Advanced Constitutional Law: Forms of Government

2 credits

The form of government is one of the oldest topics in political and constitutional thought. This advanced constitutional law seminar invites students to read about and reflect on this topic at the foundation of constitutionalism. Is the traditional classification (monarchy, aristocracy, republic) compelling? Was Montesquieu correct that despotism is a form of government (and what about the new despotisms of the 21stcentury)? What is the meaning of republican government in the Federalist Papers and how does it relate to democracy? How does the form of government relate to other fundamental concepts, such as statehood and popular sovereignty? What was the original meaning of the Guarantee Clause and how has that meaning changed throughout history? What role if any does the republican form of government play in the larger architecture of American constitutionalism? Readings are from classics of political thought (Bodin, Montesquieu, Sieyes, Madison, Arendt), constitutional theory (American and comparative), constitutional doctrine, political science, legal history. All students must have already taken a course in the constitutional law of the United States or another jurisdiction. An additional credit is available to students for writing projects that satisfy the Upper Level Writing requirement. Enrollment limited. Please reach out to Prof. Perju with any questions (perju@bc.edu).