Explore the ideas on governance of Plato, Aristotle, John Locke, and Thomas Jefferson. The first two are touchstones for Western Civilization and the latter two have directly influenced America’s republican form of government.
The Constitution: Its Champions and Its Critics:
James Madison: The Constitution (1787; 1789)
Amendments 1-10
Amendments 11-27
Benjamin Franklin: “Speech in the Convention: At the Conclusion of Its Deliberations” (Sept. 17, 1787)
Thomas Jefferson: Letter to James Madison, Dec. 20, 1787
The Federalist Papers:
James Madison: Federalist No. 10
James Madison: Federalist No. 47
James Madison: Federalist No. 51
Originalism Versus the Living Constitution Theory of Judicial Review:
Whittington: “How to Read the Constitution” (2006)
Scalia versus Breyer on Supreme Court Judicial Review (videos)
Part I
Part II
Michael C. Dorf: “Who Killed the “Living Constitution?”
Jack M. Balkin: “Alive and Kicking: Why no one truly believes in a dead Constitution”
Compose a brief essay of at least 400 words but no more than 600 words (not including your references list) on the following topic, referring to and critiquing relevant ideas from at least three of the Week 3 readings as you develop your thoughts: Based on your reading of the Constitution’s Articles II and III and the First Amendment, and considering carefully the originalist and living document theories of judicial review, make an argument that the decision of the Supreme Court in New York Times Co. v. United States was either correct or incorrect.
Note: You may also briefly bring in explanatory information that you have found in your research on the case or on the opinions of the justices-but do not use Wikipedia as a source, as it is not generally considered sufficiently credible for academic writing. Be sure to include in-text citations for such information and also to include these sources in your references list. Remember, this background is not the focus of the assignment and so, should not dominate in your essay. We are not expecting a major research essay, but rather, a thought piece that uses ideas from the assigned readings and, potentially, other resources.
Write in essay form (that is, in paragraphs, not in bullet points)
