Contemporary Challenges to Constitutional Order
OVERVIEW
Reflection offers an opportunity to consider how new ideas, information, experiences, and observations can shape thinking and knowledge. Reflective writing can help improve analytical skills because it requires expression of thought and analysis. Further, reflective analysis seeks to acknowledge or reject that thoughts are shaped by assumptions and preconceived ideas. In this course, we set out to study “the contemporary challenges facing America, the prevailing Western legal tradition, and a Biblical model of statesmanship, particularly as these challenges have influenced policy formation,” including the “modern reinterpretations of American constitutionalism and the shifting relationship of the State to the individual and other spheres in society.”
Write a Reflection Paper providing how your understanding and ideas have been impacted as a result of this class. This is your opportunity to recognize the ideas of others, notice how their assumptions and preconceived ideas may have shaped their thoughts, as well as your own, and perhaps recognize how your ideas support or oppose what you have learned.
Assignment Specifics:
6-8 peer-reviewed/scholarly sources cited from the class readings and presentations
4-5 double-spaced pages of content, not counting the title page or references
Effectively communicates at least 7 connections to “Contemporary Challenges to Constitutional Order.”
Current APA Format
Submit this assignment as a Word document file.
Note: Your assignment will be checked for originality via the TurnItIn plagiarism tool.
Sources of the Class:
Strang: Originalism's Promise: A Natural Law Account of the American Constitution
Froehen, B. P. & Carey, G. W. (2016). Constitutional Morality and the Rise of Quasi-Law. Harvard University Press. ISBN: 9780674088870.
Hamburger, P. (2014). Is Administrative Law Unlawful? University of Chicago Press. ISBN: 9780226116457.
Higgs, R. (2012). Crisis and Leviathan: Critical Episodes in the Growth of American Government. Independent Institute. ISBN: 9781598131116.
Outcomes of the class:
Explain the concept of Statesmanship.
Describe the “Original Intent” of the Framers of the U.S. Constitution.
Explain how the prevailing Western legal tradition and the Commerce Clause of the U.S. Constitution influence policy formulation.
Describe the difference between “government over-reach” and "responsible government.”
Explain The Commerce Clause of the Constitution.
Define “judicial activism.”
Explain “A Constitutional Paradox.”
Articulate a biblical worldview perspective toward statesmanship.
Reflective Analysis: Contemporary Challenges to Constitutional Order
Your Name
Subject and Section
Professor’s Name
July 27, 2023
The course titled "Contemporary Challenges to Constitutional Order" unfolded like a multifaceted prism of intellectual inquiry, reflecting various shades of understanding about American constitutionalism, statesmanship, and the intricate dynamics between individual liberties and the responsibilities of the state. As I navigated this diverse intellectual landscape, my understanding coalesced around certain key concepts, influenced by the course materials, lectures, and discussions punctuating our journey. A persistent theme was exploring and recognizing the embedded assumptions and preconceived notions that shape our perspectives, serving as the invisible scaffold upon which our ideas and interpretations are constructed.
Statesmanship
A recurring theme that permeated the discourse in the course was the concept of statesmanship, which was exquisitely presented in the readings (Higgs, 2012). Before this class, my conception of statesmanship was somewhat simplistic, primarily revolving around the cliched notions of political leadership. However, this rudimentary understanding underwent a profound metamorphosis as the course progressed.
I realized statesmanship is not confined to the corridors of power or the pursuit of a political agenda. Instead, it is a delicate art form requiring the skillful management of societal expectations, constitutional obligations, and the competing demands of progress and stability. It represents a balancing act between ushering in changes to respond to the evolving needs of society and maintaining the sanctity of order as codified in our constitutional norms. It is an ongoing negotiation between continuity and change, with the fulcrum being the welfare and aspirations of the people. It is this nuanced understanding of statesmanship that I now carry with me, a precious insight gleaned from our collective intellectual exploration in this course.
Original Intent of the Framers
Delving into Strang's work, "Originalism's Promise: A Natural Law Account of the American Constitution," was akin to embarking on an intellectual time travel into the minds of the framers of the U.S. Constitution (Strang). The book, rich in examining the original intent of the Constitution's architects, awakened in me a nuanced understanding of their visionary foresight. As I gleaned from Strang's exposition, their intent was not to bind future generations in a straitjacket of unyielding dogma. Instead, it was to create an agile framework of governance that could ebb and flow with the tides of societal evolution while remaining tethered to the enduring principles of liberty, justice, and equality.
Western Legal Tradition and Policy Formulation
Aside from the intent of the framers, the course also explored the deep imprints of the prevailing Western legal tradition on policy formulation, with a specific focus on the interpretation of the Commerce Clause of the U.S. Constitution (Froehen & Carey, 2016). As I absorbed these insights, I could discern the gradual evolution of the Commerce Clause over the years, morphing from a provision to manage trade disputes among states into a potent tool for the federal government to regulate a broad swath of economic activities.
This shifting interpretation is not simply a matter of academic interest. It directly impacts the delicate balance between economic progress and safeguarding citizen rights and welfare. It is the fulcrum that rests the dynamic interplay between growth and governance, the forces of free enterprise and regulation (Rogers et al., 2020). As gained from this course, the nuanced understanding of this relationship has deepened my appreciation of the complexities inherent in policy formulation in a constitutional democracy.
Government Over-reach Vs. Responsible Government
Intriguingly, an integral part of our exploration during the class was deciphering the delicate equilibrium between what is often perceived as government overreach and what signifies responsible government (Hamburger, 2014). This probing inquiry led me to comprehend that walking the fine line between preserving the inviolability of the Constitution and being responsive to the dynamic societal demands is not merely an art of equilibrium but a testament to the vitality of democratic values. As expounded in our coursework, government overreach represents the scenario where governmental authority expands its reach, breaching constitutional constraints and infringing on civil liberties (McLaren, 2021). Conversely, r...