Northern
Department
of Political Science
POLS 410
Constitutional Law I
Separation of Powers, Federalism,
and Economic
The course begins and ends with the U.S. Constitution. What does it
mean? Can the founders—former British subjects—help us? Maybe
so, maybe not. One thing, however, is abundantly clear: the idea that
the founding fathers had a unified vision of
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 2010
T TH 11:00
- 12:15 DU 459
Instructor: Artemus Ward
Office: 410 Zulauf Hall
Office Phone: 815-753-7041
E-mail: aeward@niu.edu
Website: http://polisci.niu.edu/polisci/faculty/ward/
Office Hours: T 1:30pm-4:30pm & 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
Course Requirements
|
Mid-Term
Exam The mid-term will be an on-line, objective test
consisting of both true-false and multiple choice questions. The material
covered will be the cases listed on the syllabus up to the mid-term exam
date. The test will be available on Blackboard for a 24-hour period. You may
take the test at any time during that window. Once you begin the exam, you
will have 30 minutes to answer 25 questions. Each question is worth 4 points
each for a total of 100 points. |
|
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
paper grade for each conference missed. 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 the same format as the midterm but will only include the course
material covered AFTER the midterm exam. |
|
|
Grading System
Final grades will be determined by the following
scale:
|
Grade |
Percent |
General
Grading Definition |
|
A |
90-100 |
Excellent |
|
B |
80-89 |
Very
Good |
|
C |
70-79 |
Average |
|
D |
60-69 |
Below
Average |
|
F |
0-59 |
Failure |
Grade
Breakdown:
|
Requirement |
% of Total Grade |
|
Mid-Term Exam |
30% |
|
|
40% |
|
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 24 Course Introduction, syllabus review.
TH Aug 26 Introduction to the
U.S. Supreme Court; how to brief a case.
Read – Epstein
& Walker introductory material pp. 3-57, the U.S. Constitution in back of
book, and Kerr’s “How to Read a Legal Opinion” in the course documents section
of Blackboard.
Week 2 The Judiciary
T Aug 31 Judicial Review: Marbury v. Madison
(1803), Martin v.
Hunter's Lessee (1816).
TH Sep 2 No
Class. Annual
Meeting of the American Political Science Association, Washington DC.
Week 3 The
Judiciary & the Legislature
T Sep 7 Constraints: Ex parte McCardle (1869), Nixon v.
TH Sep 9 Internal Affairs: Powell v. McCormack
(1969), U.S.
Term Limits v. Thornton (1995).
Week 4 The Legislature & The Executive
T Sep 14 Sources & Scope of Legislative Power: McCulloch v. Maryland
(1819), McGrain v. Daugherty (1927).
TH Sep 16 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 21 Domestic Powers: Morrison v. Olson
(1988), Clinton
v. Jones (1997).
TH Sep 23 No
Class.
Week 6
Separation of Powers: War I
T Sep 28 Civil War: The Prize Cases
(1863), Ex parte Milligan (1866).
TH Sep 30 WWII: Ex parte Quirin (1942), Korematsu
v. United States (1944).
Week 7
Separation of Powers: War II
T Oct 5 Youngstown Sheet &
Tube v. Sawyer (1952), Hamdan
v. Rumsfeld (2006).
TH Oct 7 Conference Day I -- Justices meet to deliberate and vote on cases. Midterm
Exam will be available on-line for a 24-hour period
beginning at the end of class.
Week
8 Federalism: The Doctrinal Cycle I
T Oct 12 McCulloch v. Maryland (1819), Dred Scott v. Sandford (1857).
TH Oct 14 Lochner
v.
Week 9
Federalism: The Doctrinal Cycle II
T Oct 19 No Class.
TH Oct 21 West
Coast Hotel v. Parrish (1937), United States v. Darby
Lumber (1941), New York v. United
States (1992).
Week 10
Doctrinal Cycle III & Commerce I
T Oct 26 Printz v. United States (1997), Gibbons v. Ogden
(1824), United
States v. E.C. Knight (1895). Final opinions from Conference I due.
TH Oct 28 No Class.
Week 11
Commerce II
T Nov 2 New Deal: Stafford v. Wallace
(1922), Schechter
Poultry v. United States (1935), Carter v. Carter Coal
(1936).
TH Nov 4 Expansion: N.L.R.B. v. Jones
& Laughlin (1937), Wickard
v. Filburn (1942). Retraction: United States v.
Lopez (1995).
Week 12
Conference Day II
T Nov 9 Modern Limits: United States v.
Morrison (2000), Gonzales v. Raich (2005).
TH Nov 11 Conference Day II - Justices meet to deliberate
and vote on cases.
Week 13 Contract Clause
T Nov 16 Foundations: Fletcher v. Peck
(1810) and Dartmouth
College v. Woodward (1819).
TH Nov 18
Decline: Charles
River Bridge v. Warren Bridge (1837) and Stone v. Mississippi
(1880). Revitalization: Home Building &
Loan Assn. v. Blaisdell (1934).
Week 14 Eminent Domain
T Nov 23 Foundations: United States v. Causby (1946), Penn Central
Transportation Company v. City of New York (1978). Public Use: Berman v. Parker
(1954).
TH Nov 25 No Class.
Week 15 The Takings Clause and the Disputed Election of 2000
T Nov 30 Public Use: Hawaii Housing
Authority v. Midkiff (1984) and Kelo
v. City of New London (2005).
TH Dec 2 Bush v. Gore
(2000) Read Read Per Curiam, Rehnquist, Stevens, Ginsburg, and Breyer opinions
only.
Final opinions from Conference II and all extra credit opinions due.
Week 16 T Dec 7 Final Exam: Available on Blackboard for a 24-hour period beginning at 10am.