Constitutional Movements, Histories, and Memory

This seminar examines how constitutional meaning has been constructed and contested across American history, both inside and outside of the courts. Together we will examine the historic and contemporary evolution of an array of constitutional movements, including Emancipation under the Thirteenth Amendment, reproductive rights, Second Amendment litigation, LGBTQ liberation, and due process rights for noncitizens during Metro Surge.

This seminar raises both descriptive and normative questions. Descriptively, we will investigate how constitutional meaning has been created and remembered, both in courts and in American culture. We will consider how forces outside the judiciary, including activists, workers, community groups, lobbyists, academics, politicians, corporations, and religious organizations, articulated and advanced their own interpretations of key constitutional tenets, and the extent to which these claims have been incorporated or rejected by courts. Normatively, we will ask how divergent interpretations should be assessed and evaluated against one another: Which voices in American life should be credited with constitutional meaning-making? How should conflicting claims to constitutional interpretive authority be resolved? What sources may be considered when seeking to determine which rights are deeply rooted in our nation’s history and tradition? 

Readings will include landmark constitutional case briefs and court opinions, accompanying primary sources, and readings in constitutional history and theory. Students will develop a final project on a topic of their choice in the form of a scholarly paper, a mock amicus brief, or a creative project. Additional support will be provided to students to develop skills in archival legal research and writing.