Course Description
Exploration of the theory that lies behind the American Constitution and its interpretation in judicial decisions.
Additional Requirements for Graduate Students:
Graduate law students will not be doing any extra work beyond
that required of the Juris Doctor students. J.D. students are
post-baccalaureate students and the workload expected of them is
the same workload expected of post-baccalaureate graduate
students.
Athena Title
CONSTL THEORY
Undergraduate Prerequisite
JURI 4180/6180
Graduate Prerequisite
JURI 4180/6180
Grading System
A - F (Traditional)
Course Objectives
To familiarize students with major themes that drove the creation of American Constitution; with lessons to be gleaned from the founding period with respect to the Constitution’s meaning; and with the various methodologies of interpretation that courts have brought to the decision of actual constitutional cases.
Topical Outline
1. The text, structure and key elements of the Constitution 2. The Constitutional Convention and the nature of the discussions, compromises, and actions it produced 3. The ratification process and key points of controversy at the ratification conventions 4. The thinking of “antifederalist” opponents of the Constitution 5. Key writings of the founding period, including the Federalist Papers 6. The justifications offered for key choices of the framers, including with respect to enhancement of the power of the national government, the separation of powers within that government, federalism, and the definition of rights 7. Lessons to be learned from debates and writings related to the drafting and review of the Constitution, including with respect to current constitutional issues such as the scope of presidential powers, the legitimacy of judicial review, and the breadth of federal legislative authority 8. Alternative modes or styles of constitutional interpretation (e.g., textualism, originalism, representation-reinforcement theory, etc.)