CITIZENS AND ALIENS: Constitutionalism, Community and Citizenship
Institute of Political Studies, Catholic University of Portugal
[Fall Semester 2012, pending confirmation - syllabus being developed]
Instructors:
Horst Mewes
Professor of Political Theory
University of Colorado at Boulder
email: horstmewes [at] yahoo.com
Paulo Zagalo e Melo
Director, Luso-American Foundation
Invited Researcher, Institute of Political Studies, Catholic University of Portugal
email: zagalo-melo [at] post.harvard.edu
Office hours: by appointment. Please email instructors to make an appointment.
_______________________________________________________________________________________________
CITIZENS AND ALIENS: Constitutionalism, Community and Citizenship
SEMINAR OVERVIEW
For all we may resist such ultimate questions as the meaning of justice and the nature of the good life, what we cannot escape is that we live some answer to these questions – we live some ‘theory’ – all the time.
Michael Sandel, in “Democracy’s Discontent”, 1996
Citizens and Aliens is part of an international initiative on Citizenship-related studies co-founded by Horst Mewes and Paulo Zagalo e Melo, comprising (1) Citizens and Aliens – a space for sharing knowledge and promote debate on issues of community and membership; (2) Future Citizenship – a venture to promote and facilitate access to citizenship projects internationally; and (3) Future Citizens – a peer-reviewed electronic journal publishing scholarly work on various aspects of citizenship.
Citizens and Aliens does not aim at promoting any particular view or policy, but rather at introducing, analyzing and weighing prominent and promising citizenship theories.
Political theory requires intellectual humility. Answers to our political life's most basic questions do not come easily. The Citizens and Aliens seminar provide an opportunity for thinking carefully and seriously about crucial questions of political life such as the nature and form of political community and the rationale and shape of its membership, which shape our lives and even our views of the world. It also aims at developing our critical and methodical analysis of citizenship-related concepts.
Students are strongly encouraged to contact the instructors to express their particular goals and interests within the broad issue of citizenship, and how those fit into their current or future academic or professional plans. Hence, students should approach instructors by e-mail even before the beginning of the course.
Mandatory Readings and Reading Assignments [CLICK HERE for Access to Restricted Student Zone]
Section 1 - Political Community and Constitutions
What is a Constitution? What are its functions and purpose in political communities? Constitutional continuity versus political-social change. Constitutions and Human Rights.
Readings Section 1:
- Dyck, Arthur J. 2005. Rethinking Rights and Responsibilities : the Moral Bonds of Community. Revised ed. Washington, D.C.: Georgetown University Press. Chapter 4 - “Moral Bonds as Requisites of Community”
http://books.google.pt/books?id=Rb3L8jM1MJkC&pg=PA93&hl=pt-PT&source=gbs_toc_r&cad=4#v=onepage&q&f=true
- Waldron, Jeremy.2011. The Principle of Proximity (January 17, 2011). NYU School of Law, Public Law Research Paper No. 11-08. Available at SSRN: http://ssrn.com/abstract=1742413 or http://dx.doi.org/10.2139/ssrn.1742413
_______________________________________________________________________________________________
Section 2 - Constitutionalism and Nationalism
Constitution, national identity, and nationalism. How does a Constitution relate to other possible forms of political or national community or collective identity formation? Aside from guaranteeing individual rights, is a constitution binding on modes of collective identity?
Readings Section 2:
- Ginsburg, Thomas, Zachary Elkins, and James Melton. 2009. The Life Span of Written Constitutions. The Record Online (Alumni Magazine). Spring 2009. http://www.law.uchicago.edu/alumni/magazine/lifespan
- Amar, Akhil Reed. 1997. “A Few Thoughts on Constitutionalism, Textualism, and Populism,” 65 Fordham L. Rev. 1657.
- Reich, Robert B. “What is a Nation?” Political Science Quarterly 106, no. 2 (1991): 193-209. http://www.compilerpress.ca/Competitiveness/Anno/Anno%20Reich%20Nation.htm
- Grimm, Dieter. 2010. The Achievement of Constitutionalism and its Prospects in a Changed World. in "The Twilight of Constitutionalism?" Edited by Petra Dobner and Martin Loughlin. Oxford University Press, New York, NY.
Section 3 - To be determined
Section 4 - Transnational Constitutionalism: The European Experience
Readings Section 4:
- Bellamy, Richard. 2005. "The 'Rights to Have Rights': Citizenship Practice and the Political Constitution of the EU
http://books.google.pt/books?id=9z3IASMyAGgC&printsec=frontcover&hl=pt-PT&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false
- Poiares Maduro, Miguel. 2004. “How Constitutional Can the European Union Be? The Tension Between Intergovernamentalism and Constitutionalism in the European Union.” Ed. J.H.H. Weiler and Eisgruber. Altneuland: The EU Constitution in a Contextual Perspective (Jean Monnet Working Paper 5/04). http://www.jeanmonnetprogram.org/papers/04/040501-18.html.
- Grimm, Dieter. 1995. Does Europe Need a Constitution? European Law Journal, Vol. 1. No. 3. November 1995. pp. 282-302.
Section 5 - American Constitutionalism
The US "Federal" Constitution as 'supreme law,' and its relation to state constitutions. (important: the 14th amendment applies the "Bill of Rights" to the states; the 'commerce clause' enabling Congress to pass any law affecting 'interstate commerce' in the broadest sense).
Levinson
The Federalist #78. Alexander Hamilton. 1788
http://www.constitution.org/fed/federa78.htm
Amar_ The Bill of Rights_ Introduction
- Keyssar, Alex. 2010. "The Genesis and Legacy of the US Constitution". Republics in Parallel: Portugal and the United States of America. Fundação Luso-Americana. Lisboa, Portugal.
Macedo “Limits of constitutional democracy
-Intro
-Ch
Section 6 - Discussion and Concluding Remarks
Three questions for discussion (which will be the same questions to choose from in the final paper)
Questions will be announced June 1st
Evaluation Requirements:
Citizens and Aliens: Constitutionalism, Community and Citizenship is fully taught in English, and all evaluation requirements must be fulfilled also in English.
During the seminar (May 25- June 2), each student must submit one 500-word blog challenge (equiv. to one page, single spaced), in response to a provocative question posted on the Citizens and Aliens blog (www.citizensandaliens.org).
Each student must give a 10-15 minute in-class oral report on one of the readings assigned, or on a subject related to the seminar's theme and based on one or more of the readings listed herein . Readings may be chosen by students on a first-come first-served basis. In case a student has not chosen his/her readings before May 25, the instructors will assign one during the first session of the seminar.
A 3500-4000 word paper is due June 20, 2012 (double spaced, font Times New Roman size 12; resulting in approximately 14-16 pages). The paper must be emailed to both instructors (see email addresses above) in a Word or PDF format. You will receive an email from one of the instructors acknowledging receipt of your paper.
Final papers presented within 3 days after the deadline will get a 2-point penalty in the final grade. Papers presented after those 3 days will not be accepted. A student may require a ‘special case’ deadline, which will have to be approved by the instructors before the end of the regular deadline.
The final grade will be a composite of all the evaluation requirements submitted in which every single requisite – blog answers, oral presentation, and final paper – is mandatory. Students who have not fulfilled all the grading requirements by the deadline will not be graded.
The final grade is ‘final’ – requests for second chances, revisions, or “melhorias de nota” will not be attended, unless to amend or correct a proven mistake.
[Fall Semester 2012, pending confirmation - syllabus being developed]
Instructors:
Horst Mewes
Professor of Political Theory
University of Colorado at Boulder
email: horstmewes [at] yahoo.com
Paulo Zagalo e Melo
Director, Luso-American Foundation
Invited Researcher, Institute of Political Studies, Catholic University of Portugal
email: zagalo-melo [at] post.harvard.edu
Office hours: by appointment. Please email instructors to make an appointment.
_______________________________________________________________________________________________
CITIZENS AND ALIENS: Constitutionalism, Community and Citizenship
SEMINAR OVERVIEW
For all we may resist such ultimate questions as the meaning of justice and the nature of the good life, what we cannot escape is that we live some answer to these questions – we live some ‘theory’ – all the time.
Michael Sandel, in “Democracy’s Discontent”, 1996
Citizens and Aliens is part of an international initiative on Citizenship-related studies co-founded by Horst Mewes and Paulo Zagalo e Melo, comprising (1) Citizens and Aliens – a space for sharing knowledge and promote debate on issues of community and membership; (2) Future Citizenship – a venture to promote and facilitate access to citizenship projects internationally; and (3) Future Citizens – a peer-reviewed electronic journal publishing scholarly work on various aspects of citizenship.
Citizens and Aliens does not aim at promoting any particular view or policy, but rather at introducing, analyzing and weighing prominent and promising citizenship theories.
Political theory requires intellectual humility. Answers to our political life's most basic questions do not come easily. The Citizens and Aliens seminar provide an opportunity for thinking carefully and seriously about crucial questions of political life such as the nature and form of political community and the rationale and shape of its membership, which shape our lives and even our views of the world. It also aims at developing our critical and methodical analysis of citizenship-related concepts.
Students are strongly encouraged to contact the instructors to express their particular goals and interests within the broad issue of citizenship, and how those fit into their current or future academic or professional plans. Hence, students should approach instructors by e-mail even before the beginning of the course.
Mandatory Readings and Reading Assignments [CLICK HERE for Access to Restricted Student Zone]
Section 1 - Political Community and Constitutions
What is a Constitution? What are its functions and purpose in political communities? Constitutional continuity versus political-social change. Constitutions and Human Rights.
Readings Section 1:
- Dyck, Arthur J. 2005. Rethinking Rights and Responsibilities : the Moral Bonds of Community. Revised ed. Washington, D.C.: Georgetown University Press. Chapter 4 - “Moral Bonds as Requisites of Community”
http://books.google.pt/books?id=Rb3L8jM1MJkC&pg=PA93&hl=pt-PT&source=gbs_toc_r&cad=4#v=onepage&q&f=true
- Waldron, Jeremy.2011. The Principle of Proximity (January 17, 2011). NYU School of Law, Public Law Research Paper No. 11-08. Available at SSRN: http://ssrn.com/abstract=1742413 or http://dx.doi.org/10.2139/ssrn.1742413
_______________________________________________________________________________________________
Section 2 - Constitutionalism and Nationalism
Constitution, national identity, and nationalism. How does a Constitution relate to other possible forms of political or national community or collective identity formation? Aside from guaranteeing individual rights, is a constitution binding on modes of collective identity?
Readings Section 2:
- Ginsburg, Thomas, Zachary Elkins, and James Melton. 2009. The Life Span of Written Constitutions. The Record Online (Alumni Magazine). Spring 2009. http://www.law.uchicago.edu/alumni/magazine/lifespan
- Amar, Akhil Reed. 1997. “A Few Thoughts on Constitutionalism, Textualism, and Populism,” 65 Fordham L. Rev. 1657.
- Reich, Robert B. “What is a Nation?” Political Science Quarterly 106, no. 2 (1991): 193-209. http://www.compilerpress.ca/Competitiveness/Anno/Anno%20Reich%20Nation.htm
- Grimm, Dieter. 2010. The Achievement of Constitutionalism and its Prospects in a Changed World. in "The Twilight of Constitutionalism?" Edited by Petra Dobner and Martin Loughlin. Oxford University Press, New York, NY.
Section 3 - To be determined
Section 4 - Transnational Constitutionalism: The European Experience
Readings Section 4:
- Bellamy, Richard. 2005. "The 'Rights to Have Rights': Citizenship Practice and the Political Constitution of the EU
http://books.google.pt/books?id=9z3IASMyAGgC&printsec=frontcover&hl=pt-PT&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false
- Poiares Maduro, Miguel. 2004. “How Constitutional Can the European Union Be? The Tension Between Intergovernamentalism and Constitutionalism in the European Union.” Ed. J.H.H. Weiler and Eisgruber. Altneuland: The EU Constitution in a Contextual Perspective (Jean Monnet Working Paper 5/04). http://www.jeanmonnetprogram.org/papers/04/040501-18.html.
- Grimm, Dieter. 1995. Does Europe Need a Constitution? European Law Journal, Vol. 1. No. 3. November 1995. pp. 282-302.
Section 5 - American Constitutionalism
The US "Federal" Constitution as 'supreme law,' and its relation to state constitutions. (important: the 14th amendment applies the "Bill of Rights" to the states; the 'commerce clause' enabling Congress to pass any law affecting 'interstate commerce' in the broadest sense).
Levinson
The Federalist #78. Alexander Hamilton. 1788
http://www.constitution.org/fed/federa78.htm
Amar_ The Bill of Rights_ Introduction
- Keyssar, Alex. 2010. "The Genesis and Legacy of the US Constitution". Republics in Parallel: Portugal and the United States of America. Fundação Luso-Americana. Lisboa, Portugal.
Macedo “Limits of constitutional democracy
-Intro
-Ch
Section 6 - Discussion and Concluding Remarks
Three questions for discussion (which will be the same questions to choose from in the final paper)
Questions will be announced June 1st
Evaluation Requirements:
Citizens and Aliens: Constitutionalism, Community and Citizenship is fully taught in English, and all evaluation requirements must be fulfilled also in English.
During the seminar (May 25- June 2), each student must submit one 500-word blog challenge (equiv. to one page, single spaced), in response to a provocative question posted on the Citizens and Aliens blog (www.citizensandaliens.org).
Each student must give a 10-15 minute in-class oral report on one of the readings assigned, or on a subject related to the seminar's theme and based on one or more of the readings listed herein . Readings may be chosen by students on a first-come first-served basis. In case a student has not chosen his/her readings before May 25, the instructors will assign one during the first session of the seminar.
A 3500-4000 word paper is due June 20, 2012 (double spaced, font Times New Roman size 12; resulting in approximately 14-16 pages). The paper must be emailed to both instructors (see email addresses above) in a Word or PDF format. You will receive an email from one of the instructors acknowledging receipt of your paper.
Final papers presented within 3 days after the deadline will get a 2-point penalty in the final grade. Papers presented after those 3 days will not be accepted. A student may require a ‘special case’ deadline, which will have to be approved by the instructors before the end of the regular deadline.
The final grade will be a composite of all the evaluation requirements submitted in which every single requisite – blog answers, oral presentation, and final paper – is mandatory. Students who have not fulfilled all the grading requirements by the deadline will not be graded.
The final grade is ‘final’ – requests for second chances, revisions, or “melhorias de nota” will not be attended, unless to amend or correct a proven mistake.