In the Declaration of Independence, our founding generation announced our unalienable rights, and further recognized that “to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed.” Soon they would write and ratify a Constitution “to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity.” Finally, they elected President Washington and the first Congress, who would build institutions to actually administer our Constitution.

In short, America’s founding required ideas and institutions—and statesmen and citizen capable of both. It also required an unprecedented era of constitutional conversation among Americans, and between the United States and the world. That is the purpose of this course: pursuing a deeper understanding of our Constitution by studying the intellectual and political debates surrounding its founding, from the original ideas to the original institutions.

Image: United States Capitol (“Federal Capitol”) Floor Plan, Library of Congress

Adam White discusses the Supreme Court in American Law & Politics

Faculty

Adam J. White

Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.

Gary J. Schmitt

Gary J. Schmitt is a senior fellow in the Social, Cultural, and Constitutional Studies program at the American Enterprise Institute (AEI), where he studies issues related to the American presidency, the U.S. constitution and its principles, and American civic life.

Vincent Phillip Muñoz

Vincent Phillip Muñoz is the Tocqueville Professor of Political Science and Concurrent Professor of Law at the University of Notre Dame.

Preview the Syllabus by Week/Session

Readings:

 

Discussion Questions:

  1. What does it mean to possess a natural right? What are inalienable rights?
  2. What does it mean to claim “that all men are created equal”? Equal in what capacity? And what is the relationship between equality and consent as a requirement for just government?

Readings:

  • Tocqueville, Democracy in America, II.I. 1,2,5
    • “The Philosophic Method of the Americans”
    • “The Principal Sources of Beliefs among Democratic Peoples”
    • “How, in the United States, Religion is Able to Make Use of Its Democratic Instincts”
  • Tocqueville, Democracy in America, I.II. 9: “Principal Causes that Tend to Maintain the Democratic Republic in the United States”
    • “Religion Considered as a Political Institution and How It Powerfully Contributes to the Maintenance of a Democratic Republic Among the Americans”
    • “Indirect Influence of Religious Beliefs upon Political Society in the United States”
    • “The Principal Causes That Make Religion Powerful in America”

 

Discussion Questions:

  1. Tocqueville famously claimed that religion is the first of America’s political institutions. What did Tocqueville mean by this?
  2. What role does religion play in a flourishing democracy? What is the proper relationship between church and state and how can this relationship be maintained?

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