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 3:30 - 4:45 DU 461
Instructor:
Artemus Ward
Office: 410 Zulauf Hall
Office Phone: 815-753-7041
E-mail: aeward@niu.edu
Office Hours: T TH 11:00am-2:00pm & 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 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 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.
Also, each student is required to go on-line each
week through Blackboard. You are required to read each message 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.scotusblog.com
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 extra credit. One
quality 2-3-page paper that covers 1/3 of the required opinions is worth 1/3 a
grade boost on your main paper grade. A quality 4-page paper that covers 2/3 of
the required opinions is worth 2/3 a grade boost on your main paper grade. A
quality 5-6-page paper that covers all of the required opinions is worth 1 full
grade boost on your main paper grade. The maximum amount of extra credit you
can gain is one full grade boost—that means one 5-6 page paper, or one 2-3 page
paper and one 4 page paper, or three 2-3 page papers. 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. There are several options. You may expand the required
paper using additional cases, law review and other journal articles, and books.
If you choose this option, this is the only paper you need to hand in. You may
also do another type of research paper that is related to the course material
such as an annotated bibliography, research proposal for a Master’s Thesis or
Doctoral Dissertation, or another type of original research. If you choose any
of these options, you will hand in this paper in addition to the required 5-6
page paper. See me as early in the semester as possible to discuss your choice.
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 |
|
On-Line Participation |
10% |
|
Attendance |
15% |
|
In-Class Participation |
15% |
|
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 Aug 23 Introduction, syllabus review, how to brief a case, using
Blackboard: see http://www.helpdesk.niu.edu/its/helpdesk/blackboard_support.shtml
TH Aug 25 Judicial
Review: Marbury v. Madison (1803), Martin
v. Hunter's Lessee (1816). (Optional Background Information –
Epstein & Walker introductory material, the U.S. Constitution in back of
book).
Week 2 The Judiciary
& The Legislature
T Aug 29 Constraints on Judicial Power: Ex
parte McCardle (1869), Nixon
v. United States (1993). The Legislature—Internal Affairs: Powell
v. McCormack (1969).
TH Sep 1 No Class.
Week 3 The
Legislature
T Sep 6 U.S. Term Limits v. Thornton (1995) and McCulloch
v. Maryland (1819).
TH Sep 8 McGrain v. Daugherty (1927), Watkins
v. United States (1957), and Barenblatt
v. United States (1959).
Week 4 The Executive
T Sep 13 Foundations: Mississippi
v. Johnson (1867) and In
re Neagle (1890).
TH Sep 15 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 Sep 20 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 Sep 22 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 Sep 27 The Prize Cases (1863) and Ex
parte Milligan (1866).
TH Sep 29 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 Oct 4 Youngstown Sheet & Tube v. Sawyer (1952) and
Hamdi v. Rumsfeld
(2004) (on-line only: abridged, full).
TH Oct 6 Conference
Day I -- Justices meet to deliberate and vote on cases.
Week 8 Federalism:
The Doctrinal Cycle I
T Oct 11 From Cooperative to Dual Federalism: McCulloch v. Maryland
(1819), Dred Scott v. Sandford
(1857), and Pollock v. Farmers’
Loan & Trust Co. (1895).
TH Oct 13 Dual Federalism Reigns: Lochner v. New York
(1905), Hammer v.
Dagenhart (1918), Adkins
v. Children’s Hospital (1923).
Week 9 Federalism
II
T Oct 18 Cooperative Federalism Reigns: West Coast Hotel v. Parrish
(1937), United States v.
Darby Lumber (1941), and Williamson v. Lee Optical
Co. (1955).
TH Oct 20 Dual Federalism Returns: New York v. United States
(1992) and Printz v.
United States (1997).
Week 10 Commerce
T Oct 25 Foundations: Gibbons v. Ogden (1824), United States v. E.C. Knight
(1895), Stafford v.
Wallace (1922).
TH Oct 27 The New Deal: Schechter Poultry v. United
States (1935), Carter
v. Carter Coal (1936), and N.L.R.B. v. Jones &
Laughlin (1937). The Court-Packing
Plan: Listen to FDR's Fireside Chat. Final opinions from Conference I due.
Week 11 Commerce
II
T Nov 1 Expansion: Wickard
v. Filburn (1942). Retraction: United States v. Lopez
(1995).
TH Nov 3 Modern Limits: United States v. Morrison
(2000) and Gonzales v.
Raich (2005) (on-line only: abridged, full).
Week 12 Conference
Day II & Contract Clause I
T Nov 8 Conference Day II - Justices meet to deliberate and vote on cases.
TH Nov 10 Foundations: Fletcher
v. Peck (1810) and Dartmouth
College v. Woodward (1819).
Week 13 Contract
Clause II & Takings I
T Nov 15 Decline: Charles River Bridge v. Warren Bridge (1837)
and Stone v. Mississippi (1880). Revitalization: Home
Building & Loan Assn. v. Blaisdell (1934).
TH Nov 17 Takings: United States v. Causby (1946), Penn
Central Transportation Company v. City of New York (1978), and Berman v. Parker (1954).
Week 14 The
Takings Clause II
T Nov 22 Hawaii Housing
Authority v. Midkiff (1984) and Kelo v. City of New London
(2005) (on-line only: abridged, full).
TH Nov 24 No Class.
Week 15 The
Disputed Election of 2000
T Nov 29 Bush v. Gore (2000). Read Majority and
Concurring Opinions only.
TH Dec 1 Bush v. Gore continued. Read all dissenting opinions.
Final opinions from
Conference II and all extra credit opinions due.
Week
16 Final Exam