In The US Constitution through History, Professor Eric Berger of the University of Nebraska takes you on a journey through America’s constitutional history. In 24 riveting lectures, unpack the ideas of America’s founding and trace the evolution of those ideas through the schisms of the 19th century, the transformations of the 20th century, and into our present era.
The US Constitution through History
Explore the history of the US Constitution from its conception through 230 years of discussions and debates.
Rated 4 out of
5
by
Anonymous from
Mostly Good
I watched this course because I recently wrote a book on this subject at my publisher's request and was interested in how Professor Berger approached it. While I thought his political leanings were very clear in the first couple of lectures, I am probably more attuned to this than most, having researched and written on this topic. Still, I thought most of his lectures were excellent and worth watching.
The closer he came to the present day, the more apparent his political views. The primary weakness of his later lectures is he increasingly becomes one-sided in his criticism. While he clearly identifies conservatives and originalism, he never clearly defines the opposing viewpoint. This can lead the viewer to the impression that there is the normal view and a partisan view (i.e., originalism).
Thus, for example, I thought lecture 23, History in Constitutional Interpretation, was a fairly good introduction to originalism and its weaknesses, even though it stressed the weaknesses. This lecture was fine, but where is the corresponding lecture on the alternative? Where does even clearly define the alternative? He doesn't.
The alternative is, BTW, the Living Constitution view, that our understanding of the document grows and evolves as time changes. Both views have strengths and weaknesses.
Many have complained about the last lecture, and with good reason. Yet even here, Berger does fairly well through the first half of the lecture. The problems he raises are valid, but for the most part, his examples only come from one side, those he disagrees with.
In the second half, he becomes overtly political and takes sides. There are two valid sides to all the issues he raises, but the farther you go into the last lecture, the more he contrasts the reasonable aspects of his views with the worst parts of those on the other side.
For example, in Citizens United, the core issue is often overlooked: could Citizens United make and show a movie about Hillary Clinton without government interference? If Citizens United does not have free speech because they are a corporation, what about other corporations like the New York Times or Washington Post? One can see money in politics as a problem and believe the government should not limit speech.
Much the same could be said for Professor Berger's other examples. For example, I have been looking into and writing about redistricting for several decades and share Professor Berger's concerns. I used to think "non-partisan" commissions were a good solution. But as they have worked out, there is no such thing. Who gets to gerrymander becomes who gets control of the commission rather than who wins the election. As bad as the latter is, at least they are accountable to the voters to some extent. Thus I think the Supreme Court was very wise to stay out of the process.
In summary, Professor Berger's lectures are excellent for the first 2/3 of the course. The last third are good, but they become increasingly one-sided, with the last half of the last lecture being blatantly political.
Date published: 2023-08-08
Rated 5 out of
5
by
dcff from
Excellent historical summary
Many lectures could have been expanded into another lecture series but for a basic course in 24 lectures I doubt that it could have been done better. There were some reviews complaining of bias and "liberal" attitude, especially in lecture 24. Those were the reviews that finally convinced me to buy the course. Anyone who uses the word "liberal" as a pejorative is only revealing what rabbit hole they've fallen into. Lecture 24 was the first lecture I watched and as I suspected it was excellent with a scary but accurate summary of the situation we are in now.
Date published: 2023-08-04
Rated 3 out of
5
by
Leeky from
Very Informative
The vast majority of this course provides an insight into to constitution that I had not taken into consideration. I have read the constitution but always took it a face value, Looking at the constitution from the perspective of the people who wrote it and amended it along with their biases and self serving agendas really makes you think. My only problem with the course was the clearly liberal bias of the presenter, In fact I highly recommend that anyone taking this course not bother with the lecture 24. Then final lecture is not a lecture at all but an opportunity for the professor to pontificate on his liberal ideas and provides not value whatsoever.
Date published: 2023-08-04
Rated 4 out of
5
by
Kibr from
Educational
I look forward to more courses by this Professor and on to more courses on topic of the U.S.A. Constitution.
Date published: 2023-05-18
Rated 5 out of
5
by
Memory99 from
So easy to follow
So much information that was not taught in school. This is well organized and well presented. Worth watching more than once.
Date published: 2023-05-08
Rated 4 out of
5
by
Fancie 14 from
Excellent Coverage of Constitutional History
I feel that throughout his lectures he did a fairly good job presenting pure history without making strong political judgements about the events that occurred. Overall it was very educational despite ones political leaning until he lectured us on the wisdom of supreme court decisions occurring mainly during the Reagan years by a largely conservative court. In chapter 24 he appeared VERY concerned about a nation that is quite literally splitting apart, but implied simply in the way he presented it to be the fault of only one side, as indicated in his commentary on the 2020 presential election, the aftermath and Donald Trump. I can only wonder why such an erudite gentleman would, in my opinion, ruin such an informative and well presented discourse near the end of it. However, I think you will find the bulk of the information presented fascinating if you're willing to just ignore chapter 24. I'd recommend it to a friend with that condition.
Date published: 2023-03-23
Rated 3 out of
5
by
Skeptical Inquirer from
Same Old Stuff
While it was well organized and presented, this course didn't give the kind of information I wanted. I won't say that I didn't learn anything new but most of the material was familiar to me from other Wondrium courses including a previous one by Professor Berger. What I find lacking in offerings relating to the US Constitution is information on all the hundreds of others that have been adopted in the world since 1787. For example, France has had 17 constitutions since then, all passed by a national referendum. If the US Constitution is so wonderful, why haven't other countries adopted something exactly like it? Thomas Jefferson said in 1816, “Some men look at constitutions with sanctimonious reverence and deem them like the ark of the covenant, too sacred to be touched. They ascribe to the men of the preceding age a wisdom more than human, and suppose what they did to be beyond amendment.” There is an exchange of letters in 1789-1790 between Jefferson and Madison where the former said that a constitution should be written every 19 years while the latter demurred. When asked in 2012 about whether Egypt should adopt a constitution based on the American model, Supreme Court Justice Ruth Bader Ginsburg said, "You should certainly be aided by all the constitution writing that has gone on since the end of World War II. I would not look to the U.S. Constitution if I were drafting a constitution in the year 2012. I might look at the constitution of South Africa — that was a deliberate attempt to have a fundamental instrument of government that embraced basic human rights, had an independent judiciary. It really is, I think, a great piece of work that was done. Much more recently than the U.S. Constitution, Canada has the Charter of Rights and Freedoms — dates from 1982. You would almost certainly look at the European Convention on Human Rights. So, yes, why not take advantage of what there is elsewhere in the world?"
Such questions are not a major part of US politics these days. Most Americans believe that we are stuck with the 1787 document. I think it might be possible to get a new constitution, better able to act as a foundation for American democracy in the 21st century, but not through the amendment or constitutional convention process. A well funded group could propose a new one and conduct a national referendum on whether it should be adopted. Such a process might after a few years of such pressure lead to it relacing the old one. Remember that the current US Constitution was ratified without having all 13 states on board and thus was "unconstitutional" according to the Articles of Confederation.
A new constitution would address the abominations of the current system like the Electoral College, 2 senators per state, absolute judicial supremacy, only two parties (a result of winner take all elections by Duverger's law), gerrymandering, the filibuster, etc. If the majority of the people of the country want gun control, abortion and the rich to pay more taxes, an effective constitution would result in those becoming law. It should guarantee minority rights but not minority rule. Those who praise or condemn the US Supreme Court for granting or restricting rights should realize that it got involved only because of the ineffectiveness of the legislative branch in establishing them. One thing I would preserve from the current system is separate election of the President and Legislature with each being a check on the other.
So Teaching Company, there are plenty of fine American academics like Mark Tushnet and Tom Ginsburg who have written on comparative law and government and I hope you will engage one to enlighten us.
Date published: 2023-03-22
Rated 5 out of
5
by
Kim Kemal from
Making a 'dry' subject utterly riveting
Constitutional law? A snoozer, right? But I thought I might be able to scrape a few scraps of useful information. Oh, my God. This prof really knows how to cut to the key questions and present them succinctly - and engagingly! I thought myself as well-versed in the subject as any non-lawyer could be. Yet there is so much I did not know - and which makes the arguments, then and now, about state's rights, about privacy, about free speech, and so much more, so much clearer. I kept clicking lesson after lesson, even about the history that I lived through, learning so much that matters in my life today. Bravo, prof!! Fascinating, engaging, packed with key facts and relevant biographies.
Definitely, you want to take this class!
Date published: 2023-01-17
Overview
About
Eric Berger is the Earl Dunlap Distinguished Professor of Law at the University of Nebraska College of Law. His scholarship focuses on constitutional law, including judicial decision-making in constitutional cases. He received his JD from Columbia Law School and then clerked for the Honorable Merrick B. Garland on the US Court of Appeals for the District of Columbia Circuit. He went on to practice with Jenner & Block, where he worked on litigation, including in the US Supreme Court. He has been voted Professor of the Year by law students at Nebraska six times.
Trailer
01: America’s Founding Ideas
America was born out of a group of ideas and a series of conflicts with England. Begin your course on the US Constitution with a look at the English tradition that underpins American law and the tensions with England that led to revolution.
37 min
02: Failures of Early American Governments
When war broke out between England and the American colonies, the Continental Congress drafted the Articles of Confederation, a loose framework by which the colonies could be governed as a nation-state. Reflect on the origins of this system, as well as its inability to deal with economic, military, and diplomatic crises of the day.
35 min
03: Dilemmas of the Constitutional Convention
While America’s original Articles of Confederation were an imperfect system, transforming the system with a new Constitution was a heavy lift. Delve into the Philadelphia Convention of 1787 to witness the high-stakes debates about a new national system of government.
34 min
04: The Ratification of the Constitution
After the Philadelphia Convention approved the new Constitution, at least nine states needed to ratify it. Travel the new nation in the late 18th century to see how different states viewed a new federal government—and why so many states ultimately voted to ratify the Constitution.
35 min
05: The Bill of Rights as a Concession
During the ratification process, many states complained that the Constitution did not include a Bill of Rights. A movement started to create amendments to protect individuals against governmental tyranny. Explore the role of James Madison and others in creating the first 10 amendments to the US Constitution.
34 min
06: The Rise of Federal Power: Hamilton’s Bank
The size and scope of the national government has been at the heart of American political debates for centuries—and this debate has been part of the country’s dialogue since the beginning. Here, consider Alexander Hamilton’s argument for the central bank’s role in paying debts and setting the economic direction for the country.
34 min
07: Constitutional Issues of Westward Expansion
The early republic’s population grew quickly, approximately 35% every decade. This growth required more land—and more farms—which led to incredible expansion. Survey the constitutional issues surrounding American growth during the time of Thomas Jefferson, whose Louisiana Purchase set the tone for an expanding nation.
34 min
08: The Law of Slavery under the Constitution
The US was founded on the principle that “all men are created equal,” but America has not always lived up to that ideal. How do we reconcile the aspirations of the Constitution with the travesty of slavery? What did the Framers and citizens in the 18th and 19th century think of slavery? Dive into the heart of the great American tension.
35 min
09: Constitutional Roots of Sectional Tensions
Disagreement over slavery divided the country along sectional lines. In the infamous Dred Scott decision, the Supreme Court ruled that a person of African descent could not be a citizen. Dive into the rising tensions of the 19th century that culminated in secession and war.
36 min
10: Lincoln, Civil War, and the Constitution
Although Abraham Lincoln was not elected as an abolitionist president, the era’s tension between North and South boiled over into the Civil War shortly after his election. Here, reflect on the many constitutional questions posed by the war, from the right of habeas corpus to the legality (or illegality) of secession.
36 min
11: Emancipation and the Thirteenth Amendment
President Lincoln’s most momentous constitutional decision involved emancipation. Whereas the Framers had assumed slavery as an institution gradually would fade away, Lincoln bore the responsibility of ending slavery—first by executive order and then via a constitutional amendment.
36 min
12: The Fourteenth Amendment and Freedom’s Meaning
The 13th Amendment ended slavery, but it did not define what rights freed persons would enjoy. After the Civil War, the nation engaged in a prolonged debate about the meaning of freedom and equality. Here, consider the goals and shortcomings of Reconstruction and the ratification of the 14th Amendment, which outlined the rights of free citizens.
35 min
13: Reconstruction Politics and Voting Rights
Continue your study of Reconstruction and the political power struggle between President Andrew Johnson (who was obstructing rights for freed persons) and the Congressional Republicans. Unpack the impeachment of Johnson and the struggle to win voting rights for freed persons.
35 min
14: Reconstruction’s Broken Legal Promises
In this final lecture on constitutional changes during Reconstruction, consider the new role of the federal government in securing rights for all citizens. Find out how the realities of Reconstruction fell short of its promises, thanks in large part to corrupt politicians, as well as a national economic depression in 1873.
36 min
15: Equal Protection at the Turn of the Century
African Americans had made gains during Reconstruction, but that era came to an end when white Southerners seized control of state governments. Here, shift your attention to the myriad state laws that enacted formal racial segregation and disenfranchised African American voters. Then, reflect on discrimination faced by American immigrants and women.
35 min
16: The Constitution in the Progressive Era
The late 19th and early 20th centuries saw disruptive economic and social transformations. The anxieties of this age inspired major political reform movements—including new constitutional amendments dealing with the federal income tax, the election of senators, and women’s voting rights.
36 min
17: World War I and the Birth of Free Speech
Today, we think of the First Amendment as offering nearly unlimited free speech, but when you step back 100 years, you see surprising restrictions on speech. Here, go back to World War I and explore the Supreme Court’s most important early decisions on freedom of speech.
35 min
18: The New Deal: The Constitution Transformed
Interpretations of the Constitution often are intertwined with the economy. Following the stock market crash of 1929 and his election in 1932, President Roosevelt made the case for dramatic changes to save the country. Survey the changes and reforms FDR enacted as part of his “New Deal”—and reflect on their constitutionality.
36 min
19: Challenging Jim Crow in the Courts
The legal transformations of the New Deal brought about remarkable constitutional change, as well as new protections for everyday Americans. But with Jim Crow laws still on the books in many states, not everyone benefitted from the New Deal. Delve into many post-World War II-era civil rights cases that broke the back of Jim Crow.
36 min
20: The Backlash against Brown v. Board of Education
The landmark Supreme Court case Brown v. Board of Education legally ended segregation, but it did not provide a blueprint for desegregation in American schools. For that, a nationwide civil rights movement was needed, culminating in the passage of the Civil Rights Act in 1964.
35 min
21: The ERA and the Battle over Women’s Rights
Alongside the push for civil rights, women were engaged in their own battle for equality of the sexes. Review the case law and the push for an Equal Rights Amendment guaranteeing rights for women—and find out why activist Phyllis Schlafly worked to defeat it. Although the amendment failed, see what litigation and legislation accomplished in the 1970s.
38 min
22: Conservatism, Christianity, and the Court
In another swing of the pendulum, the progressive movement of civil rights and women’s equality in the mid-20th century gave way to religious revival and a conservative backlash in the 1980s. Dive into the Reagan era and the new battle for control over the Supreme Court.
38 min
23: History in Constitutional Interpretation
How much, if at all, should history figure into constitutional interpretation? Throughout this course, we have seen how historical events have shaped constitutional law. In this penultimate lecture, take a step back to consider the debate over the Framers’ intentions and the “originalist” interpretation of the Constitution.
36 min
24: The Unresolved Constitution
The American experiment continues. Despite more than two centuries of debates, disagreements, reforms, and setbacks, Americans continue to push for change. In our present age, the political divide and media noise arguably pose a unique threat to the Constitution. What happens next? Will we continue the search for a more perfect union?
41 min
