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Harvard Case Study: James Madison, the “Federal Negative,” and the Making of the U.S. Constitution (1787)

Jul 12, 2022

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Hosted by the League of Women Voters of Beloit and Beloit Public Library, this Harvard Case Study is presented by Beloit Memorial High School teacher Katie Randall.

JAMES MADISON, THE “FEDERAL NEGATIVE,” AND THE MAKING OF THE US CONSTITUTION (1787) begins with the American Revolution and concludes at the Constitutional Convention. It describes the many challenges faced by the United States under the Articles of Confederation — debt, contraction of trade, recession, inflation, and Shays’ Rebellion — and how those problems informed key features of the U.S. Constitution. This program was rescheduled from June 16.

Registration is required: https://beloitlibrary.org/how-do-i/register-for-a-program/ .

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1. James Madison, the “Federal Negative,” and the Making of the U.S. Constitution (1787)

From the book democracy.

• David A. Moss
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James Madison, the 'Federal Negative,' and the Making of the U.S. Constitution

By: David A. Moss, Marc Campasano

On June 8th, 1787, at the Constitutional Convention in Philadelphia, delegates from across the United States began discussing a curious proposal to expand federal power over the states. James Madison…

• Length: 26 page(s)
• Publication Date: Feb 10, 2016
• Discipline: Business & Government Relations
• Product #: 716053-PDF-ENG

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On June 8th, 1787, at the Constitutional Convention in Philadelphia, delegates from across the United States began discussing a curious proposal to expand federal power over the states. James Madison of Virginia had suggested that the new constitution include a "federal negative," which would give Congress the authority to veto any law passed by a state legislature. He viewed this as a critical safeguard against unchecked power at the state level. In late May, Madison's Virginia delegation had presented a plan for the constitution that included a watered-down version of the negative. Now, in June, Charles Pinckney of South Carolina revived the original version, calling it "the corner stone of an efficient national Government." Not everyone agreed with Pinckney's assessment, however. Opponents charged that Madison's federal negative would allow Congress to "enslave the states" and let "large States crush the small ones." Indeed, the question of how much power - and what types of power - to vest in the federal government went to the very heart of the debate that unfolded that summer. Whether Madison could persuade his fellow delegates at the Constitutional Convention was far from clear, but there could be little doubt how much was at stake as the new nation struggled to find its footing in Philadelphia.

Feb 10, 2016 (Revised: Apr 27, 2017)

Discipline:

Business & Government Relations

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Pennsylvania, South Carolina

Industries:

Legal services industry

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Dine & Discuss – Harvard Case Study: James Madison: Creating the Constitution

“How much power should the federal government have over states?”

Bryan High Teacher Terrence O’Donnell who was trained in 2020 in the Case Study Method through Harvard University, Boston, MA will lead a discussion as he does with his Bryan High students.

The Case Study Method by Harvard Business School requires individuals to walk in the shoes of decision-makers by considering all facts within contexts of time. This process ignites discussion and does not intend to focus on particular views, but to identify approaches within decision making itself. Harvard Business School is implementing cases in schools and communities because feedback from prior participants have cited greater motivation to become civically engaged. 

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Open to the public, so please share!   This training is provided at no cost to Social Studies teachers through the League of Women Voters.  

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Arguing Marbury v. Madison (Mark Tushnet ed., Stanford Univ. Press 2005).

Abstract: Marbury v. Madison, decided in 1803, is the foundation stone of the American doctrine of judicial review. Remarkably, the case was decided without the parties having presented an oral argument to the Supreme Court. This book begins with a unique transcript of an oral argument in the case, conducted before a bench of four distinguished federal judges. The transcript is followed by essays on Marburys intellectual background, its significance in U.S. constitutional history, and the way in which we might think of constitutional theory and judicial review in terms sensitive to the historical and political contexts in which the practice persists. Distinguished commentators question some of the claims made in the essays, and offer their own perspectives on Marburys importance.

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The discussion will be moderated by award-winning Harvard Business School Professor David Moss.  

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Making the Madisonian System Work: Case Studies in Contemporary American Government

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Abstract: The cases in this collection, taken from the Kennedy School's Senior Executive Fellows Program for federal public managers, are based on the experiences of public sector managers, and designed for would--be or active practitioners focused on political management. Assembled and written by Dan H. Fenn, Jr., these eleven cases illustrate the strengths and weaknesses of the "Madisonian system." They are written from a managerial perspective, and ask of the participant: "What would I do if I had this problem?" The issues are common ones: How do I deal with an aggressive reporter in a highly controversial political environment? How do I maintain a stance of objectivity when my data is going to affect the outcome of a political struggle? How do I balance the extraordinary talent of an employee against their bizarre personal behavior? Do I really want an entrepreneurial subordinate who upsets my agency and, if so, how do I manage them? How do I decide an issue in the face of highly emotional and conflicting interest groups? How do I deal with a boss who is embarked on what I think is a highly destructive course of action? When do I tell Congress the truth about a failing program that has far-reaching economic and political impacts? The collection includes five stories about boss-subordinate relationships; two involving interest groups; three that deal with the press, the executive, and Congress; and one that encompasses all of the above: Spilling the Beans in Owaho (1745.0), The Problem of Tom (1746.0), A Go-Getter in DOD (1747.0), The Case of the Disgruntled Employee (334.0, 334.1), A Letter to Professor Dutch Leonard (1748.0), Trapped in a Dysfunctional Family (1749.0), Confrontation in Utah (1750.0), The Ad Hoc Conference and Sammy Sockeye (1751.0), The White House Carves the Turkey (1752.0), The Truth, The Whole Truth...or a Reasonable Facsimile (1753.0), Closing the Weather Service Office in Lake City (1754.0). Learning Objective: These eleven cases illustrate the strengths and weaknesses of the "Madisonian system." They are written from a managerial perspective, and ask of the participant: "What would I do if I had this problem?" Notes on Classroom Use (1755.2) is also available for this case collection--it is available to faculty and must be accessed separately through the Review Copies Service.

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The following cases are publicly available to access below. For the multimedia cases (PEL-097, PEL-098, PEL-099), when redirected to Harvard Business Press, make a free educator's account, create a coursepack, select "institution pay" (cost remains free), add the multimedia case to the coursepack, add an enrollment number, and publish the coursepack to access the multimedia case link that you can share with students/participants. Harvard Business Publishing can answer additional questions about accessing multimedia cases. For the multimedia cases, printer-friendly accessible versions are available upon request by emailing  [email protected] .

• PEL-099:  BMore Me: Empowering Youth Through Learning in Baltimore City Schools, Multimedia Case
• PEL-098:  The Cure is in the Culture: Systems Change for Black Boys in the Oakland USD, Multimedia Case
• PEL-097:  The HR Life Cycle: Human Capital Systems in the Madison Metropolitan School District, Multimedia Case
• PEL-093:  Access, Autonomy, and Accountability: School Governance Dilemmas in Post-Katrina New Orleans (B) Case Supplement Note on Governance
• PEL-092:  Access, Autonomy, and Accountability: School Governance Dilemmas in Post-Katrina New Orleans (A)
• PEL-091:  Baltimore City Public Schools (City Schools): The [Entry] of a New Chief Executive Officer
• PEL-090:  Metro Nashville Public Schools (MNPS): The [Entry] of a New Director of Schools
• PEL-089: PLIE: Improving the Capacity of School Leaders in Argentina
• PEL-087:  The Nike School Innovation Fund: Scaling for Impact in Oregon Public Schools
• PEL-085:  Decentralization in Clark County School District: Strategy is Everyone's Job
• PEL-080:  Uncommon Schools (B): Seeking Excellence at Scale through Standardized Practice
• PEL-079:  Uncommon Schools (A): A Network of Networks
• PEL-084:  Denver Public Schools (B): Innovation and Performance?
• PEL-076:  Denver Public Schools 2015 (A): Innovation and Performance?
• PEL-074:  Organizing for Family and Community Engagement in the Baltimore City Public Schools
• PEL-073:  Between Compliance and Support: The Role of the Commonwealth in District Takeovers
• PEL-071:  Career Pathways, Performance Pay, and Peer-Review Promotion in Baltimore City Public Schools
• PEL-070:  Baltimore City Public Schools: Implementing Bounded Autonomy (B)
• PEL-063:  Baltimore City Public Schools: Implementing Bounded Autonomy (A)
• PEL-068:  Central Falls High School
• PEL-067:  Meeting New Challenges at the Aldine Independent School District (B)
• PEL-030:  Meeting New Challenges at the Aldine Independent School District (A)
• PEL-062:  The Parent Academy: Family Engagement in Miami-Dade County Public Schools
• PEL-061:  The Turn-Around at Highland Elementary School
• PEL-055:  Taking Human Resources Seriously in Minneapolis
• PEL-054:  Focusing on Results at the New York City Department of Education
• PEL-053:  Managing Schools for High Performance: The Area Instruction Officer at Chicago Public Schools
• PEL-047:  Using Data to Improve Instruction at the Mason School
• PEL-044:  Race, Accountability, and the Achievement Gap (B)
• PEL-043:  Race, Accountability, and the Achievement Gap (A)
• PEL-041:  Managing at Scale in the Long Beach Unified School District
• PEL-039:  The STAR Schools Initiative at the San Francisco Unified School District
• PEL-033:  Managing the Chicago Public Schools
• PEL-029:  Reinventing Human Resources at the School District of Philadelphia
• PEL-028:  Differentiated Treatment at Montgomery County Public Schools
• PEL-027:  Memphis City Schools: The Next Generation of Principals
• PEL-026:  New Leadership at Portland Public Schools
• PEL-024:  Staffing the Boston Public Schools
• PEL-013:  Learning to Manage with Data in Duval County Public Schools: Lake Shore Middle School (B)
• PEL-008:  Learning to Manage with Data in Duval County Public Schools: Lake Shore Middle School (A)
• PEL-009:  The Campaign for Human Capital at the School District of Philadelphia
• PEL-007:  Long Beach Unified School District (B): Working to Sustain Improvement (2002-2004)
• PEL-006:  Long Beach Unified School District (A): Change That Leads to Improvement (1992-2002)
• PEL-005:  Pursuing Educational Equity at San Francisco Unified School District
• PEL-004:  Aligning Resources to Improve Student Achievement: San Diego City Schools (B)
• PEL-003:  Aligning Resources to Improve Student Achievement: San Diego City Schools (A)
• PEL-002:  Compensation Reform at Denver Public Schools
• PEL-001:  Bristol City Schools (BCS)

Research Notes on Frameworks and Strategy

• PEL-096: Note on Racial Equity in School Systems
• PEL-095:  Successfully Restarting Schools in the Face of COVID-19: A Framework
• PEL-082:  Superintendents of Public School Districts as Sector Level Leaders
• PEL-081:  Creating Public Value: School Superintendents as Strategic Managers of Public Schools
• PEL-078:  Principals as Innovators: Identifying Fundamental Skills for Leadership of Change in Public Schools
• PEL-083:  A Problem-Solving Approach to Designing and Implementing a Strategy to Improve Performance
• PEL-011:  Note on Strategy in Public Education
• PEL-010:  Note on the PELP Coherence Framework

The following case studies are available for purchase from Harvard Ed Press. If you are interested in receiving the teaching note(s) for the KC-designated cases listed below, please email [email protected] .

• KC37CHA:  Challenges to Implementing Innovation and Accountability in Denver
• KC36INVE:  Investing in Teachers: The Lawrence Public Schools Respond to State Receivership
• KC39SCAL:  Scaling Up Data Wise in Prince George's County Public Schools
• KC40NAV: Navigating Governance Changes and District Improvement: Strategic Leadership in St. Louis Public Schools
• KC41LEAD: Leaders Change, Policies Evolve: The Lawrence Public Schools Respond to State Receivership (Act II)

Teaching Notes (available upon email request)

• PEL-094: Access, Autonomy, and Accountability: School Governance Dilemmas in Post-Katrina New Orleans (A) & (B)
• PEL-088: The Nike School Innovation Fund: Scaling for Impact in Oregon Public Schools
• PEL-086: Denver Public Schools: Innovation and Performance?
• PEL-075: Organizing for Family and Community Engagement in the Baltimore City Public Schools
• PEL-072: Career Pathways, Performance Pay, and Peer-Review Promotion in Baltimore City Public Schools
• PEL-069: Central Falls High School
• PEL-066: Managing Schools for High Performance: The Area Instruction Officer at Chicago Public Schools
• PEL-065: Baltimore City Public Schools: Implementing Bounded Autonomy
• PEL-060: Learning to Manage with Data in Duval County Public Schools: Using the Case in an Education Entrepreneurship Course
• PEL-059: Taking Human Resources Seriously in Minneapolis
• PEL-058: Memphis City Schools: The Next Generation of Principals
• PEL-057: Focusing on Results at the New York City Department of Education
• PEL-052: Southwest Airlines: Using Human Resources for Competitive Advantage (A) - Using the Case with Education Administrators
• PEL-049: Bristol City Schools
• PEL-048: Using Data to Improve Instruction at the Mason School
• PEL-046: Race, Accountability, and the Achievement Gap (A) and (B)
• PEL-042: Managing at Scale in the Long Beach Unified School District
• PEL-040: The STAR Schools Initiative at the San Francisco Unified School District
• PEL-036: Meeting New Challenges at the Aldine Independent School District
• PEL-035: Reinventing Human Resources at the School District of Philadelphia
• PEL-034: Managing the Chicago Public Schools
• PEL-032: New Leadership at Portland Public Schools
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Leadership & Managing People

James Madison, the 'Federal Negative,' and the Making of the U.S. Constitution

James Madison, the 'Federal Negative,' and the Making of the U.S. Constitution ^ 716053

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Publication Date: February 10, 2016

On June 8th, 1787, at the Constitutional Convention in Philadelphia, delegates from across the United States began discussing a curious proposal to expand federal power over the states. James Madison of Virginia had suggested that the new constitution include a "federal negative," which would give Congress the authority to veto any law passed by a state legislature. He viewed this as a critical safeguard against unchecked power at the state level. In late May, Madison's Virginia delegation had presented a plan for the constitution that included a watered-down version of the negative. Now, in June, Charles Pinckney of South Carolina revived the original version, calling it "the corner stone of an efficient national Government." Not everyone agreed with Pinckney's assessment, however. Opponents charged that Madison's federal negative would allow Congress to "enslave the states" and let "large States crush the small ones." Indeed, the question of how much power - and what types of power - to vest in the federal government went to the very heart of the debate that unfolded that summer. Whether Madison could persuade his fellow delegates at the Constitutional Convention was far from clear, but there could be little doubt how much was at stake as the new nation struggled to find its footing in Philadelphia.

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Younger votes still lean toward Biden — but it’s complicated

New IOP poll shows they still plan to show up to vote but are subject to ‘seismic mood swings’ over specific issues

Christina Pazzanese

Harvard Staff Writer

Younger voters turned out in historic numbers to help lift Joe Biden past Donald Trump in the 2020 presidential election. This year, the match-up is the same, but the feelings are much more complicated. 

Gen Z and late Millennial voters (ages 18-29) are more dissatisfied with their choices and worried over kitchen table issues such as inflation and housing. But most still support Biden over Trump, contrary to some earlier polls, and they do still intend to make their voices heard in November, according to a new Harvard Youth Poll released Thursday.

John Della Volpe, the IOP’s longtime polling director, said he sees “seismic mood swings” in the results as young people feel “angst” over a host of issues.

“They’re deeply concerned … about the direction of the country. They are deeply concerned about their own economic well-being, the cost of housing, inflation, [the] day-to-day cost of living. They’re concerned about conflicts around the world,” he said. “But at the same time, the choice between Donald Trump and Joe Biden isn’t necessarily close.”

The poll surveyed just over 2,000 Americans nationwide between the ages of 18 and 29 from March 14-21. The margin of error is plus or minus 3.02 points. Launched in 2000, the Harvard Youth Poll is the largest political survey of young Americans and is administered by the Harvard Public Opinion Project, an undergraduate-run organization.

In a head-to-head matchup, Biden leads Trump by eight points (45 percent-37 percent) . Among those most likely to vote, his lead expands to 19 points (56 percent-37 percent). That’s considerably smaller than Biden’s advantage in spring 2020 when he was up by 23 points among all young voters and 30 points among likely voters.

When third-party and independent candidates Robert F. Kennedy Jr., Jill Stein, and Cornel West are included, Biden’s lead over Trump shrinks from 19 to 13 points among likely voters.

Trump enjoys significant enthusiasm (76 percent) from those who already favor him but can’t seem to garner more than 37 percent of support from young voters.

The outcome of his current criminal trial in New York City, however, could damage that support. 

Trump has been charged with falsifying business records to conceal an extramarital affair in 2016 in a case prosecuted by Manhattan District Attorney Alvin Bragg ’95, J.D. ’99. The survey showed that if Trump is found guilty, Biden would get a nine-point bump among likely voters and a 10-point bump among all young people.

Asked whether the country is on the right or wrong track, more than half (58 percent) said the wrong track, and nearly one-third were unsure. Only 9 percent said the country is moving in the right direction, the first time this number was in the single digits in the poll’s 24-year history, organizers said. Four years ago, 21 percent said the nation was headed in the right direction.

Some Democrats have voiced concerns that significant numbers of young voters, dissatisfied with their election choices, might sit out the 2024 election. According to the poll, 53 percent say they’ll “definitely” vote this fall, compared to 54 percent who said the same and did so in numbers that helped propel Biden to victory in 2020.

Poll results showed that two issues closely associated with under-30 voters — the Israel-Hamas war and student debt relief — may not be especially consequential ones when it comes to casting votes.

Biden gets good marks (39 percent) for his efforts to reduce student debt, and poor marks for his handling of the war in Gaza (18 percent). But young people ranked these as least important among the issues facing the country. The majority said inflation, healthcare, and housing were the top three matters, followed by gun violence, according to the poll.

Confidence in the nation’s institutions has plummeted among younger Americans over the last two election cycles. Since 2015, trust in the presidency has dropped 60 points and in the Supreme Court by 55. Wall Street (9 percent) and the media (10 percent) are trusted least, but even the U.S. military, once considered largely above doubt, is now trusted by only 36 percent surveyed.

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David Moss is the Paul Whiton Cherington Professor at Harvard Business School and the founder of the Case Method Institute. Before joining the Harvard Business School faculty in 1993, he received his B.A. from Cornell University and his Ph.D. from Yale. David is the author of numerous books, articles, and case studies , mainly on the history of economic policy and democratic governance in the United States. He is the recipient of many honors, including the Student Association Faculty Award for outstanding teaching at Harvard Business School (twelve times) and the American Risk and Insurance Association’s Annual Kulp-Wright Book Award for the “most influential text published on the economics of risk management and insurance.” He also helped to create the Tobin Project, a nonprofit research organization, which received the MacArthur Award for Creative and Effective Institutions. 

In 2013, David launched a case-based course on the history of American democracy for Harvard undergraduates and MBA students. The success of this course inspired Professor Moss’s 2017 book,  Democracy: A Case Study , as well as the creation of the Case Method Project at Harvard Business School in 2015 and, subsequently, the Case Method Institute for Education and Democracy in 2020. 

Joanna Beinhorn

Joanna Beinhorn is the program coordinator for the Case Method Project. She assists with facilitating ongoing work in the areas of curriculum development and teacher education, and she plays a direct role in providing support for participating teachers. Joanna has worked for Harvard Business School in various administrative capacities since 2008. In her free time, she likes to garden and travel.

Lisa Chaderjian

Sophia di giorgio.

Walter Friedman

Walter Friedman is a Lecturer at Harvard Business School and directs curriculum development for the Case Method Project. He received his Ph.D. in history from Columbia University and is author of Birth of a  Salesman: The Transformation of Selling in America (2004) and Fortune Tellers: The Story of America's  First Economic Forecasters (2013), which won the Hagley Prize in  Business History. At Harvard Business School, Walter is co-editor of Business History Review and directs the  school's Business History Initiative. He is a past president of the Business  History Conference.

Dean Grodzins

Dean Grodzins writes case studies and develops curricular material for the  Case Method Project. He received his A.B. in history from Williams College and  his Ph.D. in history from Harvard University. He has served as Lecturer in  History and Literature at Harvard, Professor of History at Meadville Lombard  Theological School, and Editor of The Journal of Unitarian Universalist  History , and has held fellowships from Yale University and the  Massachusetts Historical Society. Dean has published widely on American history  and is the author of American Heretic: Theodore Parker and Transcendentalism (2003),  which won the Alan Nevins Prize from the Society of American Historians. He has  been working with David Moss since 2013, co-writing case studies with him and  others, seven of which were used in David's History of American Democracy  course at Harvard and published in David’s book Democracy:  A Case Study (2017). Dean also drew a comic strip for twenty years.

Tim Lambert

Tim Lambert is a writer, researcher, and curriculum developer for the Case Method Project. A native of Amherst, Massachusetts, he received his A.B. in social studies from Harvard College and currently lives in San Francisco, California. Motivated by the belief that everyone deserves a first-rate education, Tim focuses on improving the accessibility of the Case Method Project’s case materials and helping teachers adapt case method teaching to diverse high schools settings. He is an avid consumer of hard science fiction and a restless explorer of the great outdoors.

Grace MacNeill

Julia Monaco

Julia Monaco works with the teacher support team, and partners with teachers to enable successful implementation of the Case Method in high school classrooms. Originally from California, Julia received her B.A. in American History and French language from Wellesley College, where her history studies focused on the establishment of democratic institutions and inspired the belief that history education should be engaging. Julia spends her weekends freelancing as a professional sports and wedding photographer.

Lani O'Donnell

Lani O'Donnell is the staff assistant for the High School Case Method Project where she works with teacher support and survey processing. Prior to working with the Harvard Business School, she assisted with a fellowship that trained data analysts in education policy with the Strategic Data Project at the Harvard Graduate School of Education. Lani also has a passion for history, having worked and volunteered at the Medford Historical Society since 2016. Lani has received her M.A. in Museum Studies from Johns Hopkins and her M.A. in History from the Harvard Extension School. In her free time, Lani likes swing dancing, playing board games, and spending time with her four ferrets.

Maureen O’Hern

Maureen O'Hern works with the Case Method Project on teacher outreach and mentorship, and is also a history teacher at Boston Collegiate Charter School. Originally from the Bay Area, Maureen received her A.B. in history at Princeton University and her M.Ed at Harvard University before beginning her teaching career at Boston Collegiate. Maureen teaches a combination of high school A.P. and semester-based electives, including a fully case-based course entitled Democracy in America, and is working with the Program to support teachers as they embrace the case method in their courses. In her time outside of the classroom, Maureen can be found cheering on the San Francisco Giants, or out on the field herself, playing softball on Boston-area teams.

Steve Cohen

Steve Cohen is a retired lawyer who now works on numerous aspects of the Case Method Project, including recruiting and assembling cohorts of teachers for each pilot program. His passion for the Case Method Project comes from a background of political engagement, love of history and democracy, and desire for all students to appreciate their importance within civic life.

Melanie Wachtell Stinnett

Melanie Wachtell Stinnett is Managing Director of the Case Method Institute. Previously, she served for five years as a director of the Tobin Project, a research nonprofit in Cambridge, MA, and practiced appellate law at Quinn Emmanuel Urquhart and Sullivan LLP. She has authored and/or edited several books and articles in the fields of law and public policy. Melanie holds a J.D. from Stanford Law School and a B.A. from Princeton University's Woodrow Wilson School of Public and International Affairs, and lives in Boston, MA, with her husband, two children, and one dog.