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
1