Their historical development and meaning
Charles F. Bahmueller, Ph.D.
UCLA Extension
April 29-30, 2004
I. The United States : A new country and an old one
II. Fundamental principles of American Government: Liberty and the problem of power¡ªand its solution: escaping oppression/preventing oppression
III.Founding of the American colonies¡ªWhat it says of the country's character
a. The Mayflower Compact and the idea of a covenant
b. Covenants and the biblical tradition
c. Covenanting and the Protestant Reformation
d. Covenanting, democracy and the Mayflower Compact
e. Covenanting and constitutionalism: God as setter of limits
f. What's missing? The voice of liberalism absent Puritan New England
IV. Constitution making and the colonial period¡ªthe constitutional tradition
a. Inheritance of a rule of law tradition from England (juries and constitutionalism)
b. Operation of constitutional government in the colonies
V. The Revolutionary period
a. Background to Revolution
b. The writing of the Declaration of Independence
c. The major principles of the Declaration (Liberalism and the relationship of society and government¡ªthe political philosophy of John Locke¡ªseparation of the state and society [¡°civil society¡±])
d. Jefferson , the Declaration, & slavery
e. The influence of the Declaration around the world, including in China
[Mayor Jiang Zemin recites the Declaration to rebellious students, Shanghai , 1987]
VI. The Articles of Confederation period
a. Problems with the Confederation
b. Calling of a convention to amend the Articles
VII.¡°Miracle at Philadelphia ¡±¡ªWriting of the Constitution
VIII. Fundamental principles of the Constitution
a. Popular sovereignty (roots in Western civilization; independent invention by Confucian scholar Mencius in ancient China )
b. The idea of constitutionalism (roots in the West; an independent Chinese constitutional tradition
c. Separation of powers¡ªroots in colonial constitutionalism; in English constitutionalism, as found in Montesquieu
d. Checks and balances
e. Independent judiciary¡ªthe rule of law as a fundamental idea of constitutionalism¡ªits meaning
f.¡°judicial review¡±: power of the courts to declare laws and executive acts null and void
g. Federalism (federalism as a means of ensuring liberal freedom.)
h. Amending the Constitution
i. Conclusion: the US Constitution¡ªestablishing liberty and the preventing oppression
IX. Ratification of the Constitution
a. The Federalist (1788)¡ªClassic of American political thought
b. Demands for a Bill of Rights¡ªRepublicanism and Liberalism in the American Founding
X. The Bill of Rights¡ªthe 1 st ten Amendments to the Constitution .
a. Amendments 1-5
b. Amendments 6-10
XI. Development of the Constitution in the 19 th and 20 th centuries: the fulfillment of democracy
a. Slavery and the civil war
b. The struggle for equal rights for women
c. The struggle for equal rights for black Americans in the 1960's
XII.Operation of the Constitution today
a. The rule of law¡ªthe impeachment of President Clinton
b. The rule of law¡ªjailing of police; fining of communities
c. Congress: public and private interests
d. The problem of money in American politics
e. A free society: the idea of civil society
