Northern
Spring 2007
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 larger political contexts in
which decisions are made as well as 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
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 2:00pm-3:15pm & 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
|
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 |
|
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
Course
Calendar
Week 1 Course Introduction & Incorporation
T Jan 16 Introduction, syllabus review, how to brief a case, using
Blackboard: see http://www.helpdesk.niu.edu/its/helpdesk/blackboard_support.shtml
TH Jan 18 Barron v.
Baltimore (1833) and Hurtado v. California (1884) (Optional
Background Information – Epstein & Walker introductory material; The U.S.
Constitution located in the back of the book).
Week 2 Incorporation
& Free Exercise I
T Jan 23 Palko v. Connecticut (1937) and Duncan v.
Louisiana (1968).
TH Jan 25 Free
Exercise Foundations: Cantwell v.
Connecticut (1940) and Sherbert v. Verner (1963).
Week 3 Free Exercise II
T Jan 30 Wisconsin
v. Yoder (1972) and Employment
Division v. Smith “The Peyote Case” (1990).
TH Feb 1 City of
Boerne v. Flores (1997) and Gonzales
v. O Centro Espitita Beneficente
Uniao Do Vegital (2006)
(on-line only: abridged,
full).
Week 4 Establishment: Foundations &
Aid to Religious Schools
T Feb 6 Foundations: Everson v.
Board of Education (1947) and Lemon v. Kurtzman (1971).
TH Feb 8 Aid to Religious
Schools: Agostini v. Felton (1997) and Zelman
v. Simmons-Harris (2002)
Week 5 Establishment: School Prayer I
T Feb 13 The Warren Court: Engel v.
Vitale (1962) (on-line only: abridged, full)
and School
District of Abington Township v. Schempp (1963).
TH Feb 15 The Burger Court: Marsh v.
Chambers (1983) (on-line only: full)
and Wallace
v. Jaffree (1985) (on-line only: abridged; full).
Week 6 Establishment: School Prayer II
T Feb 20 The
TH Feb 22 The Rehnquist Court
II: Santa Fe
Independent School District v. Doe (2000) (on-line only: abridged; full) and
Elk
Grove Unified School District v. Newdow (2004)
(on-line only: full).
Week 7 Establishment: Government Endorsement of Religion I
T Feb 27 Lynch
v. Donnelly (1984) (on-line only: abridged, full)
and County
of Allegheny v. ACLU (1989) (on-line only: abridged, full—Blackmun
& Kennedy only).
TH Mar 1 Capitol
Square Review Board v. Pinette (1995) (on-line only: full—Scalia
& Stevens only) and Locke
v. Davey (2004) (on-line only: abridged; full—Rehnquist
& Scalia only)
Week 8 Establishment:
Government Endorsement of Religion II
T Mar 6 The Ten Commandments Cases: McCreary
County v. ACLU (2005) (on-line only; abridged, full) and Van Orden v. Perry
(2005) (on-line only; abridged, full).
TH Mar 8 CONFERENCE DAY I - Justices meet to deliberate and vote on cases.
Week 9 Spring Break
PRIVACY
Week 10 Privacy: Foundations
T Mar 20 Foundations: Olmstead v.
United States (1928) (Brandeis only -- on-line only: abridged, full)
and Poe
v. Ullman (1961) (Harlan only – on-line only: abridged, full).
TH Mar 22 Reproductive Freedom: Griswold v.
Connecticut (1965) and Roe v.
Wade (1973).
Week 11 Privacy: Abortion & Intimacy
T Mar 27 Abortion: 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).
TH Mar 29 Intimacy: Bowers
v. Hardwick (1986) and Lawrence
v. Texas (2003).
Week 12 Conference II & Speech in Times of Crisis
T Apr 3 CONFERENCE
DAY II - Justices meet
to deliberate and vote on cases. Final opinions from Conference I due
today.
TH Apr 5 Speech in Times of Crisis: Schenck v. United States (1919), Abrams v.
United States (1919), and Gitlow v. New York (1925).
Week 13 Speech in Times of Crisis
T Apr 10 Dennis v.
United States (1951), Brandenburg
v. Ohio (1969). Symbolic Speech: United
States v. O'Brien (1968).
TH Apr 12 NO CLASS: Midwest
Political Science Association Annual Meeting, Palmer House Hilton, Chicago.
Week 14 Regulating Expression I
T Apr 17 Symbolic Speech: Tinker v.
Des Moines (1969), Texas v.
Johnson (1989).
TH Apr 19 Fighting Words: Chaplinsky v. New Hampshire (1942) and Cohen v.
California (1971).
Week 15 Expression II
T Apr 24 Hill v.
Colorado (2000) and R.A.V.
v. City of St. Paul (1992).
TH Apr 26 Money as Political Speech: Buckley
v. Valeo (1976) and McConnell
v. FEC (2003) (on-line only: abridged, full—Stevens/O’Connor
opinion, Rehnquist dissent and the separate opinions of Scalia, Thomas, and
Kennedy only). Go to http://www.opensecrets.org/orgs/index.asp
to find out who gives what to whom. Final opinions due from Conference II
Week 16 Obscenity
T May 1 Roth v.
United States (1957) and Miller v.
California (1973).
TH May 3 New York
v. Ferber (1982) and Ashcroft
v. Free Speech Coalition (2002).
Week 17 Final Exam TH May 10, 4-5:50pm.