JUNIATA COLLEGE
PS 320
TPJ: Foundations of American Constitutionalism
Fall, 2008
2:30-3:50 TTh
Good 320
Jack Barlow
Good 315
641-3651
Course Description
This course will examine the political and philosophic background of the American
Revolution and the framing of the U.S. Constitution in the developing doctrines of liberal
constitutionalism. Questions of the ends and powers of government and the rights of individuals
will receive particular attention.
Course Objectives
The general objective of the course is to provide the foundation in modern political
thought that is necessary to a sophisticated understanding of contemporary constitutional issues.
In addition, students will gain a knowledge of the political and philosophical orientation of the
framers of the U.S. Constitution. Students will also develop a more thorough understanding of
the fundamental ideas that shape our constitutional thinking, including majority rule, minority
rights, federalism, republicanism, and "higher" law.
Required Texts
Cicero, Marcus Tullius, De Officiis, edd. Griffin and Atkins (Cambridge).
Hamilton, Alexander, James Madison, and John Jay, The Federalist Papers, ed. Rossiter, intro
Kesler (Mentor).
Locke, John, Two Treatises of Government, ed. Laslett (Cambridge).
McIlwain, Charles Howard, Constitutionalism: Ancient and Modern (Liberty Fund).
Montesquieu, Baron Charles, The Spirit of the Laws, tr. and ed., Cohler, et al. (Cambridge).
Morgan, Edmund S., ed., Puritan Political Ideas, 1558-1794 (Hackett).
Storing, Herbert J., ed., The Anti-Federalist (Chicago).
Course Requirements
(1) Participation. Students are expected to attend each class having read the assigned
material and prepared to participate in the class discussion. Each student will be asked to come
prepared with an issue, question, or topic to spark our discussions at least once during the
semester. We will work out a schedule for this in class. Because the last portion of the course
will be devoted to independent research, preparation for and participation in the discussion
sessions will be particularly important.
(2) Written Assignments. There will be two major written assignments. The first will
address the issue of citizenship in Cicero and Locke. It will be due at the end of the sixth week
of the course.
The second assignment is the final paper, which is to be a significant piece of research,
and is due at the end of the semester. It may be no longer than 20 pages. Students will be asked
to have finalized a topic by the end of the eighth week, and to have completed a tentative outline
and bibliography by the end of the ninth week. Students are REQUIRED to rewrite this paper,
and they will be given the last two weeks of the semester to do so. The first draft is ungraded.
The grade for the final draft will be recorded.
All work submitted should be in proper form according to The Chicago Manual of Style.
(3) Withdrawal from the Course. Withdrawal from the course will be permitted at any
time prior to the final deadline.
(4) Academic Honesty. All work submitted for this course must be the student's own and
prepared specifically for this course. The college's policy on academic honesty is to be followed
without exception. If you have questions about the policy, consult the Pathfinder, or ask me.
Grading
Class participation
Citizenship paper
Final paper
25%
15%
60%
Office Hours
My scheduled office hours will be posted outside my door. If you cannot make it during
scheduled hours, call me at 641-3651 for an appointment, or e-mail me.
Schedule
(Note: Additional readings may be assigned from time to time.)
Week 1:
8/26 – no class
8/28 – no class
Week 2:
9/2 – McIlwain, Constitutionalism
9/4 – Cicero De Officiis book 1
Week 3:
9/9 – Cicero De Officiis books 2 & 3
9/11 – Locke, Second Treatise, chapters 1-5
Week 4:
9/16 – Locke, Second Treatise, chapters 6-9
9/18 – Locke, Second Treatise, chapters 10-14
Week 5:
9/23 – Locke, Second Treatise, chapters 15-17
9/25 – Locke, Second Treatise, chapters 18-19
Week 6:
9/30 – Montesquieu, Spirit of the Laws, books 1-8
10/2 – Montesquieu, Spirit of the Laws, books 9-14
Citizenship papers due
Week 7:
10/7 – fall break
10/9 – Montesquieu, Spirit of the Laws, books 19, 20, 21, 24, 29
Week 8:
10/14 – John Winthrop, “A Model of Christian Charity,” and John Cotton, “On
Church and State” and “On Limitation of Government” in Morgan,
Puritan Political Ideas
10/16 – John Wise, “On the Principles of Government,” and Samuel Langdon,
“Government Corrupted by Vice,” in Morgan, Puritan Political Ideas
Paper topics due
Week 9:
10/21 – The Federalist, papers 1, 2, 6
10/23 – The Federalist, papers 9, 10
Tentative bibliographies due
Week 10:
10/28 – The Federalist, papers 14, 15, 21-23
10/30 – The Federalist, papers 30-31, 35, 37-39
Week 11:
11/4 – The Federalist, papers 47-51
11/6 – The Federalist, papers 62-63, 70, 84-85
Week 12:
11/11 – The Anti-Federalist, “Letters from the Federal Farmer,” pp. 23-101
11/13 – The Anti-Federalist, “Essays of Brutus,” pp 103-197
Week 13:
11/18
11/20 – paper drafts due
Week 14:
11/25
11/27 – Thanksgiving break
Week 15:
12/2 – paper drafts returned
12/4
Week 16:
12/9
Final papers due on the day scheduled for the final exam.