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所在平台: Coursera |
课程主页: https://www.coursera.org/learn/unwritten-constitution
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课程名称：美国的未写宪法 课程概述：本课程旨在介绍宪法解释的基本技巧和方法。通过13个模块，阿基尔·阿马尔教授将教您如何超越美国宪法的文本，同时仍保持对其忠诚。 课程大纲： 1. **介绍**：课程开篇，教授介绍了宪法解释的基本工具和技巧，鼓励学员观看介绍视频并阅读课程信息。 2. **听从条款**：通过关注宪法制定时国家面临的问题，帮助学员更好地理解宪法。 3. **字里行间**：教授隐性信息的解释技术，提取文本中未明确说明的内容。 4. **倾听人民**：探讨那些虽然未在宪法文本中明确列出，但因美国人的日常生活而被认定为基本权利的权利。 5. **直面现代案例法**：深入分析沃伦领导下的最高法院及其裁决如何影响美国社会。 6. **将先例放在适当的位置**：讨论法院如何运用以往裁决来理解宪法，以及在认为先前决定错误时的应对方法。 7. **铭记偶像**：考察影响宪法理解的重要文献，如《独立宣言》、《联邦党人文集》等。 8. **铭记女性**：探索第19修正案通过后美国社会的深刻变化，以及与其直接或间接相关的立法。 9. **效仿华盛顿的领导**：分析乔治·华盛顿在总统期间的行为如何为行政办公室设立了先例。 10. **解读政府实践**：研究宪法各政府分支如何通过灵活性相互作用，并讨论为填补程序“空白”而设立的先例。 11. **加入政党**：回顾美国两党制的形成与演变，以及宪法如何适应这一制度。 12. **做正确的事**：讨论良知在政府中的角色，以及人类因素与文本之间的互动。 13. **展望未来**：探讨宪法在未来25、50或100年内的可能变化，讨论“宪法轨迹”和未来立法者的作用。 **附加内容档案**：包含与评估材料无关但有趣且富有启发性的视频，鼓励学习者观看并在讨论论坛中交流。 **结论**：阿马尔教授总结课程中学到的概念，并表达对学员的期望，感谢他们的时间和努力。
Name:Introduction
Description:Hello everyone and welcome to America’s Unwritten Constitution! This course is designed to teach you some of the basic tool and techniques for constitutional interpretation. Over the next 13 modules, Professor Akhil Amar will teach you how to go beyond the text of the U.S. Constitution, while still remaining faithful to it. Please, take some time to watch the two introductory videos and read through some of the course information below. Enjoy!
Name:Heeding the Deed
Description:Heeding the Deed, refers to the technique of understanding the Constitution further by looking at issues the nation was dealing with at the time of the passage's adoption. Another way to say this could be; putting yourself in the framer's shoes.
Name:Reading Between the Lines
Description:This module teaches the interpretive technique of reading between the lines. This involves extracting, from the text, things that are implicit, but not expressly stated.
Name:Hearing the People
Description:In this module, we explore a number of unenumerated rights that exist simply because Americans embody these rights in their everyday lives. Owning pets, using contraception, testifying at one’s own trial, none of these are explicitly mentioned in the text of the Constitution, yet today, they are recognized as protected fundamental rights. Professor Amar explains why.
Name:Confronting Modern Case Law
Description:The "Confronting Modern Case Law" lectures take a closer look at the Warren-lead Supreme Court. Spanning from 1953 to 1969, his court decided many of the most influential cases is U.S. history. Brown v. Board of Education, Miranda v. Arizona, Griswold v. Connecticut to name a few. Professor Amar, will discuss how the court arrived at their decisions, how these rulings changed American society at the time and how they are still affecting it today.
Name:Putting Precedent in its Place
Description:Professor Amar discusses the role that precedent—that is, prior court decisions—plays in our understanding of the document. He will answer questions about how far courts should go when interpreting the Constitution, and what courts might do when they believe that a prior decision was incorrect.
Name:Honoring the Icons
Description:Here we'll examine documents outside of the Constitution that influence our understanding of the founding text—things like the Declaration of Independence, The Federalist papers, Lincoln’s Gettysburg Address, and Martin Luther King’s I Have a Dream speech. Professor Amar will explain how these sources have offered meaning and guidance in constitutional interpretation.
Name:Remembering the Ladies
Description:These lectures explore the profound changes American society underwent immediately following the ratification of the 19th amendment. The reverberations of women's enfranchisement are still being strongly felt today. Prof. Amar will highlight some legislation, he believes, directly or indirectly owe their existence to the 19th amendment.
Name:Following Washington's Lead
Description:Undoubtedly, the figure who looms largest in U.S. political history is George Washington. His actions before, during, and after the Presidency set precedents for the executive office which are still observed today. Prof. Amar will explain why Article II of the Constitution was custom written for our first president.
Name:Interpreting Government Practices
Description:This module delves into how the actual structure of each government branch inherently effects their interactions with one another. The framers purposefully under-specified sections of the Constitution, leaving room for flexibility. They rightly assumed future law makers would fill these “gaps” in procedure as need arose. Indeed they have, each time a gap is discovered and bridged, a new precedent is set. Professor Amar will highlight several examples of these powers-set-by-precendent, for each branch of government
Name:Joining the Party
Description:In this module, Prof. Amar chronicles the adoption and evolution of the two party system in America. You'll learn which framers founded each party and how the creation of the parties caused great friction in government. The lectures go on to explain how the Constitution changed to accommodate the two party system and how these changes have made to the two party system inextricably codified into the Document.
Name:Doing the Right Thing
Description:This module discusses the role of conscience in government. It is important for us to remember, the Constitution did not implement itself. It was implemented by human beings with minds, hearts, and consciences. Understanding the interaction between these “human elements” and the text is fundamental to proper interpretation of the Constitution. We’ll go over several codified manifestations of the "human element" in the Constitution, such as the veto and juror nullification.
Name:Envisioning the Future
Description:In the course’s final lectures, we’ll look to the future and ask, "what will the constitution look like in 25 years? 50 years? 100?" Might we soon see an amendment allowing for a foreign born president? Or the dissolution of the Electoral College? Prof. Amar will discuss the idea of "constitutional trajectory," and the factors which affect it. We’ll go over how today’s legislators can be looked at as "framers of the future.” Which will lead to the very interesting topic of “sunrise legislation."
Name:Bonus Content Archive
Description:This content is not tied to the assessment materials in any way but it is interesting, entertaining, and informative nonetheless. We encourage all learners to take some time to watch these videos and post about them in the discussion forums!
Name:Conclusion
Description: Prof. Amar recapitulate concepts learned in this course and discuss his hopes for you all; the matriculants of America’s Unwritten Constitution. We sincerely hope you all have enjoyed the course and learned something along the way! Thank you so much for your time and effort.
An introduction to basic techniques of constitutional interpretation.
