The Constitutional System of the United States

Teachers

Included in study programs

Teaching results

The course aims to acquaint students with events, fundamental documents and court landmarks related to the adoption and interpretation of the United States Federal Constitution and its amendments. At the same time, the aim is to equip the student with basic terminological apparatus and a set of knowledge related to various aspects of the horizontal and vertical division of power in the United States of America.
Knowledge: The content of the seminar will consist of two parts. In the first part, students present seminar papers on the issue of individual amendments to the constitution and analyze the critical landmarks of the US Supreme Court, which formed the legal practice. The second part of the seminar focuses on understanding the functioning of the US constitutional system and its elements according to the attached syllabus.
Competences: After completing the course, the student can independently describe, analyze, explain and critically evaluate individual aspects of the US constitutional and political system.
Skills: Through this course, the student improves the ability to compare different political models, sensitively distinguish between different political cultures, analyze the impact of European political thought on the political development of the United States, and vice versa, explain the impact of American politics on political developments in Europe; the student is also ready to further focus on the issues of the political system, domestic and foreign policy of the United States of America.

Indicative content

Indicative content:
1. The political-philosophical context of American constitutionalism: codified / uncodified constitutions, the influence of social contract theories, republicanism and democracy in the United States, republican and liberal conceptions of freedom
2. Historical roots of American constitutionalism I.: colonial charters, escalation of tension before the outbreak of the War of Independence, First Continental Congress, Second Continental Congress, Declaration of Independence, new constitutions of states, Articles of the Confederation
3. Historical roots of American constitutionalism II.: constitutional convention and constitutional debates, the process of ratification and implementation of the constitution, the Bill of Rights, the doctrine of incorporation
4. Selected issues of American constitutionalism: specifics of the implementation of the separation of powers principle in a comparative perspective, interpretation of the constitution (originalism, pragmatism, other approaches), binding interpretation of the constitution, initiating amendments to the constitution, ratification of amendments, categorization of amendments
5. Federalism in the USA I.: federation and confederation, issues of states' sovereignty in the context of the American Civil War, dynamics of American federalism, sources of the federal government and state power, milestones of American federalism
6. Federalism in the USA II.: fiscal federalism, categorical grants, block grants, general revenue sharing, state governments, local governments, special districts
7. Legislative power: powers of Congress, House of Representatives, Senate, political parties in Congress, Congress Committees, stages of the legislative process
8. Executive power: president and constitutional resources of presidential power, executive directives of the president, the role of the president over time, the role and position of the vice-president, the government cabinet
9. Judiciary: constitutional foundations of the judiciary (judicial review, supremacy of federal courts and federal law), organization of the US judiciary, functioning of the US Supreme Court
10. Elections and electoral systems in the USA I.: types and forms of political representation (promissory, anticipatory, gyroscopic, surrogate), suffrage and suppression of voting rights, primary elections
11. Elections and electoral systems in the USA II.: congressional elections, presidential elections, the US Electoral College, campaign fundraising
12. The party system in the USA: the nature of political parties, the history of the party system and the various phases of the US party system
13. The stability of the US constitutional system and its ability to respond to current political challenges: the life of civil society, a critical discussion of problematic aspects of the political system and the issue of respect for human rights in American society

Support literature

HAMILTON, A. – MADISON, J. – JAY, J.: The Federalist Papers. Skyhorse Publishing, 2019.
BERKIN, C. – MILLER, C. – CHERNY, R. – GORMLY, J.: Making America. Cengage, 2008.
CHEMERINSKY, E.: Constitutional Law: Principles and Policies. Wolters Kluwer, 2015. STEPHENS, O. – SCHEB, II, J.: American Constitutional Law: Civil Rights and Liberties, Volume II. Wadsworth Publishing, 2008.
SMITH, R. A.: The American Anomaly. U.S. Politics and Government in Comparative Perspective. Routledge, 2019.
BREWER, M. D. – MAISEL, L. S.: Parties and Elections in America. The Electoral Process. 9th ed. Rowman & Littlefield, 2021.
KAZIN, M. et al. (eds.): The Princeton Encyclopedia of American Political History. Princeton University Press, 2010.
KERNELL, S. et al.: The Logic of American Politics. 9th ed. Sage, 2020.
KOLLMAN, K.: The American Political System. 2nd ed. W. W. Norton & Company, 2015.
KYVIG, D. E.: Explicit and Authentic Acts: Amending the U.S. Constitution, 1776–2015 with a New Afterword. University Press of Kansas, 2016.
DAVIDSON, J. W.: A Little History of the United States. Yale University Press, 2015.
ROZELL, M. J. – WILCOX, C.: Federalism. A Very Short Introduction. Oxford University Press, 2019.
Constitution of the United States

Requirements to complete the course

Seminar paper 40%
Written exam 60%

Student workload

104 hours, of which participation in seminars 26 h, preparation for lessons 26 h, preparation for the exam 52 h

Language whose command is required to complete the course

English language

Date of approval: 13.03.2024

Date of the latest change: 19.04.2023