Constitutional Controversy in the Public Arena (765-1)
Instructors
Jason C DeSanto
312/503-2651
McCormick 198
Meeting Info
Levy Mayer 101: Thurs, Fri 1:30PM - 2:55PM
Overview of class
Judge Learned Hand famously once remarked: "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can even do much to help it. While it lies there, it needs no constitution, no law, no court to save it."
To be sure, Hand was hopeful that a fierce commitment to liberty - along with a constellation of other critical constitutional values -- did course within the American people, reflecting and cementing the protections provided under law. But if Hand's optimism was (and is) well-placed, it bears asking: How have these constitutional values been forged within American hearts, minds, and culture? How have public conversations, discussions, and debates about the meaning of the United States Constitution unfolded? And what might those exchanges, located in our past, reveal about how Americans view the Constitution's guarantees within their own lives today?
This course, focused on American public constitutional discourse, will address these questions. Specifically, we will assess and compare the public persuasion dimensions of an eclectic series of constitutional controversies. Fusing legal history, rhetorical criticism, communication research, political science, and constitutional theory, we will analyze the public arguments advanced by advocates during these episodes, the methods used to do so, and their success or failure with key public audiences.
We will also investigate the discursive manner by which Americans - in print and at the podium, and across legislative hearing rooms, law school classrooms, and family living rooms -- have built a constitutional culture, and the degree to which that public culture: (a) informs individual and community expectations regarding freedom, democracy, and equality; (b) reinforces core constitutional precepts of rights, judicial legitimacy, institutional balance, and the rule of law; and (c) reflects, invites, and shapes the exercise of citizenship.
Learning Objectives
Students will achieve the following learning objectives: (1) understand the dueling public arguments, and key methods of communication, characterizing each case study's public constitutional debate; (2) engage in rhetorical criticism of the major speeches, movements, and arguments comprising these episodes; (3) develop insights into how public appeals recur, change, and adapt across U.S. constitutional history, and how skillful public advocates draw on prior debates to prevail in new ones; (4) assess the manner in which public debates, key texts, social movements, and rhetorical framings reflect and affect public understanding of the Constitution; and (5) develop insights into contemporary constitutional controversies, including elements of effective public advocacy regarding American law.
Evaluation Method
This course will operate in a part-lecture, part-discussion format. Evaluation will be based 40% on a 15-page final course paper, 25% on a group project focused on a contemporary constitutional controversy, and 35% on class engagement.
Class Attributes
Public Interest
Enrollment Requirements
Enrollment Requirements: MSL Students are not eligible to enroll