¹ Bryce, James, The American Commonwealth (New York, 1888), 2:2–3.Google Scholar

² Cubberley, Ellwood P., Public Education in the United States: A Study and Interpretation of American Educational History (Boston, 1934) and the early state histories; Cremin, Lawrence A., The Wonderful World of Ellwood Patterson Cubberley: An Essay on the Historiography of American Education (New York, 1965); Kaestle, Carl F., Pillars of the Republic: Common Schools and American Society, 1780–1860 (New York, 1983).Google Scholar

³ Elazar, Daniel J., The American Partnership: Intergovernmental Cooperation in the Nineteenth-Century United States (Chicago, 1962); Swift, Fletcher H., A History of Public Permanent School Funds in the United States, 1795–1905 (New York, 1911); Hicks, John D., “The Constitutions of the Northwest States,” The University Studies of the University of Nebraska, 23 (Jan.-Apr. 1923): 82–83.Google Scholar

⁴ Some works that illustrate the richness of such topics are: Kaestle, , Pillars; Kaestle, Carl F. and Vinovskis, Maris A, Education and Social Change in Nineteenth-Century Massachusetts (New York, 1980); Jorgenson, Lloyd P., The Founding of Public Education in Wisconsin (Madison, 1956); Wollenberg, Charles, All Deliberate Speed: Segregation and Exclusion in California Schools, 1855–1975 (Berkeley, 1976); and Hendrick, Irving G., The Education of Non-Whites in California, 1849–1970 (San Francisco, 1977).Google Scholar

⁵ For some pertinent developments in the literature on constitutionalism, see Belz, Herman, “New Left Reverberations in the Academy: The Antipluralist Critique of Constitutionalism,” Review of Politics 36 (Apr. 1974):265–83; Parenti, Michael, Democracy for the Few (New York, 1980); Belz, Herman, “The Realist Critique of Constitutionalism in the Era of Reform,” American Journal of Legal History 15 (Oct. 1971):288–306; Michigan offers a useful case study of how constitutional, statutory, and case law interacted—see, for example, Pierce, John D., “Origin and Progress of the Michigan School System,” Report of the Pioneer Society of the State of Michigan 1 (1874–76): 37–45; Cooley, Thomas M., Michigan: A History of Governments (Boston, 1888).CrossRefGoogle Scholar

⁶ de Tocqueville, Alexis, Democracy in America, ed. Bradley, Phillips (New York, 1945), 1: 59–60, 260; Skowronek, Stephen, Building a New American State: The Expansion of National Administrative Capacities, 1877–1920 (Cambridge, Eng., 1982), chs. 1–2.Google Scholar

⁷ Schmidt, Gregory G., “Republican Visions: Constitutional Thought and Constitutional Revision in the Eastern United States, 1815–1830” (Ph.D. diss., University of Illinois at Urbana-Champaign, 1981); Green, Fletcher M., “Cycles of American Democracy,” Mississippi Valley Historical Review 48 (June 1961):3–23; Formisano, Ronald P., “Deferential-Participant Politics: The Early Republic's Political Culture, 1789–1840,” American Political Science Review 68 (June 1974):473–87; on political parties as private organizations mediating collective activity in the public sphere, see Goldman, Perry M., “Political Virtue in the Age of Jackson,” Political Science Quarterly 87 (Mar. 1972):46–62.Google Scholar

⁸ Parkinson, George P. Jr., “Antebellum State Constitution-Making: Retention, Circumvention, Revision” (Ph.D. diss., University of Wisconsin, 1972), 219–29; Peterson, Merrill D., ed., Democracy, Liberty, and Property: The State Constitutional Conventions of the 1820's (Indianapolis, 1966).Google Scholar

⁹ Lutz, Donald S., “The Theory of Consent in the Early State Constitutions,” Publius: The Journal of Federalism 9 (Spring 1979):11–42; Dealey, James Quayle, “General Tendencies in State Constitutions,” American Political Science Review 1 (Feb. 1907):203–4; Willard Hurst, J., The Growth of American Law: The Lawmakers (Boston, 1950), ch. 2; Friedman, Lawrence M., A History of American Law (New York, 1973), 100–109.Google Scholar

¹⁰ Cooley, Thomas M., A Treatise on the Constitutional Limitations Which Rest upon the Legislative Power of the States of the American Union, 4th ed. (Boston, 1878), 266; Bryce, , Commonwealth, 2:138–41; Still, Bayrd, “An Interpretation of the Statehood Process, 1800 to 1850,” Mississippi Valley Historical Review 23 (Sept. 1936):189–204; Ekirch, Arthur A. Jr., “Democracy and Laissez Faire: The New York State Constitution of 1846,” Journal of Libertarian Studies 1 (Fall 1977):319–23.Google Scholar

¹¹ Bryce, , Commonwealth, 2: 138; for angry denunciations of corporations by members of the Workingmen's Party, see Debates and Proceedings of the Constitutional Convention of the State of California… 1878–79, 3 vols. (Sacramento, 1880); Swisher, Carl B., Motivation and Political Technique in the California Constitutional Convention, 1878–79 (Claremont, Calif., 1930).Google Scholar

¹² West Virginia report quoted in Bryce, , Commonwealth, 2: 131, note 1; Keller, Morton, Affairs of State: Public Life in Nineteenth-Century America (Cambridge, Mass., 1977), 323–26; McVey, Frank L., “Past and Present Sticking Points in Taxation,” Mississippi Valley Historical Association, Proceedings, 1909–10, 3 (1911):348–60.Google Scholar

¹³ Campbell, Ballard C., Representative Democracy: Public Policy and Midwestern Legislatures in the Late Nineteenth Century (Cambridge, Mass., 1980), 167; Harris, Carl V., “Spotlight on State Legislatures,” Reviews in American History 10 (Mar. 1982):78–83; Bryce, , Commonwealth, 2:128–32, 138, 156, 161; Report of the Proceedings and Debates in the Convention to Revise the Constitution of the State of Michigan (Lansing, 1850), 803, passim; Debates California, 1878–79; southern constitutions in Thorpe, Frances N., ed., The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies Now or Heretofore Forming the United States of America (Washington, D.C., 1909).Google Scholar

¹⁴ Friedman, , American Law, 302–18; Keller, , Affairs of State, 319–30.Google Scholar

¹⁵ Keller, , Affairs of State, 319–30; Brown, Cynthia E., State Constitutional Conventions: From Independence to the Completion of the Present Union, 1776–1959 (Westport, Conn., 1973), introduction by Leach, Richard H. Google Scholar

¹⁶ Sargent, Noel, “The California Constitutional Convention of 1878–79,” California Law Review 6 (1917): 12; Swisher, , Convention, 96.CrossRefGoogle Scholar

¹⁷ Bryce, , Commonwealth, 2: 167.Google Scholar

¹⁸ Ibid., 2: 149.CrossRefGoogle Scholar

¹⁹ Kaestle, , Pillars, 114–15; Wickersham, James P., A History of Education in Pennsylvania (Lancaster, Pa., 1886), chs. 17–18; Jackson, George L., The Development of State Control of Public Instruction in Michigan (Lansing, 1926), chs. 2–4; Burns, James J., Educational History of Ohio (Columbus, 1905), ch. 14.Google Scholar

²⁰ Grob, Gerald N., “The Political System and Social Policy in the Nineteenth Century: Legacy of the Revolution,” Mid-America 58 (Jan. 1976): 14, note 16; Hurst, , Lawmakers 97, 48–49; Bryce, , Commonwealth, 2: ch. 44.Google Scholar

²¹ Orlov, Ann S. and Skocpol, Theda, “Why Not Equal Protection? Explaining the Politics of Public Social Welfare in Britain and the United States, 1880s–1920s,” paper presented at the annual meeting of the American Sociological Association, 1983, p. 22; Flora, Peter and Heidenheimer, Arnold J., eds., The Development of Welfare States in Europe and America (New Brunswick, N.J., 1981).Google Scholar

²² Skocpol, Theda and Ikenberry, John, “The Political Formation of the American Welfare State in Historical and Comparative Perspective,” paper presented at the annual meeting of the American Sociological Association, 1982; Riordan, William L., Plunkitt of Tammany Hall… (New York, 1905); on private relief and charitable organizations performing public functions and exercising official powers, see Bremner, Robert H., ed., Children and Youth in America: A Documentary History, Vol. II: 1866–1932 (Cambridge, Mass., 1971).Google Scholar

²³ We are indebted to Professor George Frederickson for stressing the contrast between private and public power in a talk at Stanford University; on educational contrasts, see Heidenheimer, Arnold J., “Education and Social Security: Entitlements in Europe and America,” in Flora, and Heidenheimer, , Welfare States, 269–304.Google Scholar

²⁴ Campbell, , Representative Democracy, 200 Google Scholar

²⁵ Bryce, , Commonwealth, 2:154–55; McCormick, Richard L., “The Party Period and Public Policy: An Exploratory Hypothesis,” Journal of American History 66 (Sept. 1979):279–98; Willard Hurst, J., Law and the Conditions of Freedom in the Nineteenth Century United States (Madison, 1956), ch. 1; Oscar, and Handlin, Mary Flug, Commonwealth: A Study of the Role of Government in the American Economy: Massachusetts, 1774–1861, rev. ed. (Cambridge, Mass., 1969); Hartz, Louis, Economic Policy and Democratic Thought: Pennsylvania, 1776–1860 (Cambridge, Mass., 1948); Nash, Gerald D., State Government and Economic Development: A History of Administrative Policies in California, 1849–1933 (Berkeley, 1964).Google Scholar

²⁶ Grob, , “Policy,” 8, 11–12, 13; Michigan committee quoted in Jackson, , State Control, 216.Google Scholar

²⁷ Grob, , “Policy,” 16, 18.Google Scholar

²⁸ Fishlow, Albert, “Levels of Nineteenth-Century American Investment in Education,” Journal of Economic History 26 (Dec. 1966):435; Heidenheimer, , “Entitlements.”CrossRefGoogle Scholar

²⁹ Fishlow, , “Investment,” 420–21; Blodgett, James H., Report on Education in the United States at the Eleventh Census: 1890, Census Office Monograph (Washington, D.C., 1893), introduction; Brown, Samuel W., The Secularization of American Education as Shown by State Legislation, State Constitutional Provisions, and State Supreme Court Decisions (New York, 1912).Google Scholar

³⁰ In the table and text commenting on the table we analyze the educational provisions of state constitutions given in Thorpe, , ed., Constitutions; up to 1875 these have been conveniently summarized in Hough, Franklin B., “Constitutional Provisions in Regard to Education in the Several States of the American Union,” U.S. Bureau of Education, Circular of Information, No. 7 (Washington, D.C., 1875); see also Matzen, John M., State Constitutional Provisions for Education: Fundamental Attitude of the American People Regarding Education as Revealed by State Constitutional Provisions, 1776–1929 (New York, 1931) and White, Frank S., Constitutional Provisions for Differentiated Education (Fairmont, W.V., 1950).Google Scholar

³¹ Northwest Ordinance in Thorpe, , ed., Constitutions, 2:961.Google Scholar

³² Feller, Daniel, The Public Lands in Jacksonian Politics (Madison, Wis., 1984); Swift, , School Funds, ch. 3.Google Scholar

³³ Knight, George W., History and Management of Land Grants for Education in the Northwest Territory (Ohio, Indiana, Illinois, Michigan, Wisconsin) (New York, 1885); Hicks, , “Constitutions”; Iverson, Samuel G., “The Public Lands and School Fund of Minnesota,” Minnesota Historical Society, Collections 15(1915):287–314.Google Scholar

³⁴ Elazar, , Partnership, 142–43; Register of Debates in Congress, 21st Cong., 1st sess., House of Representatives, 16 Dec. 1829, pp. 475–77.Google Scholar

³⁵ Thorpe, , Constitutions, 5:2910–12; for an eloquent statement on the need for federal aid to public schools, see “Report of the Committee on Public Lands” of the House of Representatives published in Barnard's American Journal of Education 28(1878): 939–45.Google Scholar

³⁶ Report of Proceedings, Michigan, 1850, 548; Illinois delegate quoted in Cole, Arthur C., ed., The Constitutional Debates of 1847 (Springfield, Ill., 1919), 901; for an illuminating discussion of how children encountered republican ideology in schools, see Baker, Jean H., Affairs of Party: The Political Culture of Northern Democrats in the Mid-Nineteenth Century (Ithaca, N.Y., 1983), ch. 2; see also Kaestle, Carl F., “Conflict and Consensus Revisited: Notes toward a Reinterpretation of American Educational History,” Harvard Educational Review 46 (Aug. 1976):390–96; Kaestle, , Pillars, 148–58 discusses localist opposition to centralization.Google Scholar

³⁷ See enabling act in Thorpe, , ed., Constitutions, 5: 2291 for states admitted in 1889; Michaelson, Robert, Piety in the Public School: Trends and Issues in the Relationship between Religion and the Public School in the United States (New York, 1970).Google Scholar

³⁸ A fascinating example of borrowing from northern states, particularly Massachusetts, in the Reconstruction conventions occurred in South Carolina in 1868; see Proceedings of the Constitutional Convention of South Carolina, Held at Charleston, S.C., Beginning January 14th and Ending March 17th, 1868 (Charleston, 1868), 2: 707, 690, 692, 706, 747; Lide, Edwin S., Constitutional Basis of Public School Education, U.S. Office of Education, Leaflet No. 40, July 1931 (Washington, D.C., 1931).Google Scholar

³⁹ On regional differences and timing of institutionalization see Richardson, John G., “Settlement Patterns and the Governing Structures of Nineteenth-Century School Systems,” American Journal of Education 92 (Feb. 1984):178–206 and “The American States and the Age of School Systems,” ibid. (Aug. 1984): 473–502; “Variation in Date in Enactment of Compulsory School Attendance Laws: An Empirical Inquiry,” Sociology of Education 53 (1980):153–63.CrossRefGoogle Scholar

⁴⁰ Tyack, David, The One Best System: A History of American Urban Education (Cambridge, Mass., 1974).CrossRefGoogle Scholar

⁴¹ Kaestle, , Pillars, 113–16; Matzen, , Constitutional Provisions, chs. 2–4.Google Scholar

⁴² Matzen, , Constitutional Provisions, ch. 3; National Education Association, Studies in State Educational Administration, No. 9 (Washington, D.C., 1931), 5–6.Google Scholar

⁴³ Tyack, David and Benavot, Aaron, “Courts and Public Schools: Educational Litigation in Historical Perspective,” Law and Society Review, forthcoming.Google Scholar

⁴⁴ Keller, , Affairs of State, 110–14, 319–45, 473–80; Alexander, Uhlman S., Special legislation Affecting Public Schools (New York, 1929).Google Scholar

⁴⁵ A rich study of decision making at the local level in rural districts is Fuller, Wayne E., The Old Country Schools: The Story of Rural Education in the Middle West (Chicago, 1982); on regulation in one city system, see Tyack, David, “Bureaucracy and the Common School: The Example of Portland, Oregon, 1851–1913,” American Quarterly 19 (Fall 1967):475–98.CrossRefGoogle Scholar

⁴⁶ Tyack, and Benavot, , “Litigation.” Google Scholar

⁴⁷ Blodgett, , Education, introduction; Jorgensen, , Wisconsin, 146–48; Morgan Kousser, J., “Separate but Not Equal: The Supreme Court's First Decision on Racial Discrimination in Schools,” Journal of Southern History 46 (Feb. 1980):17–44.CrossRefGoogle Scholar

⁴⁸ Stuart v. School District No. 1, 30 Michigan 69 (1874); Hamilton, Otto T., The Courts and the Curriculum (New York, 1927), ch. 2.Google Scholar

⁴⁹ Edmondson, James B., The Legal and Constitutional Basis of a State School System (Bloomington, Ill., 1926); Wyman, Roger E., “Wisconsin Ethnic Groups and the Election of 1890,” Wisconsin Magazine of History 51 (Summer 1968):269–93.Google Scholar

⁵⁰ There are many ways to approach the topics we have suggested here. These are some preliminary forays: on the work of urban educators as leaders at the state level—James, Thomas, “State Constitution-Making and Educational Policy in Nineteenth Century America: The Case of California,” paper presented at the Organization of American Historians, Minneapolis, April 20, 1985; on moral reform legislation—Tyack, David and James, Thomas, “Moral Majorities and the School Curriculum: Historical Perspectives on the Legalization of Virtue,” Teachers College Record, 86 (1985): 513–37; on the relation between state legislation and professionalization—Gilb, Corinne L., Hidden Hierarchies: The Professions and Government (New York, 1966); on state legal issues concerning race—Wollenberg, , Segregation; Hendricks, , Non-Whites; Tyack, David and Lowe, Robert, “The Constitutional Moment: Reconstruction and Black Education in the South,” American journal of Education, forthcoming.CrossRefGoogle Scholar