Syllabus for
POLS 412
Constitutional Law
III
Civil Liberties:
The First
Amendment and the Right to Privacy
This course focuses on three areas of
constitutional interpretation. Through a review of various U.S. Supreme Court cases
and related material, we will examine the concepts of religious liberty,
freedom of speech, and privacy. In each area, we will also study the Court as a
political institution, paying particular attention to the voting behavior of
the justices. Can Supreme Court justices be classified as “liberal” or
“conservative?” If so, how does this
affect their interpretation of the constitution?
T TH
2:00 - 3:15 DU 459
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, the role of the
constitution, and the U.S. Supreme Court.
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:
Rights, Liberties & Justice, 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. All required opinions are
due on the dates listed on the syllabus. All extra credit papers are due at the
end of the semester as specified on the syllabus. 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 effect 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
Course
Calendar
Week 1 Course Introduction & Free
Exercise I
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 Foundations: Cantwell v. Connecticut
(1940) and Sherbert v. Verner
(1963) (Optional Background Information – Epstein & Walker introductory
material; The U.S. Constitution located in the back of the book).
Week 2 Free Exercise II
T Aug 29 Wisconsin
v. Yoder (1972) and Employment
Division v. Smith “The Peyote Case” (1990)
TH Sep 1 No Class
Week 3 Free Exercise III and Establishment
T Sep 6 Church of
the Lukumi v. Hialeah (1993) (on-line only: abridged; full)
and City of Boerne v.
Flores (1997)
TH Sep 8 Locke v. Davey
(2004) (on-line only: abridged;
full—Rehnquist
& Scalia only) and Everson v. Board of
Education (1947)
Week 4 Establishment: Aid to Religious
Schools
T Sep 13 Lemon v.
Kurtzman (1971) Edwards
v. Aguillard (1987)
TH Sep 15 Aguilar v.
Felton (1985) (on-line only: abridged; full)
and Agostini v. Felton
(1997)
Week 5 Establishment: Aid to Religious
Schools & School Prayer
T Sep 20 Aid to Religious Schools: Mitchell v. Helms
(2000) (on-line only: abridged,
full)
and Zelman v. Simmons-Harris
(2002)
TH Sep 22 School Prayer—The Warren Court: Engel v. Vitale (1962)
(on-line only: abridged,
full)
and School District of
Abington Township v. Schempp (1963)
Week 6 Establishment: School Prayer
T Sep 27 The Burger Court: Marsh v. Chambers (1983)
(on-line only: full)
and Wallace v. Jaffree
(1985) (on-line only: abridged;
full).
TH Sep 29 The Rehnquist Court: Lee v. Weisman (1992) and Santa Fe Independent School
District v. Doe (2000) (on-line only: abridged; full).
Week 8 Establishment: Government Endorsement of Religion
T Oct 11 The Ten Commandments Cases: Van Orden v. Perry
(2005) (on-line only; abridged,
full)
and McCreary County v.
ACLU (2005) (on-line only; abridged, full).
TH Oct 13 CONFERENCE
DAY I - Justices meet to deliberate
and vote on cases.
PRIVACY
Week 9 Reproductive Freedom
T Oct 18 Griswold v. Connecticut
(1965) and Roe v. Wade
(1973).
TH Oct 20 Planned Parenthood v. Casey
(1992) and Stenberg v.
Carhart (2000) (on-line only: abridged, full—Breyer,
Scalia, & O’Connor only) everyone must read O’Connor’s
concurrence (on-line only).
Week 10 Intimacy & The Right to Die
T Oct 25 Intimacy: Bowers v. Hardwick (1986)
and Lawrence v. Texas
(2003).
TH Oct 27 The
Right to Die: Cruzan v.
Missouri Dept. of Health (1990) and Washington v. Glucksberg
(1997) (on-line only: abridged, full).
Week 11 Conference II & Speech in Times of Crisis
T Nov 1 CONFERENCE
DAY II - Justices meet
to deliberate and vote on cases. Final opinions from Conference I due
today.
TH Nov 3 Speech in Times of Crisis: Schenck v. United States
(1919), Abrams v. United
States (1919), and Gitlow
v. New York (1925). Optional: Listen to remarks by Justice Oliver Wendell Holmes, Jr.
on his 90th birthday.
Week 12 Speech in Times of Crisis
T Nov 8 Dennis v. United States
(1951), Brandenburg v.
Ohio (1969). Symbolic Speech: United States v. O'Brien
(1968).
TH Nov 10 Symbolic Speech: Tinker v. Des Moines
(1969), Texas v. Johnson
(1989).
Week 13 Regulating Expression
T Nov 15 Fighting Words: Chaplinsky v. New Hampshire
(1942) and Cohen v.
California (1971).
TH Nov 17 Hill v.
Colorado (2000) and Virginia
v. Black (2003) (on-line only: abridged, full—O’Connor,
Thomas, and Souter only).
Week 14 Money as Political Speech
T Nov 22 Money as Political Speech: Buckley v. Valeo (1976)
and McConnell v. FEC
(2003) (on-line only: abridged,
full—Stevens/O’Connor
opinion, Rehnquist dissent, Scalia, Thomas, and Kennedy only). Go to http://www.opensecrets.org/orgs/index.asp to find
out who gives what to whom. Final opinions from
Conference II and all extra credit papers due.
TH Nov 24 No Class
Week 15 Obscenity
T Nov 29 Roth v.
United States (1957) and Miller v. California
(1973).
TH Dec 1 New York
v. Ferber (1982) and Ashcroft
v. ACLU II (2004) (on-line only: full—Kennedy and Breyer
only).
Week 16 Final Exam