U.S. Constitutional Law and Politics

PS 480

Instructor: Troy Gibson

Contact Information:

  • Office hours: TT 9-11 or by appointment
  • E-mail –
  • Office phone: 228-867-2607
  • Office location: Room 304

Course website: ocean.otr.usm.edu/~w487033

Course Description

The Constitution of the United States presents the boundaries of American politics. It outlines the legal relationships between the three branches at the national level, the national and state governments, and the individual and the state. To be discussed in this course are cases, controversies, constitutional interpretation, and the politics of judicial decision-making.

Attendance

While attendance will not be taken daily, missed quizzes and assignments will result in a zero and can not be replaced. However, I will drop your lowest daily grade at the end of the semester. Missed exams will not be made up without a documented excused absence. If you must miss class, notify me well in advance. Always consult the course website and contact me for any missed assignments.

Course Requirements

Midterm Exam: 25%

Final Exam: 25%

Research Paper*: 25%

Daily Grades (includes quizzes, assignments**, and participation***): 25%

Required Texts

O’Brien, David. Constitutional Law and Politics, v1 (5th edition). NY: Norton.

Other reading materials will be provided or on reserve in the library.

Course Outline and Readings

Week of:

Jan 13 15 – Introduction to course,history of the constitution

Jan 20 22 – Case Briefing, Ch. 1 Judicial Review and Interpretation

Jan 27 29 – Continue Ch. 1,Ch. 2 Jurisdiction and Decision-making

Feb 3 5 –Ch. 3 Presidential Power: Foreign Affairs

Feb 10 12 –Ch. 4 Presidential Power: Domestic Affairs

Feb 17 19 – Presidential Powers continued

Feb 24 26 – Movie: This Honorable Court

March 2 – Review

March 4 – Midterm Exam

March 9 11 – Ch. 5 Congress: Membership, Immunities, Investigations

March 16 18 – Spring Break!!

March 23 25 – Ch. 6 Congress: Legislative, Taxing, and Spending Powers

March 30 April 1 – Congress continued

April 6 8 – Ch. 7 The States and American Federalism

April 13 15 – States continued

April 20 22 – Ch. 8 Representative Government, Voting Rights, and Electoral Politics

April 27 29 – Ch. 9 Economic Rights and American Capitalism

May 4 6 – catch up and review

See final exam schedule for the Final Exam time.

This outline is an estimate and is subject to change as necessary during the course.

*Research Paper Instructions:

1. Suggested Topic List:

a. Compare the interpretation styles/judicial philosophies of two former justices of the United States Supreme Court.

b. Trace an area of case law discussed in class to the present and provide an argument for how the court should or will develop this area of case law in the future.

2. The paper should be 12-15 pages long; references should be properly cited in text and in the bibliography. Provide a cover page with title, name, and student ID#.

**Case Briefings: Everyone will be required to formally brief 2 cases. Any of the cases studied in class are acceptable. Use the formal guidelines specified on page 1003. These briefings must be turned in by April 27, 2004.

***Case Discussions: When feasible, half of the class will be responsible for defending the majority opinions and the other half will be responsible for defending the minority opinions (dissents and concurring). Be prepared to respond weekly. I reserve the right to call on you individually. We will switch responsibilities after the midterm.

If a student has a disability that qualifies under the Americans with
Disabilities Act and requires accommodations, he/she should contact
the Office for Disability Accommodations (ODA), for information on appropriate policies and
procedures.Box 5128; voice telephone or TTY 214-3232.