Syllabus for
POLS 411
Constitutional Law I
Civil Rights: Race, Sex, & Sexual
Orientation Discrimination
Civil rights and civil liberties are distinct concepts. Civil rights
emanate from the concept of equality. Unlike civil liberties which are personal
freedoms protected by the Bill of Rights (such as religious freedom, free
speech, privacy, etc.), civil rights issues involve the status of persons with
shared characteristics who have been historically disadvantaged in some way.
Therefore, issues of race, sex, and sexual orientation will be the primary
focus of our discussion. We will read representative Supreme Court cases and
other material in order to understand how civil rights have developed in
American political history. In addition to our readings and in-class
discussions, students will participate as justices in moot court
decision-making exercises. In the end we will critically assess the role of the
Supreme Court. Have the justices done too little or gone too far in the area of
civil rights?
T TH 2:00 - 3:15 DU 246
Instructor:
Artemus Ward
Office: 410 Zulauf Hall
Office Phone: 815-753-7041
E-mail: aeward@niu.edu
Office Hours: T TH 1:00-2:00pm & by appointment
Learning Objectives:
1. To think critically about the
American form of government, particularly the 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). THE RED BOOK
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 by Friday 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. 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 exam is a comprehensive essay.
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. 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 discussion. 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:
90-100 = A
80-89 = B
70-79 = C
60-69 = D
0-59 = F
|
Undergraduate Grade
Breakdown: |
% 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 Introduction
& Slavery
T Jan 17 Introduction, syllabus review, how to brief a case, using
Blackboard: see http://www.helpdesk.niu.edu/its/helpdesk/blackboard_support.shtml
TH Jan 19 Slavery: Dred Scott v. Sandford
(1857) (on-line only: abridged; full:
Taney only); The Slaughterhouse Cases
(1873) (on-line only: abridged; full:
all but Swayne); Optional Background Information: Introductory material in
Epstein & Walker and the Constitution in the back of the book).
Week 2 19th Century
Racial Discrimination
T Jan 24 United
States v. Harris (1883) (on-line only: full);
The Civil Rights Cases
(1883) (on-line only: abridged; full);
TH Jan 26 Yick
Wo v. Hopkins (1886) (on-line only: abridged;
full); Plessy
v. Ferguson (1896).
Week 3 Early 20th
Century Racial Discrimination
T Jan 31 Missouri
ex rel. Gaines v. Canada (1938) (on-line only: abridged; full);
Shelley v. Kraemer
(1948); Film: New York: Episode Six (1929-1941)—section on racial
segregation in housing, “racial redlining” (10 minutes).
TH Feb 2 Sweatt v.
Painter (1950); McLaurin v.
Oklahoma State Regents (1950) (on-line only: abridged; full).
Week 4 Racial Discrimination and
the Warren Court
T Feb 7 Brown v.
Board of Education (I) (1954), Brown v. Board of Education
(II) (1955), Bolling
v. Sharpe (1954) (on-line only: abridged;
full).
TH Feb 9 Burton v. Wilmington
Parking Authority (1961); Heart of Atlanta Motel v.
United States (1964) (on-line only: full).
Week 5 Racial Discrimination
from the Warren Court to the Rehnquist Court
T Feb 14 Loving v.
Virginia (1967); Swann
v. Charlotte-Mecklenburg (1971).
TH Feb 16 Moose
Lodge #107 v. Irvis (1972); Board of Education
of Oklahoma City Public Schools v. Dowell (1991) (on-line only: abridged; full).
Week 6 Racial Discrimination in
Contemporary Public Schools & Affirmative Action
T Feb 21 Freeman
v. Pitts (1992) (on-line only: abridged;
full);
United States v. Fordice
(1992) (on-line only: abridged; full,
White only).
TH Feb 23 Affirmative Action: Regents of the University of
California v. Bakke (1978); City of Richmond v. J.A.
Croson Co. (1989).
Week 7 Racial Discrimination:
Affirmative Action & Conference Day I
T Feb 28 Adarand
Constructors v. Pena (1995); Grutter v. Bollinger
(2003).
TH Mar 2 Conference Day I -- Justices meet to deliberate and vote on cases.
Sex
Discrimination
Week 8 Sex Discrimination:
Foundations
T Mar 7 Bradwell v.
Illinois (1873) (on-line only: abridged;
full);
Minor v.
Happersett (1875) (on-line only: full).
TH Mar 9 Muller v.
Oregon (1908) (on-line only: full)
[Optional: Read the famous “Brandeis Brief”
from Muller]; Goesaert v. Cleary
(1948) (on-line only: full).
Week 9 Spring Break
Week 10 Sex Discrimination from
the Warren to Burger Courts
T Mar 21 Hoyt v.
Florida (1961) (on-line only: full);
Reed v. Reed (1971).
TH Mar 23 Frontiero
v. Richardson (1973); Craig
v. Boren (1976).
Week 11 Sex Discrimination &
the Burger Court
T Mar 28 Orr
v. Orr (1979) (on-line only: full);
Michael M. v. Superior
Court of Sonoma County (1981) (on-line only: abridged; full,
Rehnquist & Brennan only).
TH Mar 30 Rostker
v. Goldberg (1981); Mississippi
University for Women v. Hogan (1982) (on-line only: abridged; full,
O’Connor & Powell only). Final opinions
from Conference I due.
Week 12 Sex Discrimination &
the Rehnquist Court
T Apr 4 Johnson v. Transportation
Agency of Santa Clara (1987) (on-line only: abridged; full,
Brennan & Scalia only); J.E.B. v. Alabama ex rel.
T.B. (1994) (on-line only: abridged;
full,
all but Rehnquist).
TH Apr 6 United
States v. Virginia (1996); Tuan Anh Nguyen v. INS
(2001) (on-line only: abridged; full,
Kennedy & O’Connor only).
Week 13 Conference Day II &
Other Forms of Discrimination
T Apr 11 Conference Day II - Justices meet to deliberate and vote on cases.
TH Apr 13 Genetics: Buck
v. Bell (1927) (on-line only: full);
Economics: San Antonio
Independent School District v. Rodriguez (1973).
Week 14 Other Froms of
Discrimination
T Apr 18 National Origin: Plyler v. Doe (1982)
(on-line only: abridged; full,
Brennan, Marshall, & Burger only); Residency: Seanez v. Roe (1999).
TH Apr 20 The Burger Court: Moore v. East Cleveland
(1977) (on-line only: full,
Powell, Brennan, & Burger only); Bowers v. Hardwick
(1986).
Week 15 Gay Rights and the
Rehnquist Court I
T Apr 25 Michael H. v. Gerald
D. (1989) (on-line only: full,
Scalia & Brennan only); Hurley v. Irish-American
Gay, Lesbian and Bisexual Group of Boston (1995) (on-line only: abridged;
full).
TH Apr 27 Romer
v. Evans (1996); Oncale v. Sundowner
Offshore Services (1998) (on-line
only: full).
Week 16 Gay Rights and the
Rehnquist Court II
T May 2 Boy
Scouts of America v. Dale (2000).
TH May 4 Lawrence v. Texas
(2003). Final
opinions due from Conference II.