The Constitution as Applied Philosophy

McBride Fall 2024

I. Week 1: August 21, 2024 (7:30 to 9:00 PM due to McBride Fall Banquet)

• Ethos, Environment and Ambitions

  • Teaching and Learning with Heart

  • Building Respect, Understanding and Awareness

  • Life, Liberty and the Pursuit of Happiness: our semester as eudaimonia (happiness or better, fulfillment)?

• Topics for Today

  • Group warmup. Describe:

    • the current political climate;

    • features of the upcoming election (candidates, offices, context);

    • stakes and stakeholders;

    • participation;

    • valid resources and data pertaining to an academic understanding of jurisprudence.

  • Modes of Political Expression: Language (literal forms; verbal and written); Artistic (music, poetry, graphic arts, drama/theater); Civil Action (voting, rallies/pro/protest, civil disobedience, lobbying)

  • The boundaries of personal and political interests

• • Articulate formal political organizations: ____ocracies, political parties, organizations. Distinguish organizational forms outside the political realm:  Families, individuals, clubs, religious organizations, tribes, associations, companies …? How do we make the distinctions?

  • Individual Exercise. How am I a political actor? What are my interests and responsibilities?

II. Weeks 2 and 3: August 28 and September 4.

The Text, Context and Subtext.

A. Text: A “preamble”: Understanding a statement of purpose at face value.

B. Text: A review of the mechanics of the Constitution.

Article 1 – Methodology for selecting a legislative body; limited and explicit Legislative Powers; organization/operation/process

Article 2 – Executive powers described, qualifications for office.

Article 3 – Judicial Powers described; qualifications; removal.

Philosophical Underpinnings

A. Human Nature: Concepts of Plato (PEL Ep 40) Aristotle (PEL Ep 5), Rousseau.

B. Society, Power, Government: Locke (PEL 37, Second Treatise of Government) and Montesquieu (PEL 239 Pt1 and Pt2, Spirit of the Laws). Rousseau, Hobbes, Bentham, Smith.

C. Common Sense, Thomas Paine: Lecture

II. Weeks 4 and 5: September 11 and 18

A. Embedding Slavery:

Article 1, Section 2, Clause 3 (3/5ths “compromise”);

Article 1, Section 9, Clause 1 (protecting importation of human property);

Article 4, Section 2, Clause 3 (“fugitive slaves”)

B. Specifying and reserving “rights” and asserting reservation of “powers”:

i. Article 1 (certain rights/limits on powers): Ex Post Facto; Bill of Attainder; Writ of Habeas Corpus

ii. “Bill of Rights”

• • • 1^st Amendment (Religion, Speech, Press, Assembly, Petition)

    • 2^nd Amendment (weapons)

    • 4^th, 5^th, 6^th, 8^th Amendments (rights of accused and convicted)

    • 5^th and 7^th Amendment (property rights)

    • 9^th Amendment: Inherent Rights

    • 10^th Amendment: Inherent Powers

    • 13^th Amendment: Abolish Slavery

    • 14^th Amendment:

      • Define citizenship

      • Recast Federalism

      • Expand definition of rights

      • Address “class” inequality – race

      • Introduce sex inequality (penalties for denying “male inhabitants” the right to vote. 15^th Amendment deals with race/voting rights.

C. Colonialism, Conquest, Otherism, Persons as Property

• • European “Exploration” – a rapid descent to ordered chaos, exploitation, murder, theft and extinction. Columbus and Indigenous Persons (Arawaks)

  • Colonial Order: Separate colonies develop de jure systems of “persons as property.”

• • “Independence” – a movement built on disassociation with a Kingdom justified by reference to a ruler’s disregard for “inherent rights” and a “social contract.”

  • Post-revolution de jure slavery (racially based property rights) and conquest (eradication of indigenous sovereignty)

  • How to Make Sense of This: Worldviews. Political Theory; Economic Theory; Theological Theory; Linguistic Theory; Evolutionary Theory; Sociological Theory (race, sex, class); Philosophy.

  • How did Founders Ground This: Philosophy; Moral High Ground.

III. Week 6: September 25. Reflection:

• • What are our current concerns, current events?

  • Does the philosophy align with the structure; does the structure serve the philosophy?

  • What are the current imperfections?

  • Do we each accept the imperfections of a process, and agree that the mechanisms are the best process for progress?

  • How are we feeling; how do we express those feelings?

IV. Weeks 7 and 8: October 2 and 9. Hamilton as an academic exercise

• • History

  • Thought (Federalist Papers)

  • Economics of the day (past and present)

V. Week 9: Field Trip: October 16: Hamilton (the musical at DCPA)

• • Backstage Tour

  • Dinner

  • The Show

VI. Week 10: October 23. Nonhuman Rights Project, Inc., v. Cheyenne Mountain Zoological Society

FIELD TRIP (CU Boulder for Oral Argument): October 24

VII. Week 11: October 30.

• Political Science:

  • (i) the electoral college, polls and the presidential election;

  • (ii) House of Representatives and Senate predictions and implications.

VIII. Week 12: (switch class from Wednesday to Tuesday, 11/5/2024) Election watch.

IX. Week 13: November 13. Applied Philosophy. Have we been consistent? Can we articulate a personal and political worldview? Where do we go from here, as lifelong learners, to further our learning? How do we make learning a lifestyle?

X. Week 14: November 20: Student Project Presentations.

XI. Week 15: December 4: Group Discussion/Comprehensive Oral Evaluation.

XII. December 5-9: Turn in Worldview Paper.

Grading Metrics: 93+ A; 90-92 A-; 87-89 B+; 83-86 B; 80-82 B-; 70-79 C; 60-69 D; 59 and below, F.

• • Attendance, preparation and participation: 20%

  • Weekly Reflection Journal: 10%

  • Worldview Paper: 25%

  • Oral Exam: 15%

  • Group Project: 30%