AMERICAN CONSTITUTIONAL DEVELOPMENT--HONORS

FYS 1399

FALL 2013

Dr. Elizabeth Corey Office: Morrison 308

T/R11:00-12:15 Office Hours: by appt

Morrison 205

REQUIRED BOOKS:

Epstein and Walker, Constitutional Law for a Changing America: A Short Course

Anthony Lewis, Gideon’s Trumpet

James Davison Hunter, To Change the World

GOALS and OBJECTIVES:

In this course we aim to understand (1) the character and meaning of the Constitution of the United States and of our Federalist system of government and (2) the significant role of the Supreme Court in American life. Specifically, we will examine how the court has decided certain key areas of law such as race relations, abortion/privacy and presidential power, among others.

There are several important objectives for the course. First, you should come to possess and demonstrate factual knowledge of the major “landmark cases” that the Court has decided over the history of the United States. You should also be able to define and use in conversation specific political concepts and issues related to Court decisions such as federalism, separation of powers, executive privilege, and judicial review. You will also learn about the personalities and judicial philosophies of the current Supreme Court justices by reading their opinions and by viewing interviews and documentaries.

By the time of the first test, you should be able to trace a particular issue through a “line of cases” decided by the Supreme Court. This involves recognizing the issue itself and its relationship to a particular section of the constitution. It also requires that you explain the ways in which an issue is framed similarly or differently as the cases progress historically. (For instance: how has the “right to privacy” changed over the years since the early 1960s through today?) This requires not just a stating of the findings in the case, but an ability to see patterns and trends in the decisions.

Finally, by the end of the course you should be able to articulate considered and nuanced opinions, based on facts and history, on the most contentious political issues of our time. You should be able, earnestly, to argue on all sides of an issue, regardless of your particular political views.

GENERAL INFORMATION AND COURSE POLICIES

Attendance and general conduct in the course:

Daily attendance is required. In accordance with Baylor’s policy on attendance, any student who misses more than 25% of scheduled class meetings (in the current semester, 7 classes) will automatically fail the course, regardless of performance. However, it will be extremely difficult—if not impossible—to pass the course even with fewer absences than seven. As you are aware, this is an Honors course; and students will be held to the highest academic standards, which depend upon regular attendance and participation. In general you can rely on this rule of thumb: four or more absences may significantly affect your grade.

There will be unannounced quizzes on most class days, and no make-ups will be given for quizzes. Moreover, since participation is a major part of your grade you must (of course) be present to take part in class discussion.

Honor Code and Plagiarism:

It is expected that all students will adhere to Baylor’s Honor Code. (For more information on the Honor Code, see Plagiarism is a serious offense, for which there will be zero tolerance. Students who plagiarize from any source (including the Internet) will receive a grade of ‘F’ for the course.

OALA

Any student who needs learning accommodation should inform me at the beginning of the semester. You are responsible for obtaining appropriate documentation and information regarding needed accommodations from the Baylor University Office of Access and Learning Accommodation (OALA) and providing it to me early in the semester. The OALA phone number is (254) 710-3605 and the office is in Paul L. Foster Success Center - Sid Richardson - Room 189.

Course Structure:

The purpose of our class sessions and the time you spend studying at home is to make progress toward learning how to read and discuss important political writings and Supreme Court cases. The backbone of the course will consist of the time you spend engaged in careful, reflective reading and study outside of class. There is no substitute for this. If you read consistently and well, you will have no difficulty with (and might even enjoy) the four ways in which your grade will be determined: A participation gradeof 10% will be based on the contributions you make to classroom conversations. “Contributions” refers not only to the frequency with which you speak, but the quality of your reflections as well. It will also be based on attendance, insofar as repeated absences may bring down this grade substantially. Quizzeswill constitute 30% of the grade. There will be two tests, each worth 20%. There will also be a final exam, worth 20% of the grade.

Students will be expected to read the assignments carefully and to come to class prepared for a discussion in which all participate.

Participation------10%

Quizzes------30%

Test 1------20%

Test 2------20%

Final Exam------20%

FINAL EXAM: Tuesday, December 17, 2-4 PM

Grade Scale:

Your grade, based on scores for participation, quizzes, study questions, writing exercises and a final exam, will be calculated according to the following scale:

100 - 90% = A79 - 77% = C+ 59 - 0% = F

89 - 87% = B+76 - 70% = C

86 - 80% = B69 - 60% = D

AUGUST

READING (due on days listed below)

27INTRODUCTION TO COURSEGideon’s Trumpet pp. 1-81

29THE CURRENT SUPREME COURTGideon’s Trumpet pp. 82-168

Betts v. Brady (BB)

SEPTEMBER

3THE CONFIRMATION PROCESSGideon’s Trumpet pp. 169 to end

Gideon v. Wainwright (565-572)

5CRIMINAL PROCEDUREMapp v. Ohio (537-548)

Miranda v. Arizona (552-564)

10JUDICIAL REVIEWFederalist 78 (703-706)

Marbury v. Madison (63-85)

12James Davison Hunter bookpps. 1-47, 79-110

17James Davison Hunter: VISITpps. 111-30, 167-75, 197-272

19PRESIDENTIAL POWERpp. 127-52

Clinton v. City of New York

United States v. Nixon

Clinton v. Jones

24pp. 152-176

Korematsu v. US

Youngstown Sheet & Tube

Hamdi v. Rumsfeld

26TEST 1

OCTOBER

1COMMERCEpp. 211-231

Gibbons v. Ogden

Schechter Poultry

3pp. 231-251

NLRB v. Jones & Laughlin

US v. Lopez

Gonzales v. Raich

Heart of Atlanta Motel

8SUBSTANTIVE DUE PROCESSpp. 297-317

Lochner v. New York

Adkins v. Children’s Hospital

West Coast Hotel v. Parrish

10PRIVACY/SEXUALITYpp. 489-507

Griswold v. Connecticut

Roe v. Wade

15Casey v. PP (on BB)

Bowers v. Hardwick (online)

Romer v. Evans (pp. 627-632)

17pp. 507-521

Lawrence v. Texas

US v. Windsor (on BB)

Cruzan v. Missouri

22 TEST 2

2 FREEDOM OF SPEECH, ASSOCIATIONpp. 397-418

Schenck v. United States

Texas v. Johnson

29pp. 418-442

Morse v. Frederick

Snyder v. Phelps

W. Virginia v. Barnette

Boy Scouts v. Dale

31FREEDOM OF THE PRESS, LIBELpp. 443-451

Near v. Minnesota

pp. 464-478

New York Times v. Sullivan

Reno v. ACLU

NOVEMBER

5RELIGIOUS LIBERTY: Free Exercisepp. 345-364

Sherbert v. Verner

Employment Div. v. Smith

7RELIGIOUS LIBERTY: Establishmentpp. 364-395

Lemon v. Kurtzman

Zelman v. Simmons-Harris

Abington v. Schempp

Van Orden v. Perry

12James Davison Hunter

14RACE & AFFIRMATIVE ACTIONpp. 603-614

Plessy v Ferguson Brown v. Board of Education

Brown II (on BB)

Cooper v. Aaron (on BB)

19pp. 633-648

Grutter v. Bollinger

21GUNS: THE SECOND AMENDMENTpp. 479-487

District of Columbia v. Heller

26In-Class Video: No Reading

28THANKSGIVING HOLIDAY

DECEMBER

3Constitutional Interpretationpp. 31-41 and excerpts on BB

5Scalia-Breyer DebateReading posted on BB

FINAL EXAM: Tuesday, December 17, 2-4 PM

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