Constitutional Law I
Fall 2007
POLS Y304
W 6:00 – 8:40 PM
Room: CA 435
Contact Information
Jennifer Swickard, J.D.
Email:
Work: 317-718-6172
Office Hours: By appointment
Note: Email is the best way to contact me.
Required Textbooks
Constitutional Law and Politics, Vol. One: Struggles for Power and Governmental Accountability. David M. O’Brien. WW Norton and Company 2005. ISBN 0-393-92565-X.
Writing a Research Paper in Political Science. Lisa Baglione. Wadsworth 2006. (Required after the first class; available online at Amazon.com.)
Course Format
Each class will consist of a mix between lecture and discussion. I know that this is not your only class and that you have a life outside of school, so if you are not prepared to participate in the discussion on a given day, let me know before class by giving me a written statement to that effect. Please limit the number of “passes” you take this semester to two. The key to discussion is simply to read the assignments and brief cases before each class. Everyone who reads before class and makes a good-faith effort to participate in discussion will receive high credit for their effort. See below for more on discussion.
Grades
Graded assignments in this class will consist of discussion, a quiz on the Constitution, a research paper, and two exams (a midterm and a final). There will be no curve (in other words, if everyone earns an “A,” everyone will receive an “A”). The standard IUPUI grading scale will apply (A+ and A are worth 4.0 to your GPA, an A- is worth 3.7, and so on). Point conversions are as follows: A = 100-95; A– = 94-90; B+ = 89-87; B = 86-84; B– = 83-80; C+ = 79-77; C = 76-74; C– = 73-70; D = 69-66; F = 65 and below. An A+ will be awarded to the highest grade in the class.
Discussion
Discussion on each class meeting will cover the assigned readings for that day. A few students will be called upon in each class to help work through cases and materials. Those who brief cases before each class will find discussion (indeed, the entire semester) to be easier. Students are not expected to know every answer in discussion. Indeed, the point of discussion is not to test knowledge, but to develop it. Remember: the key to discussion is simply to read before each class. Everyone who reads before class and makes a good-faith effort to participate in discussion will receive substantial credit for their effort. The goal of discussion is to help students develop the reasoning process essential to legal analysis. With several students and the instructor working together to better understand the assigned readings for the day, students should end the semester with a deeper knowledge of contracts, and of legal reasoning, than they would have in a lecture-only class.
Two “passes” (in which you attend class but indicate to me in writing that you should not be called upon that day for discussion) are permitted with no penalty to your grade. If you are called upon to discuss the day’s readings without having taken a pass and are unprepared, it will adversely affect your discussion grade. Additional passes (beyond two) will be honored (i.e., I will not call you if you give me a pass, regardless of how many you have taken), but if you take more than two passes, that also will lower your discussion grade.
The Research Paper
Early in the semester, additional information will be distributed for a more involved research paper, to be due near the end of the term. Students may select their own topic related to Constitutional Law, and no two students may write on the same subject.
The Midterm and Final Exam
Each exam will consist of multiple choice and essay questions. I will give you the exact format of each exam as the date of the test approaches. Essay questions will be graded based upon organization, support, and logic. While the final exam is comprehensive, it will emphasize material covered after the mid-term.
Assignment / Due Date / % Value of semester gradeConstitution Quiz / W, August 29 / 10%
Mid-Term Exam / W, October 10 / 20%
Research Paper / W, November 28 / 25%
Final Exam / W, December 12 / 25%
Discussion / [Ongoing] / 20%
Policies
(1) The Syllabus as a Contract: Please treat this syllabus as a formal agreement between us. You agree to read and understand the syllabus and to make all reasonable efforts to abide by what is required; I agree to do my best to promote your education.
(2) Academic Honesty: There is a zero-tolerance policy on cheating and plagiarism. No second chances are afforded. Plagiarism includes, but is not limited to, passing someone else’s work off in a substantial form as your own. Getting together to review for an exam, of course, is perfectly acceptable. Please refer to the IUPUI Bulletin for additional information.
(3) Open Door: My purpose in this class is to help you achieve the education you desire. I strongly encourage you to make an appointment if you have questions or problems regarding this class or school in general. I am here to help.
(4) Exam Makeups: If you have a genuinely pressing matter that absolutely requires you miss an exam, please discuss the matter with me at least two classes before the exam. Under legitimate circumstances we will arrange to have you take the exam prior to the time the rest of the class takes it. Short of a well-documented and catastrophic emergency, missing an exam without prior notice will result in a grade of zero.
(5) Missing the Paper Deadlines: A student who fails to turn in the research paper at the beginning of the class in which it is due will have his or her grade lowered by one letter (thus, a B+ becomes a C+). Any late paper not emailed by 5:00pm the day after it is due will receive a grade of zero on the assignment in question.
(6) Discussing Grades: I am more than willing to explain why a particular assignment earned a particular grade during office hours. Please be aware, however, that I will change a grade only if you can show me that I made an error – a factual error in my grading commentary or a mathematical error in computing the score. Evaluations concerning the persuasiveness of your argument or the effectiveness of your evidence or organization are not factual errors.
(7) Class Changes: I may change the syllabus (particularly the schedule) from time to time as circumstances warrant, but not without first giving you ample notice.
(8) Complaints: The University has set forth the following procedure should you have a complaint about the instructor or the course: first, you must speak with me in a good-faith effort to resolve the problem. If you remain unsatisfied, you may go to the Department Chair. If you are still unsatisfied, you may then proceed to the School Dean of Students. Please observe this procedure strictly.
(9) Incompletes: These are extraordinarily rare and will be granted only under the conditions set forth by the University.
(10) Withdrawals: These will be granted according to the guidelines set forth by the University. Poor performance is not considered grounds for a late withdrawal.
Schedule
DATE / TOPIC / ASSIGNMENTAugust 22, 2007 / The United States Constitution; Judicial Review (Ch. 1) / p. 1033-1038; 1-21; 23-38
August 29, 2007 / Constitutional Politics
Establishment of Judicial Power, Judicial Power as a limit on the Legislature (Ch. 1) / Constitution Quiz
p. 46-67
Marbury v. Madison; Eakin v. Raub
September 5, 2007 / The Politics of Constitutional Interpretation and Comparative Jurisprudence (Ch. 2) / p. 67-97
September 12, 2007 / Jurisdiction & Justiciable Controversies (Ch. 2) / 103-127; 141-145; 161-168 Lujan v. Defenders of Wildlife; Elk Grove v. Newdow
September 19, 2007 / Mechanics of the Court (Ch. 2) / 170-212; skim 212-219
Linkletter v. Walker; Griffith v. Kentucky; Jaffree v. Board of School Commissioners of Mobile County; Commonwealth of Kentucky v. Jeffrey Wasson
September 26, 2007 / Presidential Power and Foreign Affairs (Ch. 3) / 220-227; 231-237; 239-246; 254-257; 283-301
Dames & Moore v. Regan; Missouri v. Holland;
Rasul v. Bush; Hamdi v. Rumsfeld;
October 3, 2007 / President (Ch.) 4 / 310-314; 340-344; 360-371; 387-393; 403-413; 424-433
Bower v. Synar; Morrison v. Olson; Immigration and Naturalization Service v. Chadha;
October 10, 2007 / MID TERM / No reading assignment
October 17, 2007 / Voting Rights (Ch. 8) / 823-871
Gomillion v. Lightfoot; Baker v. Carr; Westberry v. Sanders; Reynolds v. Sims; Veith v.Jubelirer; Shaw v. Reno; Hunt v. Cromartie
October 24, 2007 / Campaigns & Elections (Ch. 8) / 875-904; 908-924
Bush v. Gore; Buckley v. Valeo; McConnell v. Federal Election Commission
October 31, 2007 / HALLOWEEN – NO CLASS / No reading assignment
November 7, 2007 / Congress (Chs. 5 & 6) / 455-462; 485-498; 516-538
Watkins v. United States; McCulloch v. Maryland;
November 14, 2007 / Congress (Ch. 6) / 538-550; 559-571; 588-592; 616-627; 628-632
Gibbons v. Ogden; NLRB v. Jones & Laughlin Steel Corporation; United States v. Lopez; United States v. Morrison;
November 21, 2007 / THANKSGIVING – NO CLASS / No reading assignment
November 28, 2007 / States federalism (Ch. 7) / Term Paper Due
642-658; 689-696; 759-765; 770-773; 786-798
Cooper v. Aaron; Michigan v. Long; People v. P.J. Video, Inc.
December 5, 2007 / Liberty of Contract and Takings Clause (Ch. 9) / 980-1005; 1009-1012; 1014-1017; 1023-1029
Slaughterhouse Cases; Munn v. Illinois; Lochner v. New York; West Coast Hotel v. Parrish; Hawaii Housing Authority v. Midkiff; Lucas v. South Carolina Coastal Council
December 12, 2007 / FINAL EXAM (5:45 – 7:45pm; Room TBA) / No reading assignment
December 21, 2007 / Grades available on OnCourse / No reading assignment