —Declaration of Independence (1776)
in the original document could refer to all humankind,
Stanton also omits the phrase “among Men” in the next

Journal on Constitutional Democracy 73

Such has been the patient sufferance of the sufficient Colonies, the above phrase allows Stanton
women under this government, and such is now to underline how the purpose of the Declaration of
the necessity which constrains them to demand Sentiments is to single out men for their tyranny over
the equal station to which they are entitled. The women as a way of identifying the current system of
history of mankind is a history of repeated injuries governance as untenable. The parallel language of the
and usurpations on the part of man toward Declaration of Sentiments thus leaves two choices: men
woman, having in direct object the establishment must either acknowledge that they are similar to the
of an absolute tyranny over her. To prove this, let tyrant whom they originally opposed and accept that
facts be submitted to a candid world. women have the right to refuse allegiance to an unjust
government or they must dismiss their tyrannical urges
—Declaration of Sentiments (1848) and readily accept the women’s demands.

To account for its specific historical context—and Up until this point, the Declaration of Sentiments stuck
specific set of grievances—The Declaration of relatively close to the language of the Declaration of
Sentiments places women in the position of the Independence, with small yet critical changes in word
oppressed, with men as the oppressor, directly shown choice and phrasing that were intended to call attention
by the transformation of “Colonies” to “women under to the message Stanton wanted to convey. From here,
this government” and “King of Great Britain” to “man.” however, the Declaration of Sentiments branches off
Another key to communicating the specific context into a list of specific grievances related to women and
being addressed while also underscoring the absolute their lived experiences under the present government.
rightness of the claims and demands being made is the These grievances address a variety of women’s issues
phrase, “The history of mankind is a history of repeated including suffrage, marriage and divorce laws, property
injuries and usurpations on the part of man toward ownership, and education (note—the “equivalent”
woman, having in direct object the establishment of passage in the Declaration of Independence will not be
an absolute tyranny over her.” A stroke of rhetorical cited below):
mastery, Stanton strategically equates the injustices
Having deprived her of this first right of a citizen,
J.J. 8099 Faucheuses á Champéry [ Lawn Mower]” (c. 1900) the elective franchise, thereby leaving her without
representation in the halls of legislation, he has
men visit on women to the tyrannical nature of British oppressed her on all sides…
rule before the Revolution in order to create a kind of
logical bind. Just as the Declaration of Independence’s He has made her, if married, in the eye of the law,
purpose in citing this experience of tyranny was to civilly dead…
proclaim the King of Britain unfit to rule the self-
He has taken from her all right in property, even
to the wages she earns…

He has denied her the facilities for obtaining a
thorough education, all colleges being closed
against her…

He has endeavored, in every way that he could,
to destroy her confidence in her own powers, to
lessen her self-respect, and to make willing to lead
a dependent and abject life. Now, in view of this
entire disfranchisement one-half the people of this
country, their social and religious degradation--

74 Kinder Institute

















politicians being able to receive majority support and Intercept article by Jon Schwarz, “Colin Powell doctored
prosper in a democracy that is saturated with apathetic, intercepted Iraqi communications for his U.N.
low-informed voters are profound. presentation to make them appear more alarming.”24
The same article also discusses how the administration
Not only can a candidate coast by without being “said that aluminum tubes Iraq had tried to import were
held accountable for their mistakes; a lack of political ‘only really suited for nuclear weapons programs,’”
knowledge likewise makes the public vulnerable even as Bush was being told that the State Department
to deceit from those in office. The presidency of and Energy Department correctly believed the tubes
George W. Bush and his invasion of Iraq is a strong were intended to be used as conventional rockets.
example. Post-9/11, the American public wanted to The administration also ignored the UN resolution
punish the perpetrators, and George W. Bush used the condemning the war and the fact that it was illegal
opportunity to go to war. The costs of this decision under the UN’s charter.25 According to a Guardian
were monumental. 655,000 people have died in Iraq article by Ewen MacAskill and Julian Borger, “The
since the invasion. 189,000 of those were direct war UN chief had warned the US and its allies a week
deaths, including 4,488 U.S. service personnel, 134,000 before the [Iraq] invasion in March 2003 that military
civilians, and 150 reporters. 2.8 million people were action would violate the UN charter.” The lesson is
either internally or externally displaced by the war. not simply that, by these accounts, the war was falsely
The U.S. Treasury reported spending $1.7 trillion on entered into. Instead, the purpose of this example is to
war expenses through FY 2013, as well as $490 billion show how an American electorate that does not contain
in war benefits owed to veterans. 32,223 troops were significant political knowledge—or, more direly, any
injured, although the figure does not include those interest in gaining such knowledge—is susceptible to
affected by PTSD. The U.S. will also owe $7 trillion in letting such deception go unnoticed.
projected interest payments, due by 2053, for the money
it borrowed to pay for the war. $20 billion was paid to The Vietnam War offers a parallel for understanding
KBR, a private contractor hired by the government, the impact informed citizens can have. Before building
$3 billion of which was considered “questionable” by this parallel out, it is worth noting that the two time
Pentagon auditors. $60 billion went to reconstruction, periods of the Vietnam and Iraq Wars closely mirror
although much of it has since been determined a waste the voter participation and political knowledge data
after going towards funding corruption or poor quality previously discussed. Which is to say that (a) political
work. The U.S. also managed to lose $546 million in knowledge and voter participation were substantially
spare parts and 190,000 guns, including 110,000 AK- higher during the Vietnam War and (b) that one can
47s.23 These numbers are for the Iraq War alone, easily connect the dots to come to the conclusion that
and they do not include military expenditures and this fact contributed to the difference in the reaction of
casualties for the other wars associated with the 9/11 the electorate to the two wars.
terror attacks and the pursuit of Al-Qaeda leaders.
In 1965, U.S. combat troops were sent into Vietnam,
The purpose of citing these stats is not necessarily although American intervention stretched back to
to answer the question of whether or not the war 1955.26 By 1967, 15,058 Americans had been killed
was avoidable (though it should be noted that many and 109,527 had been wounded. Soldiers began to
people would answer that question with a resounding lose their faith in the war and stateside civilians began
‘yes’). The question at hand instead is whether or not to hold massive anti-war protests. The electorate was
the public was misled with regard to the premises on informed about the war and its effects, and while the
which the nation entered the war. With regard to this draft did play a part in that, the levels of political
second question, many argue that the administration knowledge among voters are undeniably significant in
was so determined to go to war that they manufactured understanding the mass disapproval. Voters were aware
evidence (most notably with regard to Iraq’s store of of what was happening, and many expressed their
weapons of mass destruction) to make large-scale displeasure with the war and its effects. The pressure
conflict seem absolutely necessary. According to an

Journal on Constitutional Democracy 83

from anti-war protestors prompted Lyndon B. Johnson 1Ben Terris and Stephanie Kirchner, “The story of
to halt bombings in certain areas of Vietnam and to the surgery that made Ben Carson famous—and
open peace talks with North Vietnam. Though those its complicated aftermath,” Washington Post, 13
talks eventually reached an impasse, they still showed November 2015, accessed May 9, 2016, https://www.
the power of informed popular opinion. Nixon also washingtonpost.com/lifestyle/style/the-story-of-
bowed to popular opinion when he tried to limit the the-surgery-that-made-ben-carson-famous--and-its-
number of American causalities by ending draft calls complicated-aftermath/2015/11/13/15b5f900-88c1-
in 1972, eventually creating an all-volunteer army by 11e5-be39-0034bb576eee_story.html.
1973. He also continued to work on peace talks, but 2Jane Hampton Cook, “How often do Americans
to no avail. While the war did not end until 1975, ten elect political outsiders to the presidency,” The Hill,
years after it began, the American people were much accessed May 9, 2016, http://thehill.com/blogs/
more skeptical and were able to affect more change pundits-blog/presidential-campaign/252557-how-
within government and military policies regarding the often-do-americans-elect-political-outsiders-to.
war than in Iraq. 3Anthony Zurcher, “Trump angered by detailed
foreign policy questions during interview,” BBC News,
accessed May 9, 2016, http://www.bbc.com/news/
world-us-canada-34135543.
4Michael R. Gordon and Rukmini Callimachi, “Kurds
Retake Strategic Highway in Iraq’s North from ISIS,”
New York Times, 12 November 2015, accessed May 9,
2016, http://www.nytimes.com/2015/11/13/world/
middleeast/sinjar-isis-iraq-syria.html?_r=2.
5Trib Gabriel, “Ben Carson Is Struggling to Grasp
Foreign Policy, Advisers Say,” New York Times, 17
November 2015, accessed May 9, 2016, http://www.
nytimes.com/2015/11/18/us/politics/ben-carson-is-
struggling-to-grasp-foreign-policy-advisers-say.html.
6“British MPs Call Trump a Buffoon, a Wazzock,”
KETV Omaha News, accessed May 9, 2016, http://
www.ketv.com/politics/british-mps-trump-a-buffoon-
a-wazzock/37507092
7“How Petitions Work,” UK Government and
Parliament, accessed May 9, 2016, https://petition.
parliament.uk/help.
8Tim Hume, “British MPs debate Trump ban, label
him ‘crazy,’ a ‘buffoon,’ a ‘wazzock,” CNN News, 19
January 2016, accessed May 9, 2016, http://www.
cnn.com/2016/01/19/politics/uk-parliament-trump-
debate/.
9“British MPs Call Trump a Buffoon, a Wazzock.”
10“America’s Worst Vice Presidents,” Time, 21
August 2008, accessed May 9, 2016, http://time.
com/4314491/americas-worst-vice-presidents/item/
dan-quayle/.
11“List of Biden’s political blunders,” Fox News, 6
October 2014, accessed May 9, 2016, http://www.
foxnews.com/politics/2014/10/06/bidens-list-

84 Kinder Institute

political-blunders.html.
12Elizabeth Kolbert, “The Big Sleazy: How Huey
Long took Louisana,” The New Yorker, 12 June 2006,
accessed May 9, 2016, http://www.newyorker.com/
magazine/2006/06/12/the-big-sleazy.
13Chuck Raasch, “Gore: A private man with public
ambitions,” USA Today, 23 June 2000, accessed May
9, 2016, http://usatoday30.usatoday.com/news/e98/
e2146.htm
14Coded as 001356.
15Coded as 640305.
16Coded as 000343.
17Coded as 640307.
18Coded as 001353a.
19Coded as 640312.
20Josh Haskell and Ryan Struyk, “Trump Holds
Slight Lead in Final Iowa Caucus Poll; Clinton in
Tight Race with Sanders,” ABC News, 30 January
2016, accessed May 9, 2016, http://abcnews.go.com/
Politics/trump-holds-slight-lead-final-iowa-caucus-
poll/story?id=36620105.
21Lynn Vavreck, “The Power of Political Ignorance,”
New York Times, 23 May 2014, accessed May 9, 2016,
http://www.nytimes.com/2014/05/25/upshot/the-
power-of-political-ignorance.html.
22Eric Bradner, “Donald Trump Stumbles on
David Duke, KKK,” CNN Politics, 29 February
2016, accessed May 9, 2016, http://www.cnn.
com/2016/02/28/politics/donald-trump-white-
supremacists/.
23Michael B. Kelley and Geoffrey Ingersoll, “The
Staggering Cost of the Last Decade’s US War in
Iraq—In Number,” Business Insider, 20 June 2014,
accessed May 9, 2016, http://www.businessinsider.
com/the-iraq-war-by-numbers-2014-6.
24Jon Swartz, “Trump is Right, Bush Lied: A Little-
Known Part of the Bogus Case for War,” The Intercept,
18 February 2016, accessed May 9, 2016, https://
theintercept.com/2016/02/18/trump-is-right-bush-
lied-a-little-known-part-of-the-bogus-case-for-war/.
25Ewan MacAskill and Julian Borger, “Iraq war was
illegal and breached UN charter, says Annan,” The
Guardian, 15 September 2004, accessed May 9, 2016,
http://www.theguardian.com/world/2004/sep/16/iraq.
iraq.
26“Vietnam War History,” History, accessed May 9,
2016, http://www.history.com/topics/vietnam-war/
vietnam-war-history

Journal on Constitutional Democracy 85

2016 Journal on Constitutional 4. Gilbert Stuart, “George Washington- The Munro-Lenox
Portrait” (1800)
Democracy Images http://digitalcollections.nypl.org/items/8fc139f9-a122-5868-
e040-e00a18064236
Hutton The New York Public Library. “George Washington- The
1. “Inauguration, 1905” (1905) Munro-Lenox Portrait” New York Public Library Digital
http://digitalcollections.nypl.org/items/9f02b302-e02b-eacd- Collections. Accessed March 15, 2016.
e040-e00a18060a17 5. D.F. (David Francis) Barry, “Sitting Bull’s Family” (1891)
The Miriam and Ira D. Wallach Division of Art, Prints http://www.loc.gov/pictures/item/97500333/
and Photographs: Print Collection, The New York Public Library of Congress Prints and Photographs Division.
Library. “Inauguration, 1905.” New York Public Library http://www.loc.gov/pictures/item/97500333/
Digital Collections. Accessed March 29, 2016. 6. General George Washington and his family (date
2. “Jefferson’s Draft of First Inaugural Address,” (1801) unknown)
http://www.loc.gov/exhibits/inaugural/images/vc6796a.jpg http://digitalcollections.nypl.org/items/510d47da-f34d-
Library of Congress Manuscripts Division. “Jefferson’s Draft a3d9-e040-e00a18064a99
of First Inaugural Address.” Library of Congress Digital The Miriam and Ira D. Wallach Division of Art, Prints
Collections. Accessed March 29, 2016. and Photographs: Print Collection, The New York Public
3. Amos Doolittle, “The Looking Glass” (1787) Library. “Gen. George Washington and his family. (Geo.
https://www.loc.gov/pictures/item/2008661778/ Washington Parke Custis, Gen. George Washington,
Library of Congress, Prints and Photographs Division. “The Eleanore Parke Custis, Martha Washington, William Lee)”
Looking Glass.” Library of Congress Digital Collections. New York Public Library Digital Collections. Accessed
Accessed March 29, 2016. March 15, 2016.
4. “Mount Rushmore National Memorial” (2016) Author’s 7. James Otto Lewis, “The Pipe Dance and the Tomahawk
image. Dance” (1825))
Engen http://images.indianahistory.org/cdm/ref/collection/
1. “Help us to win the vote” (1914) aboriginals/id/41
http://www.loc.gov/pictures/item/97500240/ The Aboriginal Port Folio or a Collection of Portraits of
George Grantham Bain Collection: Library of Congress, the Most Celebrated Chiefs of the North American Indians.
Prints and Photographs Division. “Help us to win the vote.” Philadelphia: Lehman & Duval, 1836. James Otto Lewis,
Library of Congress Digital Collections. Accessed March 29, “The Pipe Dance and the Tomahawk Dance” (1825).
2016. Copyright 2003, Indiana Historical Society. Accessed April
Wisniewsky 21, 2016. (Rights purchased 2016).
1. David Francis Barry, “Portrait of Sitting Bull” (1885) 8. “Dinner [held by] First and Second Companies Governor’s
https://commons.wikimedia.org/wiki/File:Sitting_Bull.jpg. Foot Guards [at] ‘Hotel Somerset, Boston, MA (HOTEL;)’”
Accessed March 24, 2016. (1906)
2. Gilbert Stuart, George Washington (The Constable- http://digitalcollections.nypl.org/items/510d47db-8078-
Hamilton portrait) (1794) a3d9-e040-e00a18064a99
http://digitalcollections.nypl.org/items/8fc136e6-8528-26f0- Rare Book Division, The New York Public Library.
e040-e00a18064207 “DINNER [held by] FIRST AND SECOND
The New York Public Library. “George Washington (The COMPANIES GOVERNOR’S FOOT GUARDS [at]
Constable-Hamilton portrait)” New York Public Library HOTEL SOMERSET, BOSTON, MA” (HOTEL;)” New
Digital Collections. Accessed March 15, 2016. York Public Library Digital Collections. Accessed March 15,
3. Von Bern, “Sitting Bull and Buffalo Bill in Montreal” 2016.
(1884) 9. Edward Curtis, “An Oasis in the Badlands” (1905)
https://commons.wikimedia.org/wiki/File:Sitting_Bull_and_ http://digitalcollections.nypl.org/items/510d47da-8172-
Buffalo_Bill_Cody_in_Montreal_1884.jpg. Accessed July 20, a3d9-e040-e00a18064a99
2016. The Miriam and Ira D. Wallach Division of Art, Prints
and Photographs: Photography Collection, The New York
Public Library. “An Oasis in the Badlands.” New York Public

86 Kinder Institute