De Tocqueville helps us see American democracy as a way of life shaped by individualism and a dislike of theatrical display. In John Adams, the ideals of Protestant Christianity and Roman republicanism collided. Adams believed in personal integrity, but was unashamed to perform a social role, inspired by the Roman republican orator Cicero. In the nineteenth century Hugh Blair repositioned rhetoric as a way to speak truth, in a language that in practice confined truth-speaking to the elite. When working-class Irish Americans sought a more inclusive democracy, they found a symbolic representative in the actor Edwin Forrest, and many died in the ensuing riot outside a new opera house in 1849. Black Americans first found a public voice through the person of Frederick Douglass, whose oratory was founded both on preaching and on the old flamboyant republican tradition. Women first demanded a voice in the context of Quakerism and the campaign to abolish slavery. Elizabeth Cady Stanton later argued for female suffrage in terms that were more secular, more individualist and ultimately more elitist.

The introduction outlines the systemic violence that supports liberal society in early America. Focused on the Boston Massacre, it uses the courtroom representations of John Adams in defense of British soldiers to understand how hostile racial difference organized society and how such differences opened the way for the empowerment of White individuals. Here Whiteness and racial hierarchy become key markers in the formation of how violence is deployed in America.

Political speech, now one of the most highly-protected forms of speech in the United States, wasn't always protected. In times of stress, particularly times of war, free speech has been curtailed: Congress passed the Sedition Act of 1798 to silence critics of the Adams administration, and it passed the Espionage and Sedition Acts of 1917/18 to silence critics of US participation in WW I. Both laws openly flouted constitutional free-speech guarantees. In a series of high-profiile cases over the course of the twentieth century, the US Supreme Court developed a First Amendment doctrine that gave more and more types of speech First Amendment protection. Starting with the Charlie Hebdo massacre in Paris in 2015, this chapter looks at increasing protections for political speech from 1791 to the present, including free speech for students. We assess the continuing impact of the doctrine that might be called "free speech, but." Yes, speech is protected, but there is still some speech considered outside the framework of legal protection.

The corresponding societies of the Age of Revolutions survived through turning into more durable organizations – political parties. The Democratic-Republicans hotly contested the election of 1796 but suffered reversals for being Francophile enthusiasts amid the Quasi-War of 1798. Despite being threatened with repression by the Alien and Sedition Acts, however, party activists remobilized for the election of 1800, which brought Thomas Jefferson to the presidency and the Democratic-Republicans into power.

Massachusetts was the last of the original thirteen American states to disestablish religion. Its 1780 constitution guaranteed freedom and equality to all peaceable private religions but also retained a “mild and equitable establishment” featuring (1) ceremonial public religious language, symbols, rituals, and oaths, (2) moral instruction in state schools, and 3) state collection of tithes and required religious worship. Lead draftsman John Adams crafted this approach as a political compromise between hardline establishmentarians and radical separationists in his day. But this view also reflected his belief that too little religious freedom is a recipe for hypocrisy and impiety, while too much religious freedom is an invitation to depravity and license. After 1780, this compromise fell apart as religious pluralism and political division over religion grew in the state. Amendments of 1821 and 1833 outlawed religious test oaths, mandatory worship, and state tithe collections, but the state retained its ceremonial and moral establishments.

Massachusetts was the last of the original thirteen American states to disestablish religion. Its 1780 constitution guaranteed freedom and equality to all peaceable private religions but also retained a “mild and equitable establishment” featuring (1) ceremonial public religious language, symbols, rituals, and oaths, (2) moral instruction in state schools, and 3) state collection of tithes and required religious worship. Lead draftsman John Adams crafted this approach as a political compromise between hardline establishmentarians and radical separationists in his day. But this view also reflected his belief that too little religious freedom is a recipe for hypocrisy and impiety, while too much religious freedom is an invitation to depravity and license. After 1780, this compromise fell apart as religious pluralism and political division over religion grew in the state. Amendments of 1821 and 1833 outlawed religious test oaths, mandatory worship, and state tithe collections, but the state retained its ceremonial and moral establishments.

Chapter 6 deals with the question of American self-understanding after the Declaration of Independence—were they one people or many peoples?—and the framing of the state constitutions. The first part of the chapter offers substantial excerpts from the first constitutions of Virginia, Pennsylvania, and Massachusetts as well as critical examinations of these documents by contemporaries, including passages from Jefferson’s Notes on the State of Virginia and Benjamin Rush’s Observations on the Present Government of Pennsylvania. The selections reveal two fundamental problems to be decided by the state constitutional conventions: who was qualified to write a constitution and who should approve and ratify it—the people at large or the natural aristocracy? The second part of the chapter presents the Articles of Confederation and excerpts from related writings. The same confrontation between the principle of corporate representation and the principle of numerical majorities played out in the debates on the Articles of Confederation as delegates disagreed whether to emphasize the union or the states.

Chapter 1 examines the first, and arguably most important, act of rogue diplomacy in American history: the refusal of Benjamin Franklin, John Adams, and John Jay to heed the Continental Congress's instructions that they make no peace with Britain without first obtaining French consent. The government of Louis XVI had kept the American Revolution afloat through nearly a decade of war, and the French foreign minister - Charles Gravier, Comte de Vergennes - expected his American allies to follow Paris's lead during peace negotiations, but Adams, Jay, and particularly Franklin executed a briliant end-run around Versailles and concluded a separate treaty with London that gave the infant United States far more generous borders (along with other concessions) than Vergennes or Louis ever would have countenanced. By defying the Congress, and by profiting so immensely thereby, Franklin, Jay, and Adams established a standard of diplomatic insubordination that endures to the present day.

John Dickinson (1732–1809) was a Founder of the United States whose jurisprudence was greatly influenced by Quakerism. Although he never joined the Religious Society of Friends, Dickinson adopted the basic tenets of their religion, particularly the belief in the Light of Christ in the conscience, which caused them to consider all people spiritually equal, regardless of gender, race, or socio-economic status. The strong and outspoken Quaker women in Dickinson’s life—his mother, wife, daughters, and a range of other female friends and relatives—influenced him to advocate for women in his legal practice and in his work to found the nation. Among the leading Founders, Dickinson was the only one to press for women’s rights, making him an early feminist.