S. Constitutional Ideas of the Founding Era

The seminar aims to understand the ideas and intellectual framework that gave rise to the U.S. Constitution and thereby, more generally, to consider the role of law in American society. Although this will be relevant for understanding the Constitution and its meaning, the main focus of the seminar will be on broader questions about the nature of early American society and its law. The topics discussed will include theories of liberty and legal obligation, revolution, types of constitutions, the drafting of constitutions, judicial review, the freedom of the press, religion and religious liberty, and slavery. The readings will consist of a wide range of contemporary sources, including eighteenth-century newspapers, letters, sermons, poems, philosophic tracts, court cases, and debates.

This seminar is open to all types of students, and there are no prerequisites. Grading will be based on an in-class exam and class participation (including, possibly, oral presentations).