This course introduces students to the American Constitution by examining the design, purpose and application of the nation’s supreme legal authority.

The first part of the course will provide students with a brief introduction to the Constitutional Convention. A sophisticated understanding of the Constitution requires an appreciation for the debates that shaped its inception. By examining early controversies, students will develop a more thorough understanding of contemporary issues including due process, federalism, legislative responsibilities and presidential power.

The second part of the course will focus on the federal judiciary and the challenge of Constitutional interpretation. The US Constitution offers few specifics on the powers or structure of the federal judiciary. The court itself was created by an act of Congress on September 24th, 1789. Students will explore the ever-changing role of the federal courts by learning how cases come before the courts, how they move through the judicial system, and what impact these decisions have on the execution of federal power. In addition, students will learn disparate theories of Constitutional interpretation, perspectives on the role of the federal judiciary, and the process by which the Constitution can be amended over time.

The third part of the course will trace the evolution of the Constitutional power in the two centuries since its first implementation. While the overall framework functions largely as the Founders envisioned, there have been some significant changes in the way power is distributed. The principle of judicial review, in conjunction with an activist presidency, has transformed the original balance of power once held by the three branches of government. In addition, events like the Civil War, the Great Depression and the Civil Rights Movement have expanded the traditional role of the federal government to include powers and responsibilities once reserved for the states. Students will come to see the process of constitutional government as a continuous battle between a diffuse set of established powers. Under the administration of the courts, the balance of power shifts in accordance with the amendment process, national emergencies, and occasionally, popular will.
 

Course Syllabus (PDF)

Supplementary Reading Material*

*All Audio Files and Edited Text © Matthew Woessner, Ph.D. 2005

View 'In re Neagle' in a PDF format