The Structure of the Constitution

The Structure of the Constitution

These videos cover the basics of what the Constitution is, and how and why it was written.  Dozens of videos include discussions of other founding documents like the Declaration of Independence and state constitutions; how the Founders utilized the common law and British precedent; popular sovereignty; and why the Constitution needed to be a written document.

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17 of 27: The Common Law Part II: What Role Did Common Law Play in the New American Government? [No. 86]

How did the English Common Law map onto the American Constitutional system? Professor Kurt Lash discusses the debate among the Founders about whether and how the Common Law would still have force and effect in America. The Common Law presupposed the ... How did the English Common Law map onto the American Constitutional system?

Professor Kurt Lash discusses the debate among the Founders about whether and how the Common Law would still have force and effect in America. The Common Law presupposed the sovereignty of Parliament, but the American system was based on popular sovereignty. Professor Lash explains the Alien and Sedition Acts as an example of how this struggle played out in the early days of the constitutional republic.

Professor Kurt T. Lash holds the E. Claiborne Robins Distinguished Chair in Law at the University of Richmond School of Law. He is the Founder and Director of the Richmond Program on the American Constitution.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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Other Videos in this Series

1

The Era of State Constitution Writing [No. 86]

2

The Importance of Structure v. Parchment Barriers [No. 86]

3

Diverse Views at the Founding [No. 86]

4

Why Should We be Bound by the Constitution? [No. 86]

5

How the Founders Perfected the British System [No. 86]

6

The Importance of the Preamble - “We the People” are Sovereign [No. 86]

7

A Democratic Version of Britain’s Mixed Regime [No. 86]

8

Slavery, States Rights, and the Constitution [No. 86]

9

The Structural Constitution as a Protection for Liberty [No. 86]

10

Due Process of Law [No. 86]

11

Why Do We Need a Structural Constitution? [No. 86]

12

The Law of Democracy [No. 86]

13

What is Popular Sovereignty? [No. 86]

14

What Kind of Document is the Constitution? [No. 86]

15

Why a Written Constitution? [No. 86]

16

The Common Law Part I: What is Common Law and What Role Did it Play in England? [No. 86]

17

The Common Law Part II: What Role Did Common Law Play in the New American Government? [No. 86]

18

How Did the Founders Decide on the Separation of Powers? [No. 86]

19

How Do the Legislative and Executive Powers Balance Each Other? [No. 86]

20

The Declaration & Constitution: Original Public Meaning [No. 86]

21

How Does the Structure of the Constitution Uphold the Rule of Law? [No. 86]

22

How Do Constitutional Property Rights Enable Economic Growth? [No. 86]

23

Government Intervention in the Economy During a Financial Crisis [No. 86]

24

Separation of Powers and Specialization [No. 86]

25

The Declaration & Constitution: The Framing of a Nation [No. 86]

26

How Federal Legislative Power Differs from State Legislative Power [No. 86]

27

Text, Structure, and History in Constitutional Law Casebooks [No. 86]

About this Module

Total run time:

1h 23m

Course:

Total videos:

27

Difficulty:

First Year