hnyo

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

Kirkbride buildings are the brainchild of Dr. Thomas Story Kirkbride, a founding member of the
Association of Medical Superintendents of American Institutions for the Insane. In his book On the
Construction, Organization, and General Arrangements of Hospitals for the Insane (1854), Kirkbride proposed
a model for the ideal architectural layout of an insane asylum. His model, now known as the Kirkbride
model, was utilized for countless institutions all over the country. These buildings, and their blueprints,
have a striking resemblance to one another as a result of following this model, as highlighted in the
language from Kirkbride’s text, which is included below.

“The centre building ought to be the prominent feature
in such a structure as that under consideration, and
while there can be no excuse for squandering money
simply for display, or for giving unnecessarily large
proportaions, like all other parts, it should be in good
taste….” -Kirkbride, 54

Danvers State Hospital, Danvers, MA, Kirkbride Complex (circa 1893).

“All extravagance in the way “This class of hospitals should always be
of ornamentation should be located in the country, not within less
avoided; but such an amount than two miles of a town of considerable
of it as is required by good size…” -Kirkbride, 37
taste, and is likely to be really
beneficial to the patients, is
admissible.”
-Kirkbride, 47

50 Kinder Institute

Architectural plans from Thomas Kirkbride’s book, On the Construction,
Organization, and General Arrangements of Hospitals for the Insane (1854).

“The wings should be so “These open
arranged as to have at arrangements,
least eight distinct classes where one ward
of patients on each side; joins another, give all
each class should occupy possible advantages
a separate ward…” of light and air, and are
-Kirkbride, 54 infinitely preferable
to structures entirely
detached…”
-Kirkbride, 60

“It is believed that the best, most
convenient, and most economical form
will be found to be a centre building
with wings on each side.”
-Kirkbride, 54

Postcard image of Bryce Hospital for the Insane, “It is desirable that the
Tuscaloosa, AL (date unknown). pleasure-grounds and
gardens should be securely
“Those who recommend enclosed, to protect the
unguarded windows, would patients from the gaze and
seem to have little appreciation impertinent curiosity of
of the risks, which are sure to visitors…”
occur, or of the fatal results, that -Kirkbride, 42
sooner or later would scarcely
fail to happen.”
-Kirkbride, 70

“Every hospital for the insane should
possess at least one hundred acres of
land, to enable it to have the proper
amount for farming and gardening
purposes, to give the desired degree of
privacy….”
-Kirkbride, 38

Journal on Constitutional Democracy 51

On a written statement being addressed by some theory of benevolent and informed care, they were the
respectable person, to any high judicial officer, people most equipped to make that determination. In
that a certain person then confined in a hospital her work she notes:
for the insane is not insane, and is thus unjustly
deprived of his liberty, the judge, at his discretion, But here let me say one thing: From the moment
shall appoint a committee of no less than three, I entered the insane ward on the Island, I made no
nor more than four persons, one of whom at least attempt to keep up the assumed role of insanity. I
shall be a physician, and another a lawyer, who will talked and acted just as I do in ordinary life. Yet
hear such evidence as may be offered touching strange to say, the more sanely I talked and acted
the merits of the case, and without summoning the crazier I was thought to be by all except one
the party to meet them, shall have a personal physician, whose kindness and gentle ways I shall
interview with so managed as to prevent him, if not soon forget.19
possible, from suspecting its objects.17
Bly’s admittance to the asylum by pretending to be
The document gives the impression that a system is in insane and her inability to gain dismissal although she
place to ensure that no individual’s rights are unjustly was sane is an excellent example of exactly the dangers
taken. The problem, however, is that the physicians that the unchecked power structure that governed
being elected to make these decisions are physicians the treatment of the mentally ill in the late-19th
so elected by a board of trustees due, among other century created. It is interesting to note that, from the
things, to their elite status. Status is influenced, of beginning of her experience on Blackwell Island, Bly’s
course, by prevailing ideas of normalcy, and as Becker primary concern was her ability to get out, and the fact
lays out, this is the overwhelming problem. As a result that she relied on her editor and his promise to ensure
of this status-based system of power, elite ideas about this outcome speaks sadly to the degree to which the
normalcy breed identical elite ideas about normalcy, physicians were capable of determining the mentally
and disenfranchisement thus continues because there sane from the mentally insane.20 And as Bly’s excerpt
is no way to challenge the deviant label. The only way demonstrates, once the label was applied, it was nearly
one could possibly acquire enough power to challenge impossible to shake.
the label would be to gain political power; but as we saw
earlier, the only way to arrive at such political power The mislabeling of those who did not actually need
is to conform to prevailing ideas, an arrangement that mental services was far more than an inconvenience.
makes the cyclical power structure nearly impossible to Mislabeling caused drastic deprivation of rights for
break. Physicians are being trusted with a process that those mislabeled, because a few people with power made
should be appointed to a legal system and, as evidenced generally-accepted decisions. In order to understand
in the next work I will examine, journalist Nellie Bly’s why these decisions were not questioned by the
1870 “Ten Days in a Mad-House,”18 the system is larger public, it is also worth examining the colloquial
integrally broken. language that was being used at the time to discuss and
shape public opinion about the mentally insane.
Bly, who had no history of mental illness, was effectively
able to convince a team of “reputable physicians” that If the disenfranchisement of the mentally ill that we
she was mentally ill in order to gain admittance to the saw in 1907 happened as a result of the work done in
notorious Blackwell Island insane asylum. She acted her previous eras, such as the Association’s 1876 pamphlet,
way in with the hopes of reporting on the injustices she it stands to reason, Becker tells us, that the authors of
expected she would encounter. Because the physicians pamphlets like that one developed their own definitions
were entrusted with the sole power to commit her, she of deviance from—or at the very least found validation
gained entry without overwhelming resistance. Once for their definitions of deviance in—extant sources.
committed, the board of physicians was unable to As I will examine next, one such source could be the
see past the insanity label to her demonstrated sanity common rhetoric used in such outlets as newspapers to
despite the fact that, according to the Association’s define the mentally ill community to society as a whole.

52 Kinder Institute

It is clear from excerpts published in the New York referred to by anything other than third person
Times in the 1870s21 that mentally ill communities pronouns such as “they” or “them,” language that serves
already had come to be seen as outsiders. For example, to create a sort of dichotomous grouping by building
a December 27, 1870, Times article describes one a wall between the patients and the general public on
reporter’s tour of an asylum alongside other tourists. the tour and, in turn, suggesting to his readers a sort
Before we even get to the actual language, already this of natural separation that permits a critical distance
arrangement is problematic. The perception seems to from and indifference to the horrors he goes on to
be that individuals being kept in the facility are meant describe. The author of the piece recounts “deficient
to be seen rather than treated. They are spectacles— accommodations for bathing” and “overcrowding” but,
different from others and geographically separated in doing so, extends no empathy. Instead, he continues
from them. on his tour, recounting the treatment of the insane
passively, almost as if the patients, in being unlike him,
In the opening of the article, the author chooses to are something other than human.
describe Blackwell Island, where Bly was committed,
as something out of a ghost story. He says that, Reports like this one were not uncommon at the time.
“There is something strange, weird, goblin in the very An article in the Sacramento Daily Union published
atmospheric effect of the mise en scene.”22 On one hand, the same year quotes a doctor describing patients as
the jargon here implies a familiar problem: that only “helpless, exhausted remnants, who have been passing
those of a certain educational status—only the French- the latter half of their days in county hospitals.”23 For
years, these were the media messages that audiences
It is interesting to note that, from the were receiving. Heard over and over again, they
beginning of her experience on Blackwell created a story that became persuasive in society. When
read repeatedly, this message of othering became
Island, Bly’s primary concern was her commonplace. Therefore, lawmakers did not see
ability to get out, and the fact that she the legislation they passed as othering; they saw it as
relied on her editor and his promise mainstream. They had bought into societal definitions
to ensure this outcome speaks sadly to of deviance and these definitions had guided their
the degree to which the physicians were policy making. Society had also been trained not to
capable of determining the mentally sane question the deviant definition, and, as a result, they
did little to question politicians’ decisions or check
from the mentally insane.20 politicians’ power.

speaking, educated elite—can critically approach In any time period, this is a dangerous cyclical process.
mental illness or offer definitions of it. In addition, the It begins when commonplace rhetoric shapes popular
passage troublingly evokes a sense that his experiences opinion. By operating within popular opinion,
at Blackwell were something out of a fantasy, so far politicians, boards of trustees, and other public figures
removed from the daily world that it does not apply to gain power. Through this power, these individuals shape
us or require our sincere attention. The audience—i.e., policy. This policy goes unchallenged because it plays to
the average citizen—can watch for amusement, but popular opinion. And it all starts with rhetoric. Though
the idea of intervening or reforming is entirely lost on words seem harmless, as this paper demonstrates, they
them (as on the author). can be detrimental to the personal rights of those at
whom the harmful language is pointed.
Even the language used to describe the patients
themselves is dehumanizing. The patients are rarely Labeling of individuals with mental illness has changed
drastically in today’s climate, in part because of the
work done by communities of individuals with mental
disabilities to point out how harmful labels can be.
Almost all of the terms used in the legislation this paper

Journal on Constitutional Democracy 53

considers have since been discarded for their offensive 1Howard Becker, Outsiders ( New York: The Free
connotation. Today, individuals with a broad range of Press, 1963), 3.
disabilities advocate for person first language.24 This 2Becker, Outsiders, 9.
movement acknowledges the power of language to both 3Becker, Outsiders, 9.
empower and isolate, and as a result, asks people to refer 4Laws of Indiana, 1907, 377-378.
to individuals with disabilities first by their personhood. 5Laws of Indiana, 1907, 377-378.
The move toward person first language supports 6Buck v. Bell, 274 U.S. 200, 207 (1927).
Becker’s theory. As individuals with mental disabilities 7Paul A. Lombardo, A Century of Eugenics in America:
have gradually gained greater personal autonomy, they From The Indiana Experiment to the Human Genome Era
have begun to advocate for themselves by attacking, (Indiana University Press, 2011), 31-32.
and in some cases reclaiming, the labels that initially 8“Eugenics and Sterilization: Harry Hamilton
existed to other them. This community recognizes that Laughlin,” last modified March 16, 2012. https://
reclaiming their identities starts with changing labels, library.missouri.edu/exhibits/eugenics/sterilization.
proving an enduring understanding of the power of htm
labels to create social spaces and identities. 9John Curwen, Medical Superintendents of American
Institutions for the Insane, from 1844 to 1874 Inclusive
(1875), 5.
10John Curwen, Propositions and Resolutions of the
Association of Medical Superintendents of American
Institutions for the Insane (1876).
11Curwen, Propositions and Resolutions, 7-8.
12Curwen, Propositions and Resolutions, 13.
13Curwen, Propositions and Resolutions, 22.
14Black’s Law Dictionary, 10th ed., s.v. “insanity.”
15Black’s Law Dictionary, 10th ed., s.v. “capacity.”
16Curwen, Propositions and Resolutions, 18.
17Curwen, Propositions and Resolutions, 18.
18Nellie Bly, Ten Days In a Mad-house (New York, Ian
L. Munroe Publisher, 1887). Bly’s work, originally
printed as a newspaper series in 1870, was republished
in book form in 1887.
19Bly, Mad-House, 10.
20Bly, Mad-house, 7.
21“A Day with Lunatics. Inside View of the Asylums on
Blackwell’s Island,” The New York Times, December 27,
1870. http://www.rarenewspapers.com/view/601041
22“Day with Lunatics”.
23“The Insane Asylum,” Sacramento Daily Union,
January 26, 1870. http://cdnc.ucr.edu/cgi-bin/cdnc?a=
d&d=SDU18700126.2.8&dliv=none&st=1&e=-------
en--20--1--txt-txIN--------1
24“Centers for Disease Control and Prevention,”
last modified January 26, 2016, http://www.cdc.gov/
ncbddd/disabilityandhealth/index.html

54 Kinder Institute

Tactics of Delegitimizing Democracy

Alison Bonner

H. Finkelstein & Son, “Ellis Island, New York City”
(1918)

“To become truly great, one has to stand with people, not above them.” –Montesquieu

Iowa Freedom Summit speeches in which Trump rails against the nation’s
current immigration policies will be used as case studies
2015 for providing greater insight into how many politicians
in America today have transformed their rhetoric from
At the January 15, 2015, Iowa Freedom Summit in featuring policy-substantive information to relying
Des Moines, Iowa, Donald Trump delivered a speech on emotional ideas about what qualities America (and
focused on how politicians in America have been Americans) should embody, a transformation that
ineffective in recent years, especially on the issue of presents considerable consequences for democracy in
immigration. Of particular interest here is not only, the United States.
or even primarily, the content of the speech but
instead Trump’s method of delivering it. Much as they More specifically, I will show how the forms of coercion
still are today, Trump’s speech tactics in Iowa were that Trump uses in his rhetoric are detrimental to an
predicated on coercing his audience into believing that ideally, or even a healthily, functioning democracy,
the status quo on immigration needs to be reformed. because they limit individuals’ agency or power of
However, the fact that his speeches rely almost solely choice by depriving them of access to information.
on coercive rhetoric—and, by extension, the fact that
they lack policy-based solutions—leaves his audience The ignorance of one voter in a democracy
uneducated with regard to what steps need to be impairs the security of all.
taken to reform the status quo or even if it needs to be –John F. Kennedy
reformed in the first place: something particularly true
when it comes to the manner in which Trump addresses Worse, rather than provide the American people with
immigration. Though a highly visible example of this substantive information that can be used to form an
method, Trump is joined by many politicians all over educated opinion on policy matters, Trump’s rhetoric
the spectrum in these coercive practices. In this essay,

Journal on Constitutional Democracy 55

“…this great Republic - means
nothing unless it means the
triumph of a real democracy, the
triumph of popular government,
and, in the long run, of an
economic system under which
each man shall be guaranteed
the opportunity to show the best
that there is in him.”

“New Nationalism” Speech, Osawatomie, KS (1910)

Doctrine of aTHEODORE ROOSEVELT

uses emotion to promote a sense of factionalism that and Hispanic culture by presenting Hispanic
flies in the face of America’s founding belief that immigrants as a demographic on which the Anglo-
marginalized groups in the nation should have equal Protestant community can blame their problems.2
power in making democratic decisions. As will be In his Presidential Campaign Announcement, for
discussed below, the two types of rhetoric he deploys— example, Trump stated that “When Mexico sends its
designated coercion and internalized coercion— people, they’re not sending their best. They’re not
ultimately delegitimize democracy by disenfranchising sending you. They’re not sending you. They’re sending
voters and encouraging the American people to make people that have lots of problems, and they’re bringing
political decisions based on misinformation. those problems with them.”3 The “problems” that the
Anglo-Protestant “you” in the speech face are, Trump
One way that Trump delegitimizes democracy in his makes clear, not of their own making but the result of
speeches is through his use of designated coercion, a the current administration’s immigration policy. Less
technique that instills fear in listeners in order to deprive clear, though, is what these problems are, how and why
them of the facts necessary to fully exercise their voting immigration is to blame for them, and how Trump will
power. In his article “On Compromise and Coercion,” specifically solve them. Implied, then, is how fear, not
Raphael Cohen-Almagor, Professor of Political Science fact, is sufficient justification for a pro-Trump vote.
and International Studies at Hull University, explains
that designated coercion “is not concerned with The dangerous consequences of this rhetoric are even
machinery aiming to convince the entire cultural group clearer elsewhere in his rhetoric. For instance, in the
of an irrefutable truth; instead it is designed to exert “Iowa Summit Speech,” Trump further kindles (or,
pressure on uncertain, ‘confused’ individuals so as to perhaps better, manufactures) immigration-based fear
bring them back to their community.”1 In this case, the by stating how “[the] military is standing there holding
confused individuals that Trump seeks to appeal to via guns and people are just walking right in front, coming
fear rather than “irrefutable truth” are members of the into our country.”4 By suggesting, here, that the one
Anglo-Protestant culture in America. entity (the military) that is supposed to be able to
protect the liberties of the American people is unable
In order to create a unified and cohesive following to establish security measures on the American border,
to support his bid for the office of the United States Trump inspires Americans to fear the status quo and,
President, Trump capitalizes on and exacerbates in the process, implies that a vote for him will result in
existing tensions between Anglo-Protestant culture order and safety being restored. Again, though, without

56 Kinder Institute

Bully Pulpit DONALD TRUMP

providing any concrete ideas regarding how he will problem, Trump posits, “anything” can happen. Of

solve the “pressing issue” of border control or how he course, his invocation of an ever-present threat whose

will restore order, he disenfranchises his own voting evil can not be measured does not come with any burden

base by asking them to make choices based not on of proof nor does it come with any details concerning

information but on a vague, unproven sense of anxiety. the policies he would enact if elected to minimize or

The very apparent problems alleviate this threat. Consequently, he reduces the
that accompany Trump’s
use of designated coercion amount of voting power
become worse when, later in
the same speech, he describes “Bully pulpit comes from the 26th U.S. the electorate wields almost
the threat of immigration as President, Theodore Roosevelt, who observed to zero by stripping the the
follows: “We have people
that are criminals, we have that the White House was a bully pulpit. For choices they will make of
people that are crooks. You Roosevelt, “bully” was an adjective meaning virtually any substantive
“excellent” or “first-rate” – not the noun “bully” quality.
(“a blustering browbeating person”) that’s so

common today. Roosevelt understood the If Trump’s use of
modern presidency’s power of persuasion
and recognized that it gave the incumbent designated coercion

can certainly have terrorists. the opportunity to exhort, instruct, or inspire. ultimately disenfranchises
He took full advantage of his bully pulpit,
You can certainly have speaking out about the danger of monopolies, his own Anglo-
Islamic terrorists. You can the nation’s growing role as a world power
have anything coming across and other issues important to him. Since the Protestant supporters,
the border.”5 As in all of the 1970s, “bully pulpit” has been used as a term
he uses internalized

coercion to further

previous quotes, in addition for an office – especially a political office- that delegitimize democracy

to cultivating hate, Trump’s provides one with the opportunity to share by disenfranchising the
goal, here, is stoke a sense one’s views.”
Hispanic immigrant

of confusion and fear among — Merriam Webster Dictionary, Bully Pulpit: community whose rights

the American people that Did You Know? his speech jeopardizes.

justifies attacks on current According to Raphael

immigration policies and, more importantly for him, Cohen-Almagor, internalized coercion occurs “[w]hen

that justifies the ouster of those in charge of authoring a given sub-culture in society denies some freedoms and

or executing these policies. Because the current rights to a certain group living in that same culture….”6

politicians are so ill equipped to solve the immigration As James Madison describes in “Federalist 10,” this act

Journal on Constitutional Democracy 57

of denial is often the work of “a [faction] of citizens, If we turn to the language of Trump’s campaign
whether amounting to a majority or minority of the announcement speech cited above, we see that one
whole, who are united and actuated by some common problem—far from the biggest one, but a sufficient
impulse of passion, or of interest, [that is] adverse to starting point—is that he refuses to acknowledge the
the rights of other citizens or to the permanent and distinction between the legal rights of legal versus
aggregate interests of the community.”7 illegal immigrants. The general language of “they’re
[Mexico] sending people that have lots of problem”
Understanding the factionalism that Trump promotes stigmatizes all immigrants, legal or illegal, as posing a
requires first looking at how Madison and Cohen- general threat to the country.
Almagor present factions as threatening rights on two
levels: legal and moral. The legal rights and obligations The real problem, though, is that Trump creates
of citizens are outlined in laws that set up the a blueprint for justifying denying the rights of
parameters of what a person can and cannot do. A moral both groups. The language of “you/them”—and,
obligation, on the other hand, is not a legal obligation, further, the language of “the best/not the best”—
but it has long been considered a vital consequence of creates a dichotomy of power and value between the
being endowed with a legal obligation—specifically, domestically-born citizens reading or listening to
the moral obligations of all American citizens are to Trump’s speech and the Hispanic immigrants who
create a conducive environment for supporting and “bring their problems with them” to the United States.
promoting the rights of people who are from cultural The false perceptions that come with this dichotomy—
and ethnic backgrounds that do not mirror our own or that all Hispanic immigrants are illegally crossing the
who have belief systems that differ from ours.8 border; that all Hispanic immigrants are engaged in
criminal activity—have potentially dire consequences.
As it relates to the consequences of Trump’s use of Most notably, Trump coerces his supporters into
internalized coercion, it should be noted that the law believing that the current immigrant population poses
clearly distinguishes between and also clearly delineates a threat not only to the values of the nation but, as a
the rights of both legal and illegal immigrants. Cornell community that refuses to abide by laws, to the rights
University’s Law School explains that legal immigrants and wellbeing of domestically-born citizens. The clash
in America have certain rights while residing in this of interests that Trump cultivates with internalized
country as follows: coercion encourages the creation of an Anglo-
Protestant faction unified by the “common impulse”
Despite the obligations that fall under temporary that preserving their own rights requires denying the
allegiance, the law affords aliens many of the rights of the immigrant population—a faction that,
rights that U.S. citizens possess. Aliens have the because they feel justified in their actions by Trump’s
right to gain employment, and states cannot use characterization of the immigrant population as a
discriminatory methods to protect local jobs for national and criminal threat, could potentially reach the
state citizens at the expense of aliens. Furthermore, point of operating without legal or moral obligation.
employers cannot deprive aliens of the federal and
state mandatory minimum wages.9 As seen in the chart right, data from the Center for
Immigration Studies demonstrates that, in the past
Further: decade, Hispanic immigrants have made up the largest
portion of the immigrant community in America.11
Generally, both legal and illegal immigrants have
the right to bring suit in United States federal Especially if we think about the relationship between
court. Federal civil rights statutes also expressly Trump’s use of designated and internalized confusion,
permit aliens to bring claims of civil rights we can see how Trump manipulates this statistic to his
violations in federal court. States have generally benefit. For Trump, the size of population makes the
provided aliens with access to their court systems confusion greater and the threat more real, and it thus
as well, provided that the alien resides within the allows him to more effectively appeal to people who,
particular state.10

58 Kinder Institute

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

In addition to arousing patriotic sentiments, In 1954, two years prior to the actual implementation of
Eisenhower evoked fear of an outside threat to garner the national motto, President Eisenhower commented
support for the amended Pledge. He continued the on the issuance of the first stamp bearing the inscription
signing statement by declaring spirituality to be the “In God We Trust, noting how “regardless of any
United States’ most important defense and equating eloquence of the words that may be inside the letter
faith with national security. “Man everywhere,” he wrote
on the outside [the sender] places a message:
is appalled by the prospect of atomic war. In this ‘Here is the land of liberty and the land that lives
somber setting, this law and its effects today have in respect for the Almighty’s mercy to us.’ And
profound meaning. In this way we are reaffirming to him that receives that message, the sender
the transcendence of religious faith in America’s can feel that he has done something definite and
heritage and future; in this way we shall constantly constructive for that individual. I think that each
strengthen those spiritual weapons which forever of us, hereafter, fastening such a stamp on a letter,
will be our country’s most powerful resource, in cannot fail to feel something of the inspiration
peace or in war.7 that we do whenever we look at the Statue of
Liberty, or read “In God We Trust.”9
Even more so than before, Eisenhower frames his
argument in such a way that makes disagreement United States Post Office Department,
unacceptable or, at the very least, unwise.8 By “Eight-cents USPS liberty stamp” (1954)
weaponizing spirituality, he proclaims religious faith an
essential tool in the preservation of the Union during The church-state conflicts that Eisenhower’s actions
the Cold War; to contradict or question the value introduced and that I will discuss more thoroughly in this
of spirituality, then, was the same as siding with the essay’s next section are made apparent by Eisenhower’s
godless communists and inviting atomic annihilation. belief that all citizens should publicly embrace a motto
According to Eisenhower’s logic, through daily (and a mindset) that presents America as “the land
recitation of the Pledge, now imbued with religious that lives in respect for the Almighty’s mercy to us.”
sentiment, Americans could effectively protect Any exchange of paper with this motto inscribed on it,
themselves from any obstacle, “in peace or in war.” This Eisenhower reasons above, tells the receiver that not
argument built around a mixture of patriotic sentiment only the sender but also the government has a faith and
and fear-mongering reappeared later in Eisenhower’s “respect” for the Christian deity. Again, and especially
presidency, when he insisted on the addition of “In in his last sentence, Eisenhower reiterates the idea that
God We Trust” as a national motto. belief in God is fundamental to being an American.

“It was in that environment, with this cold Despite the emotionally provocative and superficially
war, that Congress decided that ‘In God We un-challengeable rhetoric espoused by President
Trust’ should be the new motto, reclaiming Eisenhower, both resolutions eventually were brought
this notion that we’re a chosen people and before the Supreme Court. Ultimately, both were
that we were conceived under God and that
we flourish under God, and we turn our
backs on God at our own peril.”

–Professor of History Frank Lambert,
Purdue University, 2010

Journal on Constitutional Democracy 63

declared constitutional by ruling apply problematically

the majority of justices that to the motto’s use on currency.

decided the merits of the case. If the use of currency

Unfortunately, the justices’ was avoidable or bore a

reasoning was flawed. Proper religiously neutral message,

consideration would have concerns over whether or not

found these phrases to be it interfered with religious

unconstitutional violation of beliefs and practices would be

the Establishment Clause. illegitimate. However, since it

Regarding the inclusion of is nearly impossible to abstain

the words “In God We Trust” from the exchange of money,

on the national currency, even if one disagrees with the

the United States Court of message inscribed upon it,

Appeals for the Ninth Circuit the Court’s ruling blatantly

stated in Aronow v. United disregards the degree to which

States (1970) that the national exchanging government-

motto was not in opposition sponsored currency bearing

to the Establishment Clause a message of “respect for the

of the First Amendment10 on Almighty’s mercy to us”15 is

the grounds that these words contradictory to—how it

were not inherently religious unconstitutionally interferes

but were instead purely “of with—an atheistic belief

a patriotic or ceremonial system as well as one that

does not support a belief in
character.”11 The Court George Pflaum, “Treasure Chest: This Godless Communism, only one god.
added to its ruling by citing a Vol. 17:2, p.3” (1961)

Congressional report claiming Similar concerns exist in

that the phrase has “spiritual and psychological value.”12 regard to Eisenhower’s insertion of “under God” into

By “spiritual” the Court could technically have been the Pledge. In Elk Grove Unified School District v. Newdow

referring either to the first definition of spiritual in (2004), a California father, Michael Newdow, sued on

Webster’s Dictionary, relating to someone’s spirit, or behalf of his daughter as “next friend,” arguing that the

the second definition, “of or relating to religion or School District’s practice of mandating that teachers

religious beliefs.”13 The latter seems most likely. In lead their willing students in a recitation of the Pledge

the same opinion, the Court somewhat curiously went each morning constituted religious indoctrination.16

on to declare that “In God We Trust” does not serve a After the Ninth Circuit Court of Appeals ruled that

religious function, but has religious value. At the very Newdow had the “right to direct the religious education

end of its decision, the Court asserts: of his daughter”17 and that voluntary recitation of the

Each value judgment under the Religion Clauses Pledge violated the Establishment Clause, the child’s
must therefore turn on whether particular acts mother, Sandra Banning, filed to dismiss the case
in question are intended to establish or interfere because she had full legal custody of the child, including
with religious beliefs and practices or have the the authority to litigate or not litigate on her daughter’s
effect of doing so.14 behalf, and because she believed that the case was not
in the child’s best interest.18 The Ninth Circuit Court

Using this reading of Establishment as a starting reaffirmed Mr. Newdow’s right as a “non-custodial
point, we can quickly come to see how both the parent” to bring suit, saying “Newdow retains the right
religious argument Eisenhower invoked at the stamp’s to expose his child to his particular religious views even
introductory ceremony and the Court’s subsequent if those views contradict the mother’s.”19 The Supreme

64 Kinder Institute

Court reversed this holding by of the Ninth Circuit decision

asserting that Newdow did not, but did so on an alternate

in fact, have standing because basis. The concurring justices

he lacked the right to litigate determined that Newdow

on his daughter’s behalf.20 did have standing in his

In further basing its decision on lawsuit against recitation of

the fact that “[t]he California the Pledge and then declared

cases simply do not stand for the recitation of the Pledge,

proposition that Newdow has a including the phrase “under

right to dictate to others what God,” to be constitutional. In

they may and may not say to justification of this decision,

his child respecting religion”21 they relied largely on the

the Supreme Court’s argument Endorsement Test, which

obscures what Newdow was states “that government must

actually claiming. Newdow did not make a person’s religious

not bring suit because others beliefs relevant to his or

discussed religion with his her standing in the political

child. He brought suit because community by conveying

Elk Grove Unified School a message ‘that religion or

District had mandated that a particular religious belief

teachers begin the school day is favored or preferred.’”22

by leading their students in O’Connor, for example,

recitation of the Pledge, which sought to defend the Pledge

included the phrase “under based on the idea that it
God”; he sued because even
if students voluntarily chose George Pflaum, “Treasure Chest: This Godless Communism, invokes a “generic God” in
Vol. 17:2, P. 7” (1961) the form of a“Ceremonial
Deism” and therefore does
not to participate, they had to listen to the Pledge not favor or determine standing based on any one
being recited.
religious belief.23 However, “God” is capitalized in the

“If there is any fixed star in our Pledge, suggesting that it does reference a specific god,
namely the Judeo-Christian deity.24 Furthermore, the
constitutional constellation, it is that no
Pledge excludes citizens who do not have any religious

official, high or petty, can prescribe what belief at all, not even in a “generic God,” conveying the
shall be orthodox in politics, nationalism, message that religion itself is favored over secularism.
Exposing the contradiction even further, throughout

religion, or other matters of opinion or O’Connor’s concurring judgment, she emphasizes that
force citizens to confess by word or act their the United States has an extensive Christian religious
tradition, yet she still tries to assert that the Pledge
faith therein.” does not “explicitly [favor] one particular religious

—Robert H. Jackson West Virginia belief system over another.”25
State Board of Education v. Barnette,
In addition to the Endorsement Test, the Justices
319 U.S. 624 (1943) utilized the Coercion Test in defense of their ruling,
which state that “government may not coerce anyone

to support or participate in religion or its exercise, or

In their concurring opinions, Justices Rehnquist, otherwise act in a way which establishes a [state] religion
O’Connor, and Thomas upheld the majority’s reversal or religious faith, or tends to do so.”26 The recitation

Journal on Constitutional Democracy 65

The Pledge of Allegiance (1892) The Pledge of Allegiance (1954)

“I pledge allegiance to my Flag and the “I pledge allegiance to the Flag of the United
Republic for which it stands, one nation, States of America, and to the Republic for
indivisible, with liberty and justice for all” which it stands, one Nation under God,
indivisible, with liberty and justice for all”

of the Pledge by students at Elk Grove Unified School 1Beckman, Joanne. “Religion in Post-World War II
District, they reasoned, was technically voluntary and America.” National Humanities Center. N.p., Oct. 2000.
thus not coercive. However, as Justice Thomas noted in Web. 16 Feb. 2016. <http://nationalhumanitiescenter.
his concurring opinion, “very young students, removed org/tserve/twenty/tkeyinfo/trelww2.htm>.
from the protection of their parents, are exposed to the 2“The Soul of a Nation.” God in America. PBS, 10
Pledge each and every day.”27 He went on to argue that Oct. 2010. Web. 15 Feb. 2016. <http://www.pbs.org/
children are much less likely to disobey social norms godinamerica/transcripts/hour-five.html>.
in peer-populated environments28 and that while the 3Ibid.
District did not mandate that children must recite the 4Ibid.
Pledge, an element of coercion was nonetheless present 5Ibid.
in the form of a societal pressure to conform.29 Here, 6Dwight D. Eisenhower: “Statement by the President
Justice Thomas provides a nuanced understanding of the Upon Signing Bill To Include the Words “Under
coercive nature of a recitation of the Pledge by school God” in the Pledge to the Flag.,” June 14, 1954.
children: although school children technically were Online by Gerhard Peters and John T. Woolley, The
not required to recite the pledge, coercion in the form American Presidency Project. http://www.presidency.
of unarticulated pressure results in unwilling children ucsb.edu/ws/?pid=9920.
actually pledging their allegiance.”30 Somehow, though, 7Ibid.
Justice Thomas ultimately managed to ignore his own 8This framing can be seen by Eisenhower’s assessment
nuance by determining that this coercion, although real of atheists and agnostics as “silly”: “It seems to me
and present in the Elk Grove policy requiring recitation if we’re going to win this fight, we have got to go
of the Pledge, does not amount to the degree of legal back to the very fundamentals of all things. And
coercion required by the Coercion Test. one of them is that we are a religious people. Even
those among us who are so- in my opinion, so silly
as to doubt the existence of an Almighty, we are still
members of a religious civilization.” “The Soul of a
Nation.” God in America. PBS, 10 Oct. 2010. Web.
15 Feb. 2016. <http://www.pbs.org/godinamerica/
transcripts/hour-five.html>.
9Dwight D. Eisenhower: “Remarks at Ceremony
Marking the Issuance of the First Stamp Bearing the
Motto “In God We Trust.”,” April 8, 1954. Online by
Gerhard Peters and John T. Woolley, The American
Presidency Project. http://www.presidency.ucsb.edu/
ws/?pid=10205.
11Aronow v. United States, 432 F. 2d 242, 244 (1970).
12Ibid.
13Ibid.

66 Kinder Institute

14“Spiritual.” Merriam-Webster. n.d. Web. 5 Dec. 2015.
15Aronow v. United States, 432 F. 2d 242, 244 (1970).
16Dwight D. Eisenhower: “Remarks at Ceremony
Marking the Issuance of the First Stamp Bearing the
Motto “In God We Trust.”,” April 8, 1954. Online by
Gerhard Peters and John T. Woolley, The American
Presidency Project. http://www.presidency.ucsb.edu/
ws/?pid=10205.
17Elk Grove v. Newdow, 542 US 1, 5 (2004).
18Ibid.
19Ibid.
20Elk Grove v. Newdow, 542 US 1, 6 (2004).
21Ibid.
22Elk Grove v. Newdow, 542 US 1, 13 (2004).
23Ibid.
24Ibid.
25As stated by the Oxford English Dictionary, the
word “God” with an initial capital “G” refers not to a
god or gods generally, but to a monotheistic god, “[e]
specially in Judaism, Christianity, or Islam.” “God.” II.
5. a. Oxford English Dictionary. 3rd ed. 2014. N. pag.
Web. 4 Mar. 2016.
26Elk Grove v. Newdow, 542 US 1, 13 (2004).
27Ibid.
28Ibid.
29Ibid.
30Ibid.

Journal on Constitutional Democracy 67

68 Kinder Institute

Mobilizing (Voters)

Journal on Constitutional Democracy 69

Democracy and the Rhetoric of
Early Feminism: A Comparison of
the Declaration of Independence
(1776) and the Declaration of
Sentiments (1848)

Jennifer Perritt

“If particular care and attention is not paid to the ladies, we are determined to
foment a rebellion, and will not hold ourselves bound by any laws in which we have

no voice or representation.”
—Abigail Adams in a letter to John Adams, March 31, 1776

Abigail Adams, already of approximately 300 women’s

aware that her gender would rights advocates who had

likely be excluded from the gathered in Seneca Falls, New

drafting of the Declaration of York, to discuss the state of

Independence, wrote to her women’s rights in America.2

husband in 1776, urging him This meeting, organized by

to consider the political voice Lucretia Mott and Elizabeth

of the women of what would Cady Stanton, became known

soon be the United States of as the first women’s rights

America and informing him convention, and on July 20,

that barring women from the 1848, the second day of the

political process would prove Suffrage parade in New York City (1913) convention, the Declaration
an untenable proposition, of Sentiments was signed by

as they would demand to have their voices heard. In 100 participants, 68 women and 32 men.34 Strategically

1848, Abigail Adams’ prediction came true: Elizabeth written as a critique of the Declaration of Independence,

Cady Stanton drafted the Declaration of Sentiments, the Declaration of Sentiments shrewdly replaced the

following the same format and using much of the grievances of the North American colonists against

same language as the Declaration of Independence as the King of England with the grievances of American

a way of underscoring the inconsistency, injustice, and women against men in the United States as a way of

unsustainability of excluding women from political life. highlighting the fact that the democratic ideals laid

The Declaration of Independence is arguably the most out in in 1776, and the actual democratic government
important document from the history of the United outlined in the U.S. Constitution, wrongfully excluded
States, initially drafted by Thomas Jefferson between half of the nation’s population. The men and women
June 11th and 28th, 1776.1 Nearly 75 years later, a who signed the Declaration of Sentiments thus used it
counterpart to the Declaration of Independence, the as a call-to-arms for demanding the full extension of
Declaration of Sentiments, was presented to a group the rights of citizens to the women of the United States
of America.

70 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

in view of the unjust laws above mentioned, and diverge from general statements of (and justifications
because women do feel themselves aggrieved, for) women’s rights and veer purposefully toward the
oppressed, and fraudulently deprived of their most specific oppressions experienced by American women
sacred rights, we insist that they have immediate under the governance of the men who were leading the
admission to all the rights and privileges which country. For example, “he,” referring here to men rather
long to them as citizens of the United States.” than the King of England, has left women “without
representation in the halls of legislation.” Men also
—Declaration of Sentiments (1848) denied married women the right to citizenship when
they were married, denied women the right to own
These grievances represent just a brief sample of the property, and denied women the possibility of higher
many listed, but they still highlight the key turning education. Men had, in short, made women, who
point when the Declaration of Sentiments begins to constituted half of the population, an oppressed gender.
Here, the philosophical and practical arguments put

A Brief History of Women’s Rights in the United States

1848 First women’s rights convention held in Seneca Falls, New York
New York Married Women’s Property Act is passed, allowing women to own their own property and wages.
1872
1890 Victoria Chaflin Woodhull runs for president, becoming the first woman to do so.

1903 The National American Woman Suffrage Association (NAWSA) is founded through the merging of the
National Woman Suffrage Association (NWSA) and the American Woman Suffrage Association (AWSA).
1920
The National Women’s Trade Union League is created to help improve conditions and boost wages for
1960 working women.
1963
1964 72 years after the Seneca Falls convention, the Nineteenth Amendment is ratified and women are finally
1969 permitted to vote.

1972 The birth control pill is officially approved by the FDA and put on the market.

1973 The Equal Pay Act is passed, ensuring that women are paid the same amount as men for equal work.
1994
2013 Title VII of the Civil Rights Act of 1964 makes discrimination in the workplace on the basis of sex illegal.
????
California passes the first “no fault” divorce law, making the process of obtaining a divorce easier for
women.

Title IX of the Education Amendments Act is passed, banning discrimination and ensuring equal
opportunities for women in education.

Roe v. Wade establishes the right of American women to have access to abortion.

The Violence Against Women Act is passed in an effort to help victims of rape and domestic abuse.

Women are no longer prohibited from serving in combat roles in the military.

Political representation
Gender wage gap
Ratification of Equal Rights Amendment
Paid maternity leave

Journal on Constitutional Democracy 75

forth by Stanton unite: if women are part of mankind, the years after the influential meeting at Seneca Falls;
theoretically deserving of equal rights, these specific, and it continues to be influential in the progression of
practical situations in which women could not exercise gender equality in America.
equal rights constitute the day-to-day conditions that
must be altered to fulfill the theoretical or philosophical 1“Declaration of Independence,” United States
promises of the Declaration of Independence. National Archives and Records Administration.
2Smithsonian Institution, “The Seneca Falls
By seeking to gather support for the cause of gender Convention,” National Portrait Gallery.
equality and by demanding action to bring about 3Denise Knight, American History Through Literature
change, the Seneca Falls Convention encouraged 1820-1870 (Detroit: Charles Scribner’s Sons, 2006).
solidarity among women and effectively served as a 4Elizabeth Cady Stanton, “The Declaration of
catalyst for the next century of women’s rights. In the Sentiments,” Women’s Political Communication
following decades, national women’s rights conventions Archives, accessed May 11, 2016, http://www.
were held every year in different locations around womenspeecharchive.org/women/profile/speech/
the United States.6 The grievances presented in the index.cfm?ProfileID=94&SpeechID=2249.
Declaration of Sentiments eventually were addressed 5Nancy F. Cott, “Marriage and Women’s Citizenship
through new legislation that emerged from the in the United States, 1830-1934,” The American
efforts of women’s rights advocates. The Nineteenth Historical Review 103 (1998): 1440-74.
Amendment, giving women the right to vote, was 16Eleanor Flexner, Century of Struggle: The Woman’s
ratified on August 26, 1920.7 The New York Married Rights Movement in the United States (Cambridge,
Woman’s Property Act of 1860, a groundbreaking piece Mass: Belknap Press of Harvard University Press,
of marriage rights legislation, established that women 1975), 81.
had the right to control their own wages and property, 7Flexner, 225.
collect inheritance, and become a joint guardian of 8Elizabeth Frost-Knappman, Women’s Progress in
their children.8 By the 1980s, all but two states allowed America (Santa Barbara, California: ABC-CLIO,
for no-fault divorce, something that was previously 1994), 221.
unheard of.9 The old standards of coverture, which 9Frost-Knappman, 86.
placed women under the legal “cover” of their husbands, 10Dorothy E. McBride, Women’s Rights in the
broke down, placing women more closely on the same U.S.A.: Policy Debates and Gender Roles (New York:
legal footing as their husbands.10 Additionally, women Garland Publishing, 1997), 154.
were granted access to institutions of higher education, 11Frost-Knappman, 101.
and by the turn of the twentieth century, around 40,000
women were enrolled in college.11 However, the battle
is not over: some of the changes American women are
still seeking include greater political representation,
ratification of the Equal Rights Amendment, and paid
maternity leave.

“The history of the past is but one long
struggle upward to equality.”
– Elizabeth Cady Stanton

The Declaration of Sentiments exposed how women
were excluded from the formative documents and early
political institutions of the United States; it motivated
women to achieve recognition and specific rights in

76 Kinder Institute

The Effect of Political Buffoons on
American Politics

Jennifer Prohov

As levels of political knowledge and participation have how voter participation has significantly decreased
decreased in American society, presidential candidates from where it once stood in recent presidential
have had to become more and more relatable and elections. According to the American Presidency Project,
creative in order to bring voters out to the polls. This the percentage of the voting age population that
shift has led to an increase not only in the presence turned out to vote in the 2012 presidential election was
of the non-traditional political personas examined in 54.87%, down ~8 percentage points from 1960’s level
this paper but also in the American public’s implicit of 62.77%. In 1996, we saw the lowest voter turnout for
acceptance of these personas as viable and legitimate the presidential election since the 1920s, with 49.00%
candidates. The problem that this study engages with turnout. To give context for these numbers, turnout
is not the rise of the non-traditional candidate, per se, had stayed consistently above 60% between 1840 and
but rather the way in which these candidates flaunt 1916, with the average rate in the high 70s until the
the idea—and the way the public readily concedes to turn of the century. The rate then dipped down into
the idea— that intelligence and knowledge are not the 60s, before diving to 49.2% in the 1920 election
necessary for successful governance. As these candidates and 48.9% in the 1924 election. Turnout returned to
are increasingly elected into office, they hasten the the low 60s in subsequent elections, with a dip again in
already troubling intellectual decline of American 1944 and 1948, most likely due to World War II’s effect
democracy. And as the general populace comes to see on the vote. According to research conducted by APSA
the traditionally intelligent candidate as un-relatable, in 1952, of the approximately 9.23 million voting-age
the relationship between leadership, knowledge, active duty personnel in 1944, 4.49 million requested
and accountability threatens to become even further ballots, but only 2.69 million returned ballots that were
severed, compromising democracy at its core. counted in the general election.

“Voter Participation Over Time” The post-WWII renewal of high voter turnout ended
with the 1972 election, when turnout dropped from
BEHIND THE NUMBERS, PART 1: WHITHER 60.84% in 1968 to 55.21%. Turnout continued to
THE AMERICAN VOTER? hover around 52-53%, with a low point of 50.15%
in 1988, followed by a rise the next cycle to 55.24%.
One potential catalyst for the rise in these non- Turnout quickly dropped back down in subsequent
traditional personas is the general populace’s increasing years, until 2008, when it rose to 58.23%. This increase
lack of interest in the political process, measurable in could be explained by the historic candidacy of Barack
Obama, the nation’s first black presidential candidate,
which could have influenced voters who do not
typically vote to go out and cast a ballot. Following the
pattern of decline, however, turnout promptly dropped
to 54.87% in 2012.

This strong trend in decreased voter turnout since
the 1970s has forced candidates to decide whether to
market themselves to the politically active and informed
side of the electorate or to try to bring citizens who do

Journal on Constitutional Democracy 77

not regularly vote to the polls. To achieve the second The popularity of the outsider reveals a disturbing
option, candidates must give wayward voters, as well trend in contemporary politics: presidential candidates
as the media, a reason to pay attention to them— who are able to convince voters that a nuanced
a reason, as I will show, that often has little to do understanding of governance is not necessary to hold
with their knowledge of contemporary politics and the most important office in American politics. It
bears no relation to their capacity to succeed as an should go without saying that successfully executing
elected official. the duties of the office of the president requires
significant knowledge over a wide expanse of policy
THE OUTSIDER: areas, a qualifier both Carson and Trump lack. The
only U.S. presidents ever to have been elected to
out•sid•er / noun : Outsiders are candidates who the presidency without holding political office were
have successfully convinced disengaged voters that they Eisenhower, Grant, and Taylor, all three of whom
are a good fit for a given position because they lack were military men.2 To give an example of why a
any background in the office they are running for and, wide breadth of knowledge matters for a political
more generally, in mainstream politics. leader—or, conversely, why a lack of such knowledge
poses a significant danger to the nation—Trump has
Donald Trump and Ben Carson, who both led in confused the Kurds and the Quds, an ethnic group and
the polls at points during the Republican primary an Iranian Revolutionary Guard force, respectively.3
(with Trump having since received the Republican Both groups play a very important role in current
presidential nomination), exemplify the outsider. foreign affairs policy, a domain that the president, as
Trump has been a reality television star and outspoken Commander-in-Chief and chief diplomat, directly
individual for years, and before the 2016 election, he oversees. The Kurds currently are a crucial player in
was possibly best-known for his trademark floppy red the fight against ISIS, a growing policy concern as
hair and tagline, “You’re fired!” from his show, The demands for military action against ISIS have grown
Apprentice. Now, however, he is perhaps best known louder in the wake of the November 2015 attacks in
for his unapologetic attitude in and toward politics, Paris and the March 2016 attacks in Brussels.4 With
made evident in how he’s been able to convince voters this issue thrust into the spotlight, the lack of foreign
that he can solve the nation’s problems by embodying policy knowledge that Trump exhibits could very well
a fresh, no-holds barred approach to governance that foreshadow crucial missteps for the country if he were
hasn’t been tainted by those Washington insiders who to rise to the presidency. Similarly, even top Carson
his supporters (and other voters) have come to so aides said that Carson was not able to understand
strongly distrust. “one iota of intelligent information about the Middle
East.”5 Moreover, they made this claim publicly, almost
The rising desirability of the Washington outsider boastfully, as if they had no fear that this could be a bad
was also the reason many voters clambered to support thing for Caron’s campaign. And that’s because it was
Ben Carson. Carson, too, is a former celebrity, having not. His lack of knowledge almost seemed to appeal
performed the first surgical separation of twins to voters.
conjoined at the head in 1987, a feat for which he
gained international media attention. The common While his popularity continues to hold domestically,
denominators here are twofold. Even though Carson did the consequences of electing a candidate with virtually
drop out of the primary race, both candidates flaunted no political experience like Trump has not been lost
their past experiences as exemplary of the reasons why on party leaders and residents of other nations, who
they would be successful in office, despite the fact that seem to acutely grasp the many ways in which a lack of
these experiences in no way related to government. The political knowledge jeopardizes a candidate’s ability to
other common denominator: voters loved it. process the complexities that come with the presidency.
Citizens in the UK became so concerned by Trump’s
popularity that over 576,000 signed a petition to

78 Kinder Institute

ban him from the country, prompting a debate in inaugurated with George H. W. Bush, he went on
parliament on the matter6 (the minimum number of to become infamous in office for his many odd and
signatures required to prompt a debate in parliament, nonsensical sayings, such as “We don’t want to go
it should be noted, is 100,000).7 During the debate, back to tomorrow, we want to go forward.” The nail
MPs called Trump “poisonous,” a “buffoon,” and a in his political buffoon coffin, though, came when he
“wazzock,” slang for an annoying or idiotic person. compelled a young student tasked to write ‘potato’ on
Jack Dromey, a Labour Party leader and the UK’s a chalkboard to add an ‘e’ to the end of the word. The
shadow home affairs minister, was quoted as saying “I incident soon became one of the most mocked political
don’t think Donald Trump should be allowed within gaffes in the nation’s history.10
1,000 miles of our shore.”8 No vote was taken during
the debate to actually ban him, which many viewed as Vice President Joe Biden also made significant
potentially unwise, but the comments did exemplify blunders while campaigning and in office. In 2008,
how other national leaders view the candidate— during a CBS interview, Biden said that FDR was
and, if we extrapolate, the voters rushing to elect the president when the stock market crashed in 1929 and
candidate—to be absolutely “bonkers.”9 that he got on television to explain what happened.
Herbert Hoover was president in 1929, however, and
THE CLASS CLOWN: television had not yet been invented. Biden also made a
political gaffe when he said Obama called to send two
class•clown / noun, often attributive: The class additional combat brigades to Afghanistan, when he in
clown is someone who has successfully achieved a fact had called for battalions to be deployed. Though
position of power and, while perhaps intelligent, often a seemingly semantic distinction, the Vice President
makes (and makes light of his or her) frequent gaffes typically plays a crucial role in security decisions and
and blunders. The danger of class clowns lies in their needs to understand the difference between the two
ability to soften the public towards such mistakes thus to be able to adequately command the military should
clearing the way for outsider candidates who, because he or she ever be called upon to do so. Vice President
they actually lack the knowledge that class clowns Biden even mistook the number of letters in the word
devalue, demonstrate the potential to make much ‘jobs’ during a speech on the campaign trail in 2008,
larger, more consequential errors before a public that saying it was a three-letter word.11
has become numb to such errors’s significance.
Perhaps those are just isolated incidents and the
Though perhaps exemplary of the general intellectual kind of gaffes a vice president—and, in fairness, a
decline of American political candidates, Trump and human—frequently makes. But that’s precisely the
Carson are not the first candidates or even office problem: while each individual instance may not
holders to display such problematic behavior. Vice matter, collectively, they desensitize voters to a form of
President Dan Quayle earned the title of political carelessness and political inefficacy that can easily open
buffoon quickly after being selected as George H. a door for the political outsider to enter and then slam
W. Bush’s running mate for the 1988 election, when in the face of the intelligentsia candidate.
he compared himself to John F. Kennedy during a
Vice Presidential debate. He also refused to release THE PRETENDER:
his academic records, and it was later discovered that
he failed a comprehensive exam for undergraduates pre • tend • er /noun: The pretender is a self-
at DePauw University and was only admitted to the promoter who sees the underlying political opportunity
University of Indiana’s law school because of an equal of acting like a buffoon or “average Joe.” They try
opportunity program aimed at improving the school’s on either persona to make themselves appear more
recruitment of poor and minority students. Once relatable or interesting to voters. They use the
character for personal gain, but it is not their actual

Journal on Constitutional Democracy 79

personality. This poses a fundamental problem: When who would rather roll up his sleeves than bore people
intelligent candidates dumb themselves down to be
accepted by the American public, the public is then with policy talk. But while Gore and other candidates
primed to accept not only pretenders but also those who
are truly unqualified for the position. like him are busy dumbing

There have been many politicians in the past who have themselves down, they are
used buffoon tactics to gain national press attention and
popularity.Huey Long,for example,the self-proclaimed simultaneously dumbing
“Kingfish” of Louisiana, was the state’s governor and a
U.S. senator who created a political machine in 1918 down democracy. The
that would last up until the 1970s, with family members
still being elected into public office today. Long first only way voters will hear
became the darling of the press when he wore green
silk pajamas to greet a German naval captain, and he about and begin to care
went on to continue this charismatically flamboyant
and extreme stunt, usually meeting reporters and other about policy is if it is
notables in those same pajamas. While such ridiculous
and bizarre incidents were certainly calculated political actually discussed. But
maneuvers to gain press attention, Long did not allow
his flamboyance to get in the way of his policy pursuits. when nothing concrete is
He knew his politics and rarely misspoke, allowing
him to become one of the most notable demagogues offered—when no detailed,
of the 1930s.12 While detractors labeled him a buffoon,
the man was extremely calculating about his polices comprehensive platform is
and political actions. The potentially negative effects
of behavior like Long’s, however, can be seen in more presented in a digestible,
recent examples of candidates who attempted to catch
the media’s, and the public’s, eye. though no less intelligent,

During the run-up to the 1988 and 2000 presidential way—those same voters
elections, Al Gore, a famously bookish, intelligent
figure in American politics, made the curious decision are reinforced in their
to wear plaid shirts as a way of becoming more
relatable to a voting base that had come to associate belief that we should use
his intelligence with stiffness rather than political
acumen.13 In retrospect, this quest to become more everything but intelligence Senator Huey Long (1935)
likeable by effectively downplaying his intelligence/
dumbing himself down is sadly indicative of the to evaluate a candidate.
troubling climate in which low voter turnout has led
candidates like Gore to appeal to the electorate in ways BEHIND THE NUMBERS, PART 2: WHAT’S
that have little to do with actual politics. The voters, HAPPENED TO THE AMERICAN VOTER?
Gore’s decisions suggest, want to see someone like
themselves on the stage: a politician that is not just a So why is now the right time for these personas to take
politician but also a hard-working, average family man, hold and succeed? I turned to the ANES to find out.

Relying on data from the American National Election
Survey (ANES), widely considered to be representative
of the American public, I calculated the level of
political knowledge the average voter possessed in
1964 and 2000, both of which were presidential
election years. These two elections also overlap with
previously examined points at which voter turnout
was robust and in decline, respectively, which provides
an opportunity to see if lower voter participation
corresponds with less political knowledge. I also chose
the two years because they each had data for the largest
number of political knowledge questions and could
thus effectively be compared. The ANES consistently
asked respondents four questions: “Which party held
the House/Congress before the recent election”; “Do
you remember the names of the candidates running for
the U.S. House” and “Name at least one candidate”
and then the follow-ups, “Can the respondent recall
a second name” and “Do they know if the House
candidate was an incumbent.” Voters replied either
‘yes,’ ‘no,’ or ‘don’t know’ to the questions, and

80 Kinder Institute

responses were then divided by the ANES to indicate “Political Knowledge Levels in 1964 and 2000”
if the ‘yes’ answers were correct or not. I determined
that for voters to be politically knowledgeable their percent of 1964’s respondents were able to correctly
answers must be correct, otherwise they only perceive identify at least a second name.
themselves to be politically knowledgeable. Moreover,
the questions asked by the ANES are broad enough and I gave this follow-up question equal weight to the
simple enough to assume that if a respondent could not first one because of the importance of candidate
answer them, they did not possess substantial political identification in a multi-candidate race. For a U.S.
knowledge, so I therefore combined ‘don’t know’ House race, there are typically multiple candidates a
answers with incorrect and ‘no’ answers to find the voter may choose from. While remembering the name
number of respondents to each question who were not of one candidate shows a respondent has some level of
politically knowledgeable. I then divided the number of political knowledge, it is also important for them to
politically knowledgeable respondents by the number be able to identify other candidates in a race that has
of total respondents for each question to determine multiple candidates for the purpose of understanding
the percent of respondents who were politically all of their options as a voter. If they could not recall
knowledgeable. I did the same for respondents that the name of at least one other candidate in the race, the
were not politically knowledgeable to ensure the best they could do would be to use heuristics and party
calculations were complementary. I then averaged the identification to determine who to vote for. However,
percentages of each question to find the mean level of because candidates often do not strictly follow their
political knowledge among respondents. I did this to party’s platform in American politics, they may not be
include each portion of political knowledge among as representative of a voter’s ideals as he or she may
respondents, because while a respondent was less think based on heuristics alone.
likely to know the names of candidates running for the
House, they were more likely to know who held control The responses for knowledge of whether or not a U.S.
of Congress or if a House candidate was an incumbent. House candidate was an incumbent were the most
similar. In 2000, 63.22 percent answered that they did
I found that 54.60 percent of respondents knew which know if a candidate was an incumbent,18 while 66.38
party held control of the House/Congress in 2000,14 percent of respondents answered ‘yes’ in 1964.19
while 64.03 percent of respondents could answer
the question correctly in 1964.15 One point to note, When I combined the four responses, I was able to
however, is that the ANES asked respondents in 2000 determine that the average percentage of politically
specifically about the House of Representatives, while knowledgeable respondents in 2000 was 34.38 percent,
it asked 1964 respondents which party had the most while that number was 53.29 percent for respondents
Congressmen in Washington before the election.
However, the ANES has combined the two questions
as a singular categorical response in its 2012 Time Series
Study, which is why I have presumed the two are similar
enough to compare.

In 2000, 15.32 percent could remember the correct
name of at least one candidate running for the U.S.
House,16 while 52.25 percent of respondents were able
to correctly recall the name of at least one candidate
running for the U.S. House in 1964.17 Researchers
then prompted those respondents to supply a second
name of a candidate if they could. 4.37 percent of
respondents in 2000 were able to do so, while 30.51

Journal on Constitutional Democracy 81

in 1964. This significant difference corresponds with make, like Trump’s Quds-Kurds snafu, they are unable
a like decrease in voter participation. And while this is to hold these political buffoons accountable for them.
only a snapshot comparison of two years and requires
more in-depth study, it begins to capture how political That such mistakes may go unnoticed by many creates
knowledge and interest has changed among voters over an environment in which bigger, more recognizable
time, as well as the consequences of these changes. mistakes come without consequences. During an
interview with Jake Tapper on CNN, Trump was asked
This extreme drop in political knowledge is particularly about a pledge of support he received from David
telling when considered within the context of the Duke, a former Klan Grand Wizard.22 Trump had
simultaneous decrease in political participation, as the publicly stated in past years that he knew who David
combination of voter disinterest and voter ignorance Duke was and did not want to be associated with him
creates a vacuum of sorts. No longer able to appeal in any matter. But when Tapper presented him with an
to voters on the basis of their knowledge, candidates opportunity to reiterate this point in the days leading
instead are forced to reach out to voters in memorable up to many Southern primaries, he acted as if he did not
rather than substantive ways if they hope to succeed. know who Duke was and made no move to disavow the
And it is often the non-traditional candidate without support of the Ku Klux Klan. This warrants repeating:
prior experience or significant political knowledge that He did not condemn the support of the Ku Klux Klan.
thrives in this vacuum. He instead deflected the question. Yet, it hasn’t really
hurt him at the polls, a startling turn of events that
And the problem goes even further than rendering confirms how an uniformed voting base is capable of a
American voters susceptible to political buffoons at the high level of indifference toward anything of political
polls. When the average voter can barely identify one substance. Trump continued to win state primaries by
candidate in their local U.S. House race, it becomes very a wide margin, and many rightly predicted he would
concerning for the level of accountability candidates receive the Republican nomination.
are held to. More specifically, if voters are not
politically knowledgeable enough to hold candidates This reveals a larger trend with outsider candidates such
accountable while they are under the scrutiny of the as Trump. They avoid answering anything of substance,
public eye during elections, it portends a dark future even when it comes to something as easy and obvious as
for how officials are treated when they are in office and condemning the Ku Klux Klan, perhaps out of fear that
no one is looking. even the slightest hint of knowledge would put voters
off. This should deeply concern the American people.
IN DEMOCRACY, SOCIETY GETS WHAT This is the kind of behavior and negligence that not only
IT DESERVES opens the door for an outsider but also sets a ticking
time bomb inside the house of American democracy.
Donald Trump’s success in bringing out first-time
voters who had grown disengaged from and uninformed WHAT DOES THIS MEAN?
about the political process was not only a huge part of
his rise to prominence; it also boded well for his future As levels of political knowledge have dropped,the United
in the 2016 election. Individuals with low levels of States has seen a marked shift in the types of candidates
political knowledge can and often do wield a significant the country has elected and supported during national
level of control over the outcome of elections because races over the past 60 years. Politicians in the past were
of the degree to which they are susceptible to—and, mocked for their policies or dishonest behavior, such
more importantly, swayed to vote by—a combination as Richard Nixon for his infamous Watergate scandal.
of substance-light/personality-heavy ads and high But contemporary American politics has moved into
volume (though often equally empty) news coverage a new era where a politician can still be incredibly
(both of which Trump trades in).21 The problem, of viable and a leader at the polls despite not only a lack
course, is that since these low-informed voters are not of knowledge but also behavior that previously would
as likely to recognize many of the mistakes candidates have been condemned. The consequences of these

82 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

Library Digital Collections. Accessed March 15, 2016. Pecorin
10. Washington Irving, “Washington Crossing the Alleghany 1. Karl Pearson, “The groundwork of eugenics” (1909)
River” (c. 1857) https://www.flickr.com/photos/
http://digitalcollections.nypl.org/items/510d47da-f3f8-a3d9- internetarchivebookimages/14576653337/in/photolist-
e040-e00a18064a99 ow9esd-ow5kz8-oy6Py2-oeSvr8-oeRYtX-odeFW7-oumLjb-
The Miriam and Ira D. Wallach Division of Art, Prints ow4NgB-od5gTA-oujkyL-owjxFq-ov7sY9-oy6Vbz-
and Photographs: Print Collection, The New York Public oeQYfL-oeRK91-owgTFo-oeSt42-oeRrHv-oeY5rj-od6acg-
Library. “Washington crossing the Alleghany River.” New oeRZP2-oeRHDZ-owj9aN-oy73Az-oy6HGx-ouj5Hy-
York Public Library Digital Collections. Accessed March 15, ouKgN5-ouj9g5-ow4UPg-owj9gE-ouEL8K-oy6BW4-
2016. ow9nr9-oeRmCQ-owjmV7-owjm6w-oeQYwN-ow4Lea-
11. John Gast, “Spirit of the Frontier” (1872) oeQZFS-ow8ZkW-oeRpRq-oeQYPG-ovijgQ-oeRs88-
https://commons.wikimedia.org/wiki/File:American_ oeRkZX-ouj44b-oeReFq-oweFtw-oeQkvk-oujham
progress.JPG Internet Archive Book Images: Wellesley College
“American Progress,” Wikipedia Commons. Accessed March Libraries. “The groundwork of eugenics.” Flickr.
18, 2016. Accessed March 28, 2016. https://www.flickr.com/photos/
12. Emanuel Leutze, “Westward the Course of Empire Takes internetarchivebookimages/14576653337/in/photolist-
Its Way” (1861) ow9esd-ow5kz8-oy6Py2-oeSvr8-oeRYtX-odeFW7-oumLjb-
https://commons.wikimedia.org/wiki/File:Emanuel_ ow4NgB-od5gTA-oujkyL-owjxFq-ov7sY9-oy6Vbz-
Leutze_-_Westward_the_Course_of_Empire_Takes_Its_ oeQYfL-oeRK91-owgTFo-oeSt42-oeRrHv-oeY5rj-od6acg-
Way_-_Capitol.jpg oeRZP2-oeRHDZ-owj9aN-oy73Az-oy6HGx-ouj5Hy-
“Westward the Course of Empire Takes its Way,” Wikipedia ouKgN5-ouj9g5-ow4UPg-owj9gE-ouEL8K-oy6BW4-
Commons. Accessed March 18, 2016. ow9nr9-oeRmCQ-owjmV7-owjm6w-oeQYwN-ow4Lea-
McManus oeQZFS-ow8ZkW-oeRpRq-oeQYPG-ovijgQ-oeRs88-
1. Edmund Valtman, “I want to make it perfectly clear that oeRkZX-ouj44b-oeReFq-oweFtw-oeQkvk-oujham
national defense requires 18-cent oil.” (1970) 2. H.J. Myers, “Nellie Bly (Elizabeth Jane Cochran)” (c.
https://www.loc.gov/pictures/item/2005685927/ 1890)
Library of Congress, Prints and Photographs Division. “I http://www.loc.gov/pictures/item/2004680180/
want to make it perfectly clear that national defense requires Library of Congress, Prints and Photographs Division.
18-cent oil.” Library of Congress Digital Collections. “Nellie Bly (Elizabeth Jane Cochran).” Library of Congress
Accessed March 30, 2016. Digital Collections. Accessed March 28, 2016.
2. “Missouri State Capitol [2]” (c. 1860) 3. “Alabama Insane Hospital” (1907)
http://digitalcollections.nypl.org/items/510d47d9-505a- https://commons.wikimedia.org/wiki/File:Alabama_Insane_
a3d9-e040-e00a18064a99 Hospital_front_1907.jpg
The Miriam and Ira D. Wallach Division of Art, Prints and Alabama Department of Archives and History. “Alabama
Photographs: Photography Collection, The New York Public Insane Hospital – Tuscaloosa.” Wikimedia Commons.
Library. “Missouri State Capitol [2].” New York Public Accessed March 28, 2016.
Library Digital Collections. Accessed March 30, 2016. 4. “Danvers State Hospital, Danvers, MA, Kirkbride
3. Mayer, “A Lesson in Natural History: The Bull Moose and Complex” (circa 1893). Architect Nathaniel Jeremiah
the “Dough” Moose” (c. 1910) Bradlee (1829-1888) of Boston.
http://digitalcollections.nypl.org/items/9ac31dca-7269- https://en.wikipedia.org/wiki/Danvers_State_Hospital#/
4d68-e040-e00a18064cc6 media/File:Danvers_State_Hospital,_Danvers,_
The Miriam and Ira D. Wallach Division of Art, Prints Massachusetts,_Kirkbride_Complex,_circa_1893.jpg
and Photographs: Print Collection, The New York Public Public domain. Accessed October 12, 2016
Library. “Caricatures.” New York Public Library Digital 5. “Architectural plans from Thomas Kirkbride’s book, On
Collections. Accessed March 30, 2016. the Construction, Organization, and General Arrangements
of Hospitals for the Insane” (1854).
https://commons.wikimedia.org/wiki/File:Kirkbride_
Plan_1854.jpg
Plates No. 1 and No. 2 from Thomas Story Kirkbride’s On

Journal on Constitutional Democracy 87

the Construction, Organization, and General Arrangements liberty stamp” (1954)
of Hospitals for the Insane, p. 40, (1854). Public domain. https://commons.wikimedia.org/wiki/File:8cliberty.jpg
Accessed October 12, 2016. “Eight-cents USPS liberty Stamp issued 1954.” Wikimedia
6. “Postcard image of Bryce Hospital for the Insane, Commons. Accessed March 29, 2016.
Tuscaloosa, AL” (date unknown). 4. George Pflaum, “Treasure Chest: This Godless
https://commons.wikimedia.org/wiki/File:Brycehospital.jpg Communism” (1961)
The Historic Postcards of Alabama digital resource. The http://authentichistory.com/1946-1960/4-cwhomefront/7-
Sturdivant Hall Collection of the William Stanley Hoole comics/tcgodless/v17_02_03.jpg
Special Collections Library at The University of Alabama. “Treasure Chest, 1961 (v. 17, #2, p. 3).” Authentic History.
http://www.lib.ua.edu/libraries/hoole/digital/pcards/pcard. Accessed March 29, 2016.
htm “5. George Pflaum, “Treasure Chest: This Godless
Public Domain. Accessed October 12, 2016. Communism” (1961)
Bonner http://www.authentichistory.com/1946-1960/4-
1. H. Finkelstein & Son, “Ellis Island, New York City” (1918) cwhomefront/7-comics/tcgodless/v17_02_07.jpg
http://digitalcollections.nypl.org/items/510d47e2-8c51- “Treasure Chest, 1961 (v. 17, #2, p. 7).” Authentic History.
a3d9-e040-e00a18064a99 Accessed March 29, 2016.
Art and Picture Collection, The New York Public Library. [Note: from Catholic University of America’s Archives on
“Ellis Island, New York City.” New York Public Library public domain status of Treasure Chest comics:
Digital Collections. Accessed March 30, 2016. http:// The following years are public domain: 1946-1963, inclusive,
digitalcollections.nypl.org/items/510d47e2-8c51-a3d9-e040- and 1972. Copyright for the years 1964-1971 was not
e00a18064a99 renewed and has since lapsed. Since it was never published by
2. “Center for Immigration Studies,” Pie chart of nor part of CUA’s Commission on American Citizenship, the
Immigration http=//csis.org/immigrants_profile_2007 decision was taken to separate it as a manuscript collection
Scroll down to figure 3: Immigrants and Natives by Race and to make it available as a digital collection.]
Reproduced by permission of the Center for Immigration 5. Frances Benjamin Johnston, “Students pledging to the flag,
Studies 1899” (1899)
3. John Singer Sargent, Theodore Roosevelt (1903). http://www.loc.gov/pictures/item/2001703605/
https://commons.wikimedia.org/wiki/File:Theodore_ Frances Benjamin Johnston Collection: Library of Congress,
Roosevelt_by_John_Singer_Sargent,_1903.jpg Prints and Photographs Division. “Students pledging to the
The White House Historical Association. Public domain. flag, 1899.” Library of Congress Digital Collections.
Accessed October 12, 2016. Perritt
4. “Typewriter,” last modified April 19, 2012, https://www. 1. “Suffragette Parade in New York City” (1913)
flickr.com/photos/appledave/7003054304/in/photolist- http://digitalcollections.nypl.org/items/510d47dd-94f1-
bEQu4A-5GG8gz- a3d9-e040-e00a18064a99
5. Image of Donald J. Trump taken by author. Used by Irma and Paul Milstein Division of United States History,
author’s permission. Local History and Genealogy, The New York Public Library.
6. “Bully pulpit: Did you know?” Merriam Webster Online “Celebrations - Parades - Municipal events - Suffragette
Dictionary. http://www.merriam-webster.com/dictionary/ Parade.” New York Public Library Digital Collections.
bully%20pulpit Accessed October 12, 2016 Accessed July 13, 2016.
Spalding 2. “Abigail Adams” (c. 1800)
1. “United States One-Dollar Bill” (2016) http://digitalcollections.nypl.org/items/510d47dc-3be5-
2. George Pflaum, “Treasure Chest: This Godless a3d9-e040-e00a18064a99
Communism” (1961) The Miriam and Ira D. Wallach Division of Art, Prints
http://3.bp.blogspot.com/_2OgpsMgKSls/TTQmhvzKrII/ and Photographs: Print Collection, The New York Public
AAAAAAAAHSg/dyKxGqlm2mU/s1600/communism4.jpg Library. “Abigail Adams.” New York Public Library Digital
“Treasure Chest, 1961 (v. 17, #2, p. 4). Democratic Collections. Accessed July 13, 2016.
Underground. Accessed March 29, 2016. 3. “Elizabeth Cady Stanton” (c. 1900)
3. United States Post Office Department, “Eight-cents USPS

88 Kinder Institute

http://digitalcollections.nypl.org/items/510d47d9-404f-
a3d9-e040-e00a18064a99
The Miriam and Ira D. Wallach Division of Art, Prints and
Photographs: Photography Collection, The New York Public
Library. “Elizabeth Cady Stanton.” New York Public Library
Digital Collections. Accessed March 29, 2016.
4. “J.J. 8099 Faucheuses á Champéry [ Lawn Mower]” (c.
1900)
http://digitalcollections.nypl.org/items/510d47e2-7596-
a3d9-e040-e00a18064a99
Manuscripts and Archives Division, The New York Public
Library. “J.J. 8099 Faucheuses á Champéry [ Lawn Mower]”
New York Public Library Digital Collections. Accessed
March 29, 2016.
Prohov
1. “Voter Registration Over Time” (1872-2008). Image
created by the author.
2. “Senator Huey Long” (1935)
http://digitalcollections.nypl.org/items/510d47e3-49d7-
a3d9-e040-e00a18064a99
George Arents Collection, The New York Public Library.
“Senator Huey Long.” New York Public Library Digital
Collections. Accessed March 29, 2016.
3. “Political Knowledge Levels in 1964 and 2000”. Image
created by the author.

Journal on Constitutional Democracy 89



democracy.missouri.edu