Contemporary Challenges to Constitutional Order

Reflective Analysis: Contemporary Challenges to Constitutional Order
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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...