James Wilson (1742-1798) Handouts A-D Answer Key

James Wilson

Handout A—James Wilson (1742–1798)

1. James Wilson asserted that the Constitution was as close to perfection as such a document could be. He and other Federalists did not believe a separate bill of rights was needed. If only certain rights were spelled out in a bill of rights, it would be too easy to assume rights not listed were relinquished.
2. James Wilson is credited with the compromise of the Electoral College. This system of presidential election blended state authority with popular sovereignty and made sure that states did not have complete power over choosing the president.
3. President Washington appointed James Wilson as Associate Justice of the Supreme Court. Wilson had lobbied for the office of Chief Justice. Washington, however, felt Wilson’s reputation was too tainted to serve in that high position.
4. Wilson’s idea that, with the Declaration of Independence, states gave up their power to the people, was radical because it meant that the citizens of the various states were ultimately all citizens of the United States. Wilson’s position that the new national government should be seen as based on popular sovereignty and not state sovereignty represented a significant shift from the situation that existed under the Articles of Confederation. Some, such as Patrick Henry and Thomas Jefferson, disagreed with Wilson and continued to argue long after the Convention that substantial power should be reserved to the individual states.
5. Students should explain why they do or do not feel like citizens of their specific state. Some students will be interested in their state’s chief industries, some students will enjoy the common pastimes of their state: going to the beach in Florida, going skiing in Colorado, and so on. Others will feel that the values that unite Americans outweigh the specific interests of their state.

Handout B—Vocabulary and Context Questions

1. Vocabulary
   1. justice system
   2. approve
   3. deterrents
   4. restraint
   5. lessened
   6. baseless
   7. contrary
   8. discovering
   9. cowardly
   10. hateful
   11. well-being
2. Context
   1. James Wilson wrote this document.
   2. This document was written in 1791.
   3. This is a set of instructions to a grand jury, explaining Wilson’s views on punishment.
   4. The purpose of this document was to explain Wilson’s view on the importance of mild and moderate punishment.

Handout D—Analysis: James Wilson’s “Charge to the Grand Jury” (1791)

1. Wilson would likely support the policy because it is moderate, and is apparently achieving its goal of preventing fighting in school.
2. Wilson would be unlikely to support this policy because the punishment is not moderate, but rather is disproportionately severe.
3. Wilson would be unlikely to support this practice because the punishment is not swift, and therefore would be unlikely to prevent crime.
4. Wilson would be unlikely to support the teacher’s uncertain enforcement of the policy, because punishment that is not certain will not deter students from disrupting class—the goal of the detention rule.
5. Wilson would likely disapprove of the requirement for a lifetime in solitary confinement for all violent crime. He would likely applaud the advocacy group’s petitioning of lawmakers, and the nation for boldly engaging in a debate about the appropriateness of the lifetime-in-solitary confinement requirement.
6. Some students may say that cowardice is inherent in the anonymous execution procedure and Wilson would disapprove of it. Other students may say that the state is taking responsibility for the execution, and that the mode of execution is not cowardly, but rather demonstrates responsibility on the state’s part.