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所在平台: Coursera |
课程主页: https://www.coursera.org/learn/chemerinsky-on-constitutional-law-structure-of-government
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课程名称:Chemerinsky的宪法法学 - 政府结构 课程概述:本课程将重点讲解美国宪法的构建和解读历程。学员将了解宪法背后的历史、形成的重要判例以及解读的变化如何受到文化、政治气候和最高法院组成的影响。课程将从宪法的整体概述开始,探讨“为什么有宪法?”和“宪法起到什么作用?”等问题。接着分析宪法及其后续解释如何确立联邦、立法和司法机关的权力,以及如何将权力分配给各州。 加入我们,探索宪法提出和解答的问题! 课程结束时,学员应能够: - 描述美国政府的结构如何受到宪法文本及政治参与者在各政府部门的实践和解释的影响 - 通过引用示例和历史背景,说明宪法中的妥协 - 阐明重要案件(如Marbury v. Madison, McCullough v. Maryland, Lochner v. New York)的重要性 - 解释案件结果如何依赖于当时的文化和政治气候以及法院组成,通过引用特定案例和法院的法理发展变化 - 评估不同宪法解释和分析方法的相对适用性 课程大纲: 1. 欢迎 - 开始学习 2. 讲座1 - 为什么有宪法? - 探讨宪法的功能及为何以书面形式存在 3. 讲座2 - 联邦司法权 - 讨论司法审查的权威及其重要性 4. 讲座3 - 联邦立法权 - 研究McCullough v. Maryland如何塑造立法权的三个主要问题 5. 讲座4 - 联邦执行权 - 探讨总统在何种情况下可以在没有明确宪法或国会授权的情况下采取行动 6. 讲座5 - 联邦主义 - 考虑州权力受联邦政府限制的两种重要方式:优先权和沉默的商业条款 7. 结论 - 感谢大家的参与,课程到此结束。
Name:Welcome - Let's Get Started
Description:
Name:Lecture 1 - Why the Constitution?
Description:In this module, we'll examine two facets of the critical question, "Why the Constitution?" First we'll answer the question, "what functions does the Constitution perform?" We'll then consider the question, "why achieve these functions in the form of a written Constitution?"
Name:Lecture 2 - The Federal Judicial Power
Description:What is the authority of judicial review? Why is it important? If the federal judiciary can declare a statute or action unconstitutional, what checks are there on this power? These are several of the questions we will endeavor to answer in this module.
Name:Lecture 3 - The Federal Legislative Power
Description:In this module we will consider three major questions: 1.How did McCullough vs. Maryland shape the power of the legislature? 2. What are the major powers of the Congress under the Constitution? 3. To what extent do states limit the power of the Congress?
Name:Lecture 4 - The Federal Executive Power
Description:The central questions in this module are: 1. When can a president act without express Constitutional or Congressional authority? 2. What are the Constitutional problems posed by the federal administrative agencies? 3. What is the authority of the President with regard to foreign policy?
Name:Lecture 5 - Federalism
Description:The goal of this module is to consider two important ways that the power of states are kept in check by the federal government: preemption and the dormant commerce clause.
Name:Conclusion
Description:As the course draws to a final close, we would like to thank you for your participation.
This course will highlight the construction and interpretation of the U.S. Constitution through the centuries. You'll learn the history behind the Constitution, cases that formed important precedent, and how changes in interpretation have been dependent on shifts in cultural and political climate as well as the composition of the Supreme Court. We'll start with an overview of the Constitution where we'll consider questions such as "Why the Constitution?" and "What function does the Constitution serve?" Next we'll examine how the Constitution and its subsequent interpretation established the powers of the federal, legislative, and judicial branches of government and allocated powers to the states. Join me as we look at the questions both raised and answered by the Constitution and those that interpret it! By the end of this course, you should be able to: - Describe how the structure of the United States government has been shaped by both the text of the Constitution and by subsequent interpretation and practice of political actors in all branches of government - Illustrate compromises found in the Constitution by citing examples and historic background - Articulate the importance of key cases such as Marbury v. Madison, McCullough v. Maryland, and Lochner v. New York - Explain how the outcome of cases is often dependent upon the current cultural and political climate as well as the composition of the court by citing particular cases and important shifts in the court's jurisprudence - Assess the relative suitability of various approaches to constitutional interpretation and analysis