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Constitutional Law

American University Washington College of Law

Series

2022

Articles 1 - 2 of 2

Full-Text Articles in Law

Founding The Marshall-Brennan Constitutional Literacy Project, Stephen Wermiel Jan 2022

Founding The Marshall-Brennan Constitutional Literacy Project, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

There are many different approaches to civic literacy, reflecting the dedication of so many individuals and organizations and their creativity committed to the task. For the Marshall-Brennan Constitutional Literacy Project, the approach has been to have law students educate young people about their rights through Supreme Court cases and moot court arguments.


Why The U.S. Founders' Conceptions Of Human Agency Matter Today: The Example Of Senate Malapportionment, Susan D. Carle Jan 2022

Why The U.S. Founders' Conceptions Of Human Agency Matter Today: The Example Of Senate Malapportionment, Susan D. Carle

Articles in Law Reviews & Other Academic Journals

This Article links the U.S. founders’ ideas about “human agency”—i.e., their understandings of the link between the individual and the social and political structure—with how they designed the Constitution and, in particular, how they designed the U.S. Senate as a non-majoritarian institution. I mine primary sources to show that although the founders struggled with many dis- agreements in drafting the Constitution, they shared an amalgam of historically received ideas about human agency derived from both liberal and civic republican traditions. I identify five such ideas and then parse which of them continue to pertain today. I argue that although contemporary …