Results for Constitution

Are the people responsible for the American Revolution demigods or devils? What did they really believe, and what would they think of the United States today? The answers to these questions have been fraught - yet important - since the Revolution. This course explores the many ways in which the memory of the Revolution has been interpreted, appropriated, and remixed. We will explore the politics of memory, interrogate America's relationship to its founding, and study rhetoric from across the political spectrum - from abolitionists to fascists to Hamilton and beyond.

This course addresses U.S. constitutional history from the post-Civil War Reconstruction period through the mid-20th century. Because of the breadth of the subject matter, the view will necessarily be partial. In particular we will take as our focus the way the Constitution has provided a point of political mobilization for social movements challenging economic and social inequality. Topics covered include: Civil War Reconstruction and restoration; the rise of corporate capitalism and efforts to constrain it; Progressive Era regulation; the New Deal challenge to federalism and the anti-New Deal backlash; government spending; WWII and the Japanese Internment; the Civil Rights Era, and the War on Poverty. Readings will include both legal and historical materials with a focus on the relationship between law and society. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper. Paper extensions will be granted with instructor permission. No automatic grading penalty for late papers. Cross-listed with the Law School (LAW 7008),

This class will examine a variety of ways that the city has been represented and understood in anthropology, architecture, literature, film, and journalism in order to better understand how everyday life and experience has been read in conjunction with urban forms. Issues covered will include the co-constitution of space and identities; consumption, spectacle, and economic disparity; transportation and health; colonialism and post-colonialism. Assignments will include writing and drawing projects based on close observation and reading.

Most people agree that democracy is a good thing, but do we agree on what democracy is? This course will examine the concept of democracy in political philosophy. We will address the following questions: What reason(s), if any, do we have for valuing democracy? What does it mean to treat people as political equals? When does a group of individuals constitute "a people," and how can a people make genuinely collective decisions? Can democracy really be compatible with social inequality? With an entrenched constitution? With representation?

This is a class about American economic policy, with an emphasis on the U.S. federal budget: government spending, taxes, deficits, and debt. We will examine decisions faced by elected officials and their advisors in the real world. These decisions are made at the messy intersection of economic theory, numbers and accounting, other policy considerations, the Constitution & the law, politics and communications, and the real-world challenges of practical governance. This class is for beginners and assumes you have no prior knowledge of policy or politics.

Are the people responsible for the American Revolution demigods or devils? What did they really believe, and what would they think of the United States today? The answers to these questions have been fraught - yet important - since the Revolution. This course explores the many ways in which the memory of the Revolution has been interpreted, appropriated, and remixed. We will explore the politics of memory, interrogate America's relationship to its founding, and study rhetoric from across the political spectrum - from abolitionists to fascists to Hamilton and beyond.

The course begins with readings setting forth the intellectual and experiential background of the framing, including common law and natural rights theory, republicanism, economic & political scientific ideas, and colonial and post-Independence experience. We then study large parts of the debates at the Constitutional Convention, primarily using Madison's Notes. Major topics are the principle of representation, the extent and enumeration of national powers, the construction of the executive and judicial branches, and slavery. Next come the ratification debates, including readings from antifederalist writers, The Federalist, and speeches in ratification conventions. We conclude with the addition of the Bill of Rights. Classes consist of a combination of lecture and extensive participation by students. Elements used in grading: Class participation, final exam, supplemented by short take-home essay. Cross-listed with the Law School (LAW 7017).

This course addresses U.S. constitutional history from the post-Civil War Reconstruction period through the mid-20th century. Because of the breadth of the subject matter, the view will necessarily be partial. In particular we will take as our focus the way the Constitution has provided a point of political mobilization for social movements challenging economic and social inequality. Topics covered include: Civil War Reconstruction and restoration; the rise of corporate capitalism and efforts to constrain it; Progressive Era regulation; the New Deal challenge to federalism and the anti-New Deal backlash; government spending; WWII and the Japanese Internment; the Civil Rights Era, and the War on Poverty. Readings will include both legal and historical materials with a focus on the relationship between law and society. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper. Paper extensions will be granted with instructor permission. No automatic grading penalty for late papers. Cross-listed with the Law School (LAW 7008),

Except for the Bible no text has been the subject of as much modern interpretive scrutiny as the United States Constitution. This course explores both the historical dimensions of its creation as well as the meaning such knowledge should bring to bear on its subsequent interpretation. In light of the modern obsession with the document's "original meaning," this course will explore the intersections of history, law, and textual meaning to probe what an "original" interpretation of the Constitution looks like.

Except for the Bible no text has been the subject of as much modern interpretive scrutiny as the United States Constitution. This course explores both the historical dimensions of its creation as well as the meaning such knowledge should bring to bear on its subsequent interpretation. In light of the modern obsession with the document's "original meaning," this course will explore the intersections of history, law, and textual meaning to probe what an "original" interpretation of the Constitution looks like.

This course examines how the law can be used to improve the public's health. The broad questions explored are: what authority does the government have to regulate in the interest of public health? How are individual rights balanced against this authority? What are the benefits and pitfalls of using laws and litigation to achieve public health goals? The course investigates these questions as they operate in a range of specific contexts, including preventing and controlling infectious diseases; preventing obesity; reducing tobacco use; ensuring access to medical care; reducing firearm injuries; addressing the opioid epidemic; and responding to public health emergencies like COVID-19. In examining these contexts, we will ask and answer questions such as, what do the Constitution and key statutes permit? What makes a good public health law? Where do we see success stories--and failures--in public health law? What ethical and economic arguments justify government intervention to shape individuals' and companies' health-related behaviors? Instruction is through interactive lectures with a significant amount of class discussion and some group exercises. Class Participation, Written Assignments, Final Exam. This class is limited to 30 students, with an effort made to have students from SLS (25 students by lottery) and 5 non-law students by consent of the instructor. Cross-listed with Medicine (MED 237).

This seminar provides an in depth look at modern government surveillance law, policies and practices. It is taught by Richard Salgado, formerly director of law enforcement and information security at Google and a prosecutor at the U.S. Department of Justice's Computer Crime and Intellectual Property Section. We will focus on U.S. government signals collection for national security, intelligence gathering, espionage, criminal law enforcement and public safety purposes, and will address transnational implications. Technologies and practices we will cover include wiretapping, stored data collection and mining, location tracking, encryption and developing eavesdropping techniques. We will explore how government surveillance is permitted, prohibited or controlled by the U.S. Constitution, including the Fourth Amendment, and laws such as the Foreign Intelligence Surveillance Act, the USA Freedom Act, the Patriot Act, the Electronic Communications Privacy Act, the CLOUD Act, and CALEA. We will also look at the role of executive orders and laws outside the United States. No technical expertise is required. Elements used in grading: Two papers, timely submission of topics and outlines, and class participation.

In recent years, the use of ballot measures has sharply risen, and initiatives and referenda have featured prominently in contested debates over immigration, affirmative action, abortion, same sex marriage and term limits. In the wake of the Dobbs decision on abortion, controversies about ballot measures have become especially salient in many states. This seminar will focus on direct democracy as a method of lawmaking. Our principal focus will be on initiatives and referenda, but we will allocate some time to the recall, as well. We will consider the history, practice, theoretical justifications, and constitutional dimensions of direct democracy, as well as how direct democracy interacts with representative democracy. We will also explore many legal questions that have arisen as ballot measures have been used as instruments of governance and policy. Topics will include whether direct democracy comports with the federal constitution; judicial review and interpretation of ballot measures; minority rights under direct democracy; election rules relating to signature gathering, qualifying ballot measures and campaign finance; attempts to make it more difficult for voters to qualify and pass ballot measures; and the role of interest groups. Each student will briefly present on one particular ballot measure that is linked to that week's topics. Students will write either multiple response papers or a final research paper (for R credit) on a topic to be worked out with the instructor. Special Instructions: After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students taking the seminar for R credit can take the seminar for either 2 or 3 units, depending on the paper length. Elements used in grading: Class participation, assignments, multiple response papers or a final paper.

This course addresses U.S. constitutional history from the post-Civil War Reconstruction period through the mid-20th century. Because of the breadth of the subject matter, the view will necessarily be partial. In particular we will take as our focus the way the Constitution has provided a point of political mobilization for social movements challenging economic and social inequality. Topics covered include: Civil War Reconstruction and restoration; the rise of corporate capitalism and efforts to constrain it; Progressive Era regulation; the New Deal challenge to federalism and the anti-New Deal backlash; government spending; WWII and the Japanese Internment; the Civil Rights Era, and the War on Poverty. Readings will include both legal and historical materials with a focus on the relationship between law and society. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper. Paper extensions will be granted with instructor permission. No automatic grading penalty for late papers. Cross-listed with American Studies (AMSTUD 155) and History (HISTORY 155).

The Fourteenth Amendment is the source of many of the rights that have been cherished by many people throughout our nation. Rights pertaining to sex and reproduction, marriage, parenthood, abortion, birth control, educational opportunity, sex discrimination, race discrimination and many more all are rooted in the 14th Amendment. In recent years, the Supreme Court has reshaped significant aspects of 14th Amendment doctrine, and accorded ever more importance to historical understandings in interpreting and applying the Constitution to contemporary society. Recent decisions have prompted considerable controversy and highlight enduring questions about the relation (or distinction) between law and politics in constitutional interpretation. This course will examine the development of 14th Amendment doctrine, with special attention paid to equal protection and substantive due process. We will examine many contested constitutional questions, including same sex marriage and gender identity, race-based affirmative action in school admissions, and abortion and birth control, among many other topics. These constitutional controversies, in turn, raise broad questions about the meaning of citizenship, freedom, and equality, the very concerns that prompted the adoption of the 14th Amendment. Readings will include judicial opinions and some scholarly commentary. In this polarized time, it is important to note that the professor will not privilege any particular view of how the relevant controversies should be resolved. Indeed, our focus will be more on the processes and principles of constitutional decision-making than the outcomes reached by the Court. Students should be prepared to articulate and engage empathetically with arguments and perspectives that are different from their own. Class discussion will be supplemented with group exercises of various sorts. Elements used in grading: Class participation and written exam.

The course begins with readings setting forth the intellectual and experiential background of the framing, including common law and natural rights theory, republicanism, economic & political scientific ideas, and colonial and post-Independence experience. We then study large parts of the debates at the Constitutional Convention, primarily using Madison's Notes. Major topics are the principle of representation, the extent and enumeration of national powers, the construction of the executive and judicial branches, and slavery. Next come the ratification debates, including readings from antifederalist writers, The Federalist, and speeches in ratification conventions. We conclude with the addition of the Bill of Rights. Classes consist of a combination of lecture and extensive participation by students. Elements used in grading: Class participation, in-person closed book final exam, short-answer answer, supplemented by a short (500 word) essay question. Cross-listed with History (HISTORY 153).

The contemporary debate over the proper role of a federal judge under the Constitution turns, in large measure, on what it is we think an Article III judge is doing when she is called upon to resolve a "case or controversy." Is she looking for the fair result? If so, by whose lights? Is she a political actor, or is she instead looking for a rule of decision that has been previously established by law (a "mere translator" of the law, in Justice Frankfurter's words). If so, by natural law or positive law? These are some of the questions we will consider in discussing what role a federal judge plays when she exercises "the judicial Power of the United States" conferred by Article III of the Constitution. Elements used in grading: Attendance, class participation, and final paper. Interested SLS students should complete and submit an S-Term Course Selection Form 2023 available at https://law.stanford.edu/education/s-term/) by April 25, 2023. Forms received after the deadline will be processed on a rolling basis until the class is full. S-Term early start for Autumn Quarter. Class meets 1:30PM-4:30PM on September 11 and 1:30PM-4:00PM on September 12, 13, 14, 15, 18, & 19.

Except for the Bible no text has been the subject of as much modern interpretive scrutiny as the United States Constitution. This course explores both the historical dimensions of its creation as well as the meaning such knowledge should bring to bear on its subsequent interpretation. In light of the modern obsession with the document's "original meaning," this course will explore the intersections of history, law, and textual meaning to probe what an "original" interpretation of the Constitution looks like. Elements used in grading: Class Participation, Response Papers, Research Paper. Cross-listed with History (HISTORY 252/352). Enrollment is on a first-come, first-served basis (limited to five SLS students). If you are unable to enroll in the class in Axess, please contact the instructor for availability.

This course, taught for the second time, will address the full range of issues involving executive power under the U.S. Constitution, including the process of election, foreign affairs (including control of foreign relations, command of the military, and control over national security, surveillance, and the like), authority of the President over executive agencies (including the power of removal and the duty to enforce the law), congressional oversight and executive privilege, executive statutory and constitutional interpretation, the budget process, and civil and criminal litigation against the president. The course will begin with an overview of the development of Article II at the Constitutional Convention, based in part on the instructor's recent book, THE PRESIDENT WHO WOULD NOT BE KING (Princeton Univ. Press 2020). Each topic will include historical context, relevant Supreme Court and lower court opinions, legal materials and commentary from outside the courts, and discussion of recent controversies. Grading will be based on class participation, plus a four-part take-home examination that will be assigned and completed in four segments during the quarter. Cross-listed with Political Science (POLISCI 326).

Most consideration of constitutional law in law school focuses exclusively on the federal constitution. Traditionally, state constitutional law has been a neglected body of law. That may begin to change, as the U.S. Supreme Court makes significant changes to federal constitutional law. We will consider both big-picture questions and many specific areas of law. For example, we will explore a central normative debate about whether state courts interpreting their own state's constitution should follow the approaches to cognate provisions in the federal constitution embraced by the Supreme Court. We will also consider questions about the role of elected judges in constitutional interpretation, and about the processes through which state constitutions are amended. Specific issues we will study include educational equality and school funding; marriage; reproductive rights; race and gender discrimination; criminal justice; election law; and affirmative rights under state constitutions, among others. We will also look at the role of state attorneys general and prosecutors in law reform efforts. I expect to have one or more guest speakers. Special Instructions: After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. The grade will be based on a final exam or research paper, and can be adjusted for participation.

This course examines issues surrounding Cultural and Creative Industries (CCI) in contemporary societies. The course traces the development of cultural and creative industries in both the academic field and the industry world. Using cultural studies theories as the backdrop, the course investigates issues related to the CCI that intersect culture, economy, technology and industry. Unlike typical cultural studies curriculum that emphasizes on critical scholarship in the cultural field, this course incorporates critical curriculum into the areas of business culture and financial management in transnational cultural corporations. The course investigates the marketing aspects of cultural and creative industries both within Asia and Hong Kong. It contains three parts in order to provide comprehensive overview of the CCI field. The course first begins with an introduction of the basic constitution of the CCI in Hong Kong. This understanding of Hong Kong's CCI sets up the main perspective as the course continues to discuss the historical development of cultural and creative industries in other parts of the world. The second section of the course covers important topics relevant to the CCI at the theoretical level. The topics include critical history and definition, cultural and creative industry theories and emerging themes in the CCI. Weekly discussion covers industry issues such as production, consumption, market, place, value chain, informal economy and digital distribution. The course also covers management curriculum as students learn concepts such as creative management, digital disruption, cultural entrepreneurship, technological innovation and strategy planning in social media environment. The third section of the course includes practical case studies, which require students to focus on specific cultural products, commercial art works and performing art shows in Hong Kong, China and Asia. The ultimate goal of this course is to encourage students to develop creative entrepreneurship based upon cultural and industry knowledge learnt in this course. Students are required to present a case analysis of his or her own in the final project to demonstrate the comprehensive learning of the cultural and creative industries in this course. Also enroll in CUHK course# CURE3027. Enrollment limited.

Most people agree that democracy is a good thing, but do we agree on what democracy is? This course will examine the concept of democracy in political philosophy. We will address the following questions: What reason(s), if any, do we have for valuing democracy? What does it mean to treat people as political equals? When does a group of individuals constitute "a people," and how can a people make genuinely collective decisions? Can democracy really be compatible with social inequality? With an entrenched constitution? With representation?

Most people agree that democracy is a good thing, but do we agree on what democracy is? This course will examine the concept of democracy in political philosophy. We will address the following questions: What reason(s), if any, do we have for valuing democracy? What does it mean to treat people as political equals? When does a group of individuals constitute "a people," and how can a people make genuinely collective decisions? Can democracy really be compatible with social inequality? With an entrenched constitution? With representation?

This new course will address the full range of issues involving executive power under the U.S. Constitution, including the process of election (Electoral College; voting disputes, the Electoral Count Act), impeachment, foreign affairs (including control of foreign relations, command of the military, and control over national security, surveillance, and the like), authority of the President over executive agencies (including the power of removal and the duty to enforce the law), prosecution, pardon power, congressional oversight and executive privilege, executive statutory and constitutional interpretation, the budget process, litigation against the executive, and the role of the Office of Legal Counsel. The course will begin with an overview of the development of Article II at the Constitutional Convention, based in part on the instructor's recent book, THE PRESIDENT WHO WOULD NOT BE KING (Princeton Univ. Press 2020). Each topic will include historical context, relevant Supreme Court and lower court opinions, legal materials and commentary from outside the courts, and discussion of recent controversies. Class will be a combination of lecture and class discussion. The latter will be partly free-form, partly based on targeted questions from the instructor, and partly based on mini-debates. For grading, students will have the option of an open-book take-home exam and a 30-35 page research paper on a topic pre-approved by the instructor. Elements used in grading: Attendance, Class Participation, Exam or Final Paper.

The focus of this course is on the mutual constitution of mind, culture, and society. Through classic and current readings, we will examine: 1) how psychological experience takes on structure and substance in a mutually constitutive relationship with the historical, sociocultural and economic contexts of people's lives; and 2) how socioculturally-shaped individuals shape the contexts of their lives. The course emphasizes the sociocultural contexts of national origin, race, social class, and gender in the U.S. It also addresses the question of how to create diverse communities, in particular how the principles of sociocultural psychology can help in the design and management of such communities.

This class will examine a variety of ways that the city has been represented and understood in anthropology, architecture, literature, film, and journalism in order to better understand how everyday life and experience has been read in conjunction with urban forms. Issues covered will include the co-constitution of space and identities; consumption, spectacle, and economic disparity; transportation and health; colonialism and post-colonialism. Assignments will include writing and drawing projects based on close observation and reading.