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Week 1:
Foundations and Constitutional Theory
U.S.
Constitution, available online at
https://www.constituteproject.org/constitution/United_States_of_America_1992
(Links to an external site.)Links to an external site.
Where does power
lie in the government created by the Constitution?
Does one branch
appear to be more important than either of the others? Why or why not?
Without
referencing anything more than the constitutional text, what role does it appear
that the Framers had in mind for the Supreme Court in the American governmental
system?
The Federalist
Papers 10, 51, 78, available online at
http://www.let.rug.nl/usa/documents/1786-1800/the-federalist-papers/ (Links to
an external site.)Links to an external site.
Federalist 10
What is the evil
Madison wants to address?
What is his
proposed solution?
How does the
proposed Constitution address this problem?
Federalist 51
What is the evil
against which Hamilton/Madison argues?
What is the
proposed solution?
What role is
envisioned for the Court?
Hamilton/Madison
makes the statement: Ambition must be made to counteract ambition. What did
he mean?
Federalist 78
What is the
difference between will and judgment?
What is the role
that Hamilton envisions for the Court?
Constitutional
Jurisprudence
Justice Antonin
Scalia, Originalism: The Lesser Evil, 57 L. Rev. 849-65 (1988) (find through
Westlaw Next database, using search 57 UCINLR 849 or article title)
Justice William J.
Brennan, Jr., 1985 Georgetown Speech. (Attached in “Files” on
Canvas.)
Put into your own
words — do not use outside sources — the theses of a) originalism and b) the
living Constitution.
Your opinion:
What role should the Court play in our federal system? Explain your answer.
Martha Derthick,
Federalism, from Understanding America: The Anatomy of an Exceptional Nation,
Peter H. Schuck and James Q. Wilson, eds. (New York: Public Affairs, 2008):
121-145 (posted on Canvas, under Files)
How does Derthick
understand the definition of federalism?
What are the key
turning points Derthick identifies in the history of federalism?
Name one new
thing you learned from this essay.Week 1:
Foundations and Constitutional TheoryU.S.
Constitution, available online at
https://www.constituteproject.org/constitution/United_States_of_America_1992
(Links to an external site.)Links to an external site.Where does power
lie in the government created by the Constitution?Does one branch
appear to be more important than either of the others? Why or why not?Without
referencing anything more than the constitutional text, what role does it appear
that the Framers had in mind for the Supreme Court in the American governmental
system?The Federalist
Papers 10, 51, 78, available online at
http://www.let.rug.nl/usa/documents/1786-1800/the-federalist-papers/ (Links to
an external site.)Links to an external site.Federalist 10What is the evil
Madison wants to address?What is his
proposed solution?How does the
proposed Constitution address this problem?Federalist 51What is the evil
against which Hamilton/Madison argues?What is the
proposed solution?What role is
envisioned for the Court?Hamilton/Madison
makes the statement: Ambition must be made to counteract ambition. What did
he mean?Federalist 78What is the
difference between will and judgment?What is the role
that Hamilton envisions for the Court?Constitutional
JurisprudenceJustice Antonin
Scalia, Originalism: The Lesser Evil, 57 L. Rev. 849-65 (1988) (find through
Westlaw Next database, using search 57 UCINLR 849 or article title)Justice William J.
Brennan, Jr., 1985 Georgetown Speech. (Attached in “Files” on
Canvas.)Put into your own
words — do not use outside sources — the theses of a) originalism and b) the
living Constitution.Your opinion:
What role should the Court play in our federal system? Explain your answer.Martha Derthick,
Federalism, from Understanding America: The Anatomy of an Exceptional Nation,
Peter H. Schuck and James Q. Wilson, eds. (New York: Public Affairs, 2008):
121-145 (posted on Canvas, under Files)How does Derthick
understand the definition of federalism?What are the key
turning points Derthick identifies in the history of federalism?Name one new
thing you learned from this essay.

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