Syllabus for
POLS 410
Constitutional Law I
Foundations, Institutions and Powers
This
course covers the foundations of American constitutional law. We examine the
concept of judicial review and the relationship between the Supreme Court and
the elected branches of government: Congress and Presidency. We explore the
issues of war and emergency power, the commerce clause, the power to tax and
spend, and most importantly, the concept of federalism. Through a discussion of
a number of Supreme Court cases on these topics, we will determine whether
American political and constitutional development is best understood as a
series of battles and resultant regime changes from more nationalist-oriented
cooperative federalists to more states-rights oriented dual federalists.
T TH 9:30 - 10:45 DU 246
Instructor: Artemus Ward
Office: 410 Zulauf Hall
Office Phone: 815-753-7041
E-mail: aeward@niu.edu
Office Hours: T TH 10:45-12:00pm & by appointment
Learning
Objectives:
1. To think critically about the American form of
government.
2. To gain experience and knowledge by thinking critically about and
participating in supreme court decision-making exercises.
3. To gain knowledge of the process and politics of constitutional decision-making.
Required
Text:
Lee Epstein and Thomas Walker. Constitutional Law for
a Changing America: Institutional Powers & Constraints, 5th ed.
(Washington, DC: Congressional Quarterly Press, 2004).
Course Requirements:
Attendance and
In-Class Participation -- all students are required to attend each class and
participate when called on. Therefore, you must come to each class and be
prepared to discuss that day's assigned cases. I will randomly call on students
so that everyone has an equal chance to participate. Your in-class
participation grade is primarily based on those instances in which you are
called on. Being unprepared or absent on those days will severely hurt this
part of your grade. Though it is no substitute for being absent or unprepared
on the days you are called on, you can help your participation grade by
volunteering as often as you wish.
On-Line Participation
-- Also, each student is required to go on-line each week through Blackboard,
read the messages posted to the discussion board, and post at least one (and
not more than two) messages of your own about that week’s course material
and/or current events that relate to the course such as developments in the
U.S. Supreme Court. Toward that end, you may want to regularly consult the leading
Supreme Court blog at http://www.goldsteinhowe.com/blog/.
Participation in the
Supreme Court decision-making exercise and paper - all students are required to
participate in the exercise acting as a Supreme Court Justice. Failure to
attend a conference day will result in a reduction of one full grade on your
overall course participation grade. No exceptions. Each student is required to
write one 5-6 pp. paper written in the form of an opinion (either majority,
concurring, or dissenting) on one moot court case. You may write additional
opinions for a maximum of one full grade extra credit on your paper grade. For
example, one 2-3 page paper is worth 1/3 a grade boost on your main paper
grade. Three 2-3 page papers can get you the maximum full-grade boost. Also one
full-length 5-6 page paper can also be worth one full-grade extra credit. See
the course documents section for further details.
Final Exam -- the exam
is comprehensive and you may use your notes and briefs on the final. You may
not use the book or any other material that is not your own work with the
exception of a copy of the syllabus and the U.S. Constitution.
Graduate Students --
students taking the course for graduate credit must complete a 15-20pp.
research paper in addition to the course requirements. See me as early in the
semester as possible to discuss this.
Grading
System:
Final grades will be determined by the following scale:
90-100 = A
80-89 = B
70-79 = C
60-69 = D
0-59 = F
|
... |
% of
Total Grade |
|
Attendance |
20% |
|
On-Line Participation |
10% |
|
In-Class Participation |
10% |
|
5-6 Page Moot Court Paper |
30% |
|
Final Exam |
30% |
|
Total |
100% |
1. Extracurricular
Activities - It is your responsibility to notify me in advance of any
activities that will disrupt your attendance. If your activities make it
impossible for you to attend classes each week, you should consider withdrawing
from the course. Material is covered in class that cannot be found in the
course readings.
2. Late Work -
Anything turned in late will be marked down one-third grade for every day it is
overdue. Exceptions are made only in the most extraordinary circumstances and I
will require some sort of documentation to make any accommodation.
3. Cheating and
Plagiarism - Students cheating and plagiarizing will fail the assignment on
which they have committed the infraction and will be referred to the
appropriate judicial board for disciplinary action. The submission of any work
by a student is taken as guarantee that the thoughts and expressions in it are
the student's own except when properly credited to another. Violations of this
principle include giving or receiving aid in an exam or where otherwise
prohibited, fraud, plagiarism, or any other deceptive act in connection with academic
work. Plagiarism is the representation of another's words, ideas, opinions, or
other products of work as one's own, either overtly or by failing to attribute
them to their true source.
4. Undergraduate
Writing Awards - The Department of Political Science will recognize, on an
annual basis, outstanding undergraduate papers written in conjunction with
300-400 level political science courses or directed studies. Authors do not
have to be political science majors or have a particular class standing. Winners
are expected to attend the Department's spring graduation ceremony where they
will receive a certificate and $50.00. Papers, which can be submitted by
students or faculty, must be supplied in triplicate to a department secretary
by the end of February. All copies should have two cover pages - one with the
student's name and one without the student's name. Only papers written in the
previous calendar can be considered for the award. However, papers completed in
the current spring semester are eligible for the following year's competition
even if the student has graduated.
5. Statement
Concerning Students with Disabilities - Under Section 504 of the Rehabilitation
Act of 1973, NIU is committed to making reasonable accommodations for persons
with documented disabilities. Those students with disabilities that may have
some impact on their coursework and for which they may require accommodations
should notify the Center for Access-Ability Resources (CAAR) on the fourth
floor of the Health Services Building. CAAR will assist students in making
appropriate accommodations with course instructors. It is important that CAAR
and instructors be informed of any disability-related needs during the first
two weeks of the semester.
6. Department of
Political Science Web Site - Undergraduates are strongly encouraged to consult
the Department of Political Science web site on a regular basis. This
up-to-date, central source of information will assist students in contacting
faculty and staff, reviewing course requirements and syllabi, exploring
graduate study, researching career options, tracking department events, and
accessing important details related to undergraduate programs and activities.
To reach the site, go to http://polisci.niu.edu.
Week 1 Course Introduction
T Jan 18 Introduction, syllabus review, how to brief a case, using
Blackboard: see http://www.helpdesk.niu.edu/its/helpdesk/blackboard_support.shtml
TH Jan 20 Judicial Review: Marbury v. Madison
(1803), Martin v.
Hunter's Lessee (1816). (Optional Background Information – Epstein &
Walker pp. 3-62; The U.S. Constitution p. 661)
Week 2 The Judiciary & The
Legislature
T Jan 25 Constraints on Judicial Power: Ex parte McCardle (1869),
Nixon v. United States
(1993).
TH Jan 27 The Legislature: Independence and Internal Affairs: Powell v. McCormack
(1969), U.S. Term Limits
v. Thornton (1995).
Week 3 The Legislature
T Feb 1 McCulloch
v. Maryland (1819) and McGrain
v. Daugherty (1927).
TH Feb 3 Watkins v.
United States (1957) and Barenblatt
v. United States (1959).
Week 4 The Executive
T Feb 8 Mississippi
v. Johnson (1867) and In
re Neagle (1890).
TH Feb 10 Watergate: United
States v. Nixon (1974). Listen to Nixon Oval Office Tapes: "Smoking Gun"
Haldeman and Nixon, RA 6:27. "Cancer
on the Presidency" & Blackmail Dean and Nixon, RA 3:33; 29:30; and
Murphy v. Ford (1975).
Week 5 The Executive
T Feb 15 Nixon v.
Fitzgerald (1982) and Morrison
v. Olson (1988). Go to http://slate.msn.com/id/2093429/
for an article on the current status of "independent counsels" and
"special prosecutors."
TH Feb 17 Clinton
v. Jones (1997). Listen to Clinton's
comments on the Jones Affair. For more on the women in Bill Clinton's life:
http://www.comedyontap.com/features/presgirls.html;
and Clinton
v. New York (1998).
Week 6 Separation of Powers: War
T Feb 22 The Prize
Cases (1863) and Ex
parte Milligan (1866).
TH Feb
24 WWII:
Listen to FDR ask Congress to
Declare War on Japan; Ex
parte Quirin (1942) and Korematsu
v. United States (1944).
Week 7 Separation of Powers: War
T Mar 1 Youngstown
Sheet & Tube v. Sawyer (1952) and Hamdi v.
Rumsfeld (2004). Read all opinions; On-line only.
TH Mar 3 Conference Day I -- Justices meet to deliberate and vote on cases.
Week 8 Federalism I
T Mar 8 The Doctrinal Cycle: McCulloch v. Maryland
(1819) and Dred Scott v.
Sandford (1857). In-Class: watch excerpt from Africans in America,
on slavery and the constitution, 5 min.
TH Mar 10 Lochner
v. New York (1905) and Hammer
v. Dagenhart (1918).
Week 9 Spring Break
Week 10 Federalism II
T Mar 22 West Coast
Hotel v. Parrish (1937) and United States v. Darby Lumber
(1941).
TH Mar 24 New York
v. United States (1992) and Printz v. United States
(1997).
Week 11 Commerce
T Mar 29 Commerce - Foundations:Gibbons v. Ogden (1824), United States v. E.C. Knight
(1895), Stafford v.
Wallace (1922).
TH Mar 31 The New Deal: Schechter Poultry v. United
States (1935) and Carter
v. Carter Coal (1936). Final
opinions from Conference I due.
Week 12 Commerce II
T Apr 5 The Court-Packing
Plan: Listen to FDR's Fireside Chat; N.L.R.B. v. Jones &
Laughlin (1937) and Wickard
v. Filburn (1942).
TH Apr 7 Modern Limits: United States v. Lopez
(1995) and United States
v. Morrison (2000).
Week 13 Contract Clause
T Apr 12 Conference Day II - Justices meet to deliberate and vote on cases.
TH Apr 14 Foundations: Fletcher v. Peck (1810)
and Dartmouth College v.
Woodward (1819).
Week 14 Contract Clause II
T Apr 19 Decline: Charles
River Bridge v. Warren Bridge (1837) and Stone v. Mississippi
(1880).
TH Apr 21 Revitalization: Home Building & Loan
Assn. v. Blaisdell (1934), United States Trust Co. v.
New Jersey (1977).
Week 15 The Takings Clause
T Apr 26 United
States v. Causby (1946) and Penn Central Transportation
Company v. City of New York (1978).
TH Apr 28 Berman
v. Parker (1954) and Nollan
v. California Coastal Commission (1987).
Week 16 The Disputed Election of 2000
T May 3 Bush v.
Gore (2000). Read Majority and Concurring Opinions only.
TH May 5 Bush v. Gore continued. Read all dissenting opinions.
Final opinions from Conference II due.
Week 17 Final Exam Thursday May 12, 10:00am-11:50am.