Northern
Department
of Political Science
POLS 410
Constitutional Law I
Separation of Powers, Federalism, and Economic
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, or whether something else is at work.
Is
Fall 2007 T TH 9:30 - 10:45 DU 461
Instructor:
Artemus Ward
Office: 410 Zulauf Hall
Office Phone: 815-753-7041
E-mail: aeward@niu.edu
Office Hours: T 12:30pm-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
Course Requirements
|
Attendance All students are required to attend each class. A sign-in sheet will
passed around at the start of each class. It is your responsibility to
LEGIBLY sign the attendance sheet each day. If I can’t read it, you weren’t
there. |
|
In-Class
Participation All students are required to participate when called on in class. 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. |
|
On-Line
Participation All students are required to go on-line each week through Blackboard.
You are required to read each message posted to the discussion board, and by
Friday post at least one (and not more than two) quality 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 as well as
C-SPAN’s regular “America
& the Courts” coverage, which generally airs Saturday’s at 6pm CST. |
|
Moot Court and Paper 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. IT IS ESSENTIAL THAT YOU FOLLOW THE SUGGESTIONS ON THE
“PAPER TIPS” DOCUMENT located in the “course documents” section of
Blackboard. |
|
Extra Credit 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 final
exam is a comprehensive essay covering the entire course. You will be asked
to answer an overall question based on specific opinions in the cases we have
read. You may use your notes, briefs, or anything that is your own work. 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. Can your
notes/briefs be typed? Of course they can. The final will take the entire exam
period so managing your allotted time well is essential. Bring a blue book or
two and something to write with. Write legibly. If I can’t read it, I can’t
grade it. |
|
Graduate Students Students taking the course for graduate credit ONLY have to complete a
15-20pp. research paper. Graduate students have no other course requirements.
Of course it is understood that at the graduate level you will do all of the
assigned readings, attend every class, and consistently participate in class
discussions and the moot courts. There are several options for the required
paper. You may expand the required undergraduate paper using additional
cases, law review and other journal articles, and books. 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 other type of original research. See me as early in
the semester as possible to discuss your choice. Graduate students do not
need to write the 5-6 pp. paper required of all undergraduates nor take the
final exam, unless of course you want to for fun! Your grade will be based
70% on your paper and 30% on participation. |
Grading System
Final grades will be determined by the following scale:
|
Grade |
Percent |
General Grading
Definition |
|
A |
90-100 |
High
participation, submits high quality work, shows interest in the course |
|
B |
80-89 |
Participates actively,
submits good quality work consistently |
|
C |
70-79 |
Some
participation, submits average quality work |
|
D |
60-69 |
Lack of
participation, below average quality work |
|
F |
0-59 |
Little or no
participation, submits unacceptable quality of work |
Grade
Breakdown:
|
Requirement |
%
of Total Grade |
|
Attendance |
20% |
|
In-Class Participation |
10% |
|
On-Line Participation |
10% |
|
|
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 - PLAGIARISM,
SIMPLY DEFINED, IS TAKING SOMEONE ELSE'S WORDS OR IDEAS AND REPRESENTING THEM
AS BEING YOUR OWN. It is specifically prohibited by University regulations, which
state:
Good academic work must be based on honesty. The
attempt of any student to present as his or her own work that which he or she
has not produced is regarded by the faculty and administration as a serious
offense. Students are considered to have cheated if they copy the work of
another during an examination or turn in a paper or an assignment written, in
whole or in part, by someone else. Students are guilty of plagiarism,
intentional or not, if they copy material from books, magazines, or other sources
without identifying and acknowledging those sources or if they paraphrase ideas
from such sources without acknowledging them. Students guilty of, or assisting
others in, either cheating or plagiarism on an assignment, quiz, or examination
may receive a grade of F for the course involved and may be suspended or
dismissed from the university. (Undergraduate Catalog)
4. 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
5.
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.
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 28 Introduction, syllabus review, how to brief a case. For help
using Blackboard, see: http://www.helpdesk.niu.edu/its/blackboard/student_support.shtml
TH Aug 30 No Class.
Week 2 The Judiciary
T Sep 4 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).
TH Sep 6 Constraints: Ex parte
McCardle (1869), Hamdan
v. Rumsfeld (2006).
Week 3 The
Legislature
T Sep 11 The Legislature—Internal Affairs: Powell v.
McCormack (1969), U.S.
Term Limits v. Thornton (1995).
TH Sep 13 Sources & Scope of Legislative Power: McCulloch v.
Maryland (1819), McGrain v.
Daugherty (1927).
Week 4 The
Legislature & The Executive
T Sep 18 Watkins v.
United States (1957), Barenblatt
v. United States (1959).
TH Sep 20 Watergate: United
States v. Nixon (1974), Nixon
v. Fitzgerald (1982). In class we will listen to the 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.
Week 5 The Executive
T Sep 25 Morrison
v. Olson (1988), Clinton
v. Jones (1997).
TH Sep 27 Clinton
v. New
York (1998), War Powers: The Prize
Cases (1863)
Week 6 Separation of
Powers: War I
T Oct 2 Ex parte
Milligan (1866), Ex
parte Quirin (1942).
TH Oct 4 Korematsu v.
United States (1944), Youngstown
Sheet & Tube v. Sawyer (1952).
Week 7 Separation of
Powers: War II
T Oct 9 War on Terror: Hamdi
v. Rumsfeld (2004) and Hamdan
v. Rumsfeld (2006).
TH Oct 11 Conference
Day I -- Justices meet to deliberate and vote on cases.
Week 8 Federalism:
The Doctrinal Cycle I
T Oct 16 From Cooperative to Dual Federalism: McCulloch v.
Maryland (1819), Dred Scott v.
Sandford (1857).
TH Oct 18 Dual Federalism Reigns: Lochner v. New York (1905), Hammer v.
Dagenhart (1918), Adkins v.
Children’s Hospital (1923).
Week 9 Federalism:
The Doctrinal Cycle II
T Oct 23 Cooperative Federalism Reigns: West Coast
Hotel v. Parrish (1937), United
States v. Darby Lumber (1941), and Williamson
v. Lee Optical Co. (1955).
TH Oct 25 Dual Federalism Returns: New York
v. United States (1992) and Printz
v. United States (1997).
Week 10 Commerce I
T Oct 30 Foundations: Gibbons v.
Ogden (1824), United
States v. E.C. Knight (1895), Stafford v.
Wallace (1922).
TH Nov 1 New Deal: Schechter
Poultry v. United States (1935), Carter v.
Carter Coal (1936), and N.L.R.B. v.
Jones & Laughlin (1937). Final opinions from Conference I due.
Week 11 Commerce
II
T Nov 6 Expansion: Wickard v. Filburn
(1942). Retraction: United
States v. Lopez (1995).
TH Nov 8 Modern Limits: United
States v. Morrison (2000) and Gonzales
v. Raich (2005) (on-line only: abridged, full).
Week 12 Conference
Day II & Contracts
T Nov 13 Conference Day II - Justices meet to deliberate and vote on cases.
TH Nov 15 Foundations: Fletcher v.
Peck (1810) and Dartmouth
College v. Woodward (1819).
Week 13 The
Contract Clause
T Nov 20 Decline: Charles River
Bridge v. Warren Bridge (1837) and Stone v.
Mississippi (1880). Revitalization: Home
Building & Loan Assn. v. Blaisdell (1934).
TH Nov 22 No Class.
Week 14 Eminent
Domain & the Takings Clause
T Nov 27 Foundations: United
States v. Causby (1946), Penn
Central Transportation Company v. City of New York (1978). Public Use: Berman v.
Parker (1954).
TH Nov 29 Public Use: Hawaii
Housing Authority v. Midkiff (1984) and Kelo v.
City of New London (2005).
Week 15 The
Disputed Election of 2000
T Dec 4 Bush v.
Gore (2000). Read Per Curiam and
Rehnquist opinions only.
TH Dec 6 Bush v.
Gore (2000) continued. Read Stevens, Ginsburg, and Breyer only.
Final opinions from
Conference II and all extra credit opinions due.
Week
16 Final Exam: Thurs. December 13, 10-11:50 a.m.