Northern
Spring 2010
POLS 412
Constitutional Law III
Civil Liberties:
The First
Amendment, Second 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, freedom to bear arms, 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 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 2:00pm-3:15pm; 4:45pm-6:15pm & 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
|
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 each 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% |
|
|
30% |
|
Final Exam |
40% |
|
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 12 Introduction, syllabus review, how to brief a case, using
Blackboard.
TH Jan 14 Barron v. Baltimore
(1833) and the Slaughterhouse
Cases (1873) (on-line only abridged,
full); (Optional Background Information – Epstein & Walker
introductory material; The U.S. Constitution located in the back of the book).
Week 2 Incorporation
T Jan 19 Hurtado
v. California (1884) and in-class discussion only of
TH Jan 21 Palko
v. Connecticut (1937) and Duncan v. Louisiana
(1968).
Week 3 Free Exercise I
T Jan 26 Free Exercise Foundations:
Cantwell v.
Connecticut (1940), Sherbert
v. Verner (1963).
TH Jan 28 Wisconsin
v. Yoder (1972) and Employment
Division v. Smith “The Peyote Case” (1990).
Week 4 Free Exercise II and Establishment:
Foundations
T Feb 2 City
of Boerne v. Flores (1997) and Gonzales v. O
Centro Espirita Beneficente
Uniao Do Vegital (2006)
(on-line only abridged,
full).
TH Feb 4 Establishment Foundations:
Everson
v. Board of Education (1947) and Lemon v. Kurtzman (1971).
Week 5 Establishment
T Feb 9 Aid to Religious
Schools: Agostini v. Felton (1997) and Mitchell v. Helms
(2000) (on-line only abridged,
full).
TH Feb 11 Zelman
v. Simmons-Harris (2002) and Locke v. Davey
(2004) (on-line only abridged,
full).
Week 6 Establishment: Prayer
T Feb 16 School Prayer: Engel v. Vitale
(1962) (on-line only abridged,
full) and School District of
Abington Township v. Schempp (1963).
TH Feb 18 Marsh
v. Chambers (1983) (on-line only full) and Wallace v. Jaffree (1985) (on-line only abridged, full).
Week 7 Establishment: Government Endorsement of Religion
T Feb 23 Edwards v. Aguillard (1987) and Lee v. Weisman (1992).
TH Feb 25 Lynch
v. Donnelly (1984) (on-line only abridged, full)
and County of
Allegheny v. ACLU (1989) (on-line only abridged, full).
Week 8 Conference
Day II and Midterm Exam
T Mar 2 McCreary County v.
ACLU (2005) (on-line only abridged, full) and Van Orden v. Perry (2005).
TH Mar 4 CONFERENCE DAY I - Justices meet to deliberate and vote on cases.
The Midterm Exam will be available for a 24-hour period at
the end of class.
Week 9 Spring Break
Week 10 Speech in Times of Crisis
T Mar 16 Schenck
v. United States (1919) and Abrams v. United
States (1919).
TH Mar 18 Gitlow
v. New York (1925) and Dennis v. United
States (1951).
Week 11 Regulating Expression I
T Mar 23 Brandenburg
v. Ohio (1969) and United States v.
O'Brien (1968).
TH Mar 25 Symbolic Speech: Tinker v. Des Moines
(1969) and Texas
v. Johnson (1989).
Week 12 Regulating Expression II
T Mar 30 Fighting Words: Chaplinsky
v. New Hampshire (1942) and Cohen v. California
(1971).
TH Apr 1 Protests: Hill v. Colorado
(2000) and Morse
v. Frederick (2007). Final opinions from Conference I due today.
Week 13 Expression III
T Apr 6 Obscenity: Roth v. United States
(1957) and Miller
v. California (1973).
TH Apr 8 Child Pornography: New York v. Ferber
(1982) and United
States v. Williams (2008).
Week 14 Expression IV
T Apr 13 Libel:
New York Times v.
Sullivan (1964) and Hustler Magazine
v. Falwell (1988).
TH Apr 15 CONFERENCE
DAY II - Justices meet
to deliberate and vote on cases.
PRIVACY
Week 15 Privacy
T Apr 20 Reproductive Freedom: Griswold v.
Connecticut (1965) and Roe v. Wade
(1973).
TH Apr 22 No Class. Annual Meeting of the
Week 16 Intimacy and the Right to Keep and Bear Arms
T Apr 27 Abortion & Intimacy: Planned Parenthood
v. Casey (1992) and Lawrence v. Texas
(2003).
TH Apr 29 The 2nd Amendment: District of
Columbia v. Heller (2008).
Final opinions from Conference
II and all extra credit opinions due today.
Week 17 Final Exam will be available on-line
for a 24-hour period beginning on T May 4 at 4pm.