Constitutional Law I
Political Science 415
Fall 2009
Dr.
Sean F. Evans
Office: PAC A-38
Phone: (731) 661-5237
Email: sevans@uu.edu
What does the Constitution
mean? This sounds like a simple question
with a simple answer, but for every simple question there is usually a simple
answer that is inevitably wrong. For example, Article I of the Constitution
gives Congress the power to declare war but Article II makes the president the
commander-in-chief but what is the current conflict in Afghanistan and Iraq?
Who should determine when troops come home, who should control who is and is
not an enemy combatant and whose telephones can be wiretapped without a
warrant? In other words, where does the congressional war power and the commander-in-chief
power begin and end? Once you begin to
answer these questions, the Constitution becomes a bit murkier. Moreover, the answers you find will have
significant political/social/economic consequences regarding the power of the
two branches, foreign policy, the fight against terrorism, and the
These questions of what the
Constitution means in respect to governmental powers and structure and how the
court comes to these conclusions is the main focus of this
course. Consequently, this course is an
examination of constitutional interpretation and development in the
The first semester of this sequence
focuses on the distribution of power and authority among actors in the American
political system, more specifically the system of separation of powers and
federalism. We tend to think of the
Supreme Court and the Constitution primarily in terms of civil and individual
rights. However, for most of its
history, the Court focused almost exclusively on questions of structure and
process in American government. Many of
the framers saw the structure of government as the central protection of rights
against governmental action. Moreover,
recent power struggles between President, Congress, and the Courts illustrate
the continued vitality of these fundamental questions. For example, after a 140 year hiatus, the Supreme
Court has recently remembered that the US is federal system and that federalism
limits the national government's authority.
Using their doctrines of federalism, they are striking down laws and
limiting the power of the federal government to combat violence against women,
guns around schools, and the manner in which states treat its employees.
Requirements
This course uses a combination of case, historical,
and political analysis and materials.
Court cases, legislation, and executive orders are the primary source
materials of constitutional lawmaking.
This material allows you to evaluate first-hand the theory and practice
underlying constitutional principles. At
first, cases are difficult to read. The
workload might seem burdensome in the first weeks, but we will spend time
working closely with the text so that you can learn how to analyze cases. By
the end of the course, you will understand better the nature of our
constitutional system and have the background necessary for further
inquiry. Most of the material is found
in the following textbook available at the Lifeway
Bookstore. I will also supplement these
readings with cases from the most recent Supreme Court terms. These cases are available at findlaw.com.
O’Brien,
David. 2008. Constitutional
Law and Politics: Struggle for Power and
Governmental Accountability, 7th ed. NY: Norton.
Grading. Your grade
for this course will come from three exams, your legal brief and oral
presentation, and your participation.
The dates for the exams are listed on the syllabus so make sure that you
have plans to attend those days. I do
not give make-ups unless you have a university-authorized excuse. Failure to take an exam means that your final
will count twice. Moreover, when and/or if I curve test or final grades, I
reserve the right to withhold the curve from students who never attend class.
Once grades are returned, you must wait 24 hours before
discussing a grade with me. This serves
as a time for you to cool off and to determine what you may have done
wrong. After this time, I will sit down
with each of you and discuss what you did wrong and how you can improve over
the remainder of the semester. This is not a chance to lobby me for a higher
grade or tell me what you meant to say.
It is a simple pedagogical tool to improve your skills. However, if I make a mistake, I will rectify
that.
As with all of my classes, if you make substantial
improvement over the course of the semester, I am willing to forget your
earlier grades. Learning is a process
and it is more important what you know at the end than what you know at the
beginning. Hopefully, this class will improve your analytical and communication
skills so that you become a successful attorney or something else equally
fulfilling.
Participation. It is
absolutely essential for you to study these materials carefully. The approach in this course is interactive
and interrogatory. You will be expected
to participate actively in a dialogue as I lecture infrequently. In this respect, I will treat this class much
like law school to familiarize you with some of their practices. There, the professors do not tolerate a lack
of preparation and non-participation.
Neither will I.
Therefore, you will get three passes (I am not prepared). On the third "I am not prepared"
and for every two after that, your grade will drop one letter grade. In
determining "I am not prepared," it can be as simple as you saying
that or it will be my determination by your fumbling and obvious unfamiliarity
with the case.
Legal Brief. An important
part of a legal career is communicating your ideas to others: clients, colleagues, members of the judicial
system. To aid you in this endeavor,
each individual will be required to write a brief and argue your case before a
three-judge panel at the end of the semester.
By Oct. 7th, individuals will sign up for different cases
that they wish to argue. Students will
then write a brief that identifies the legal question(s), cites the appropriate
authorities, presents your arguments, and refutes your opponent's
arguments. I will present more detailed
information concerning the formatting and content at a later date. Briefs will be due Nov. 6. Oral arguments will take place after
Thanksgiving. Each side for each case
will have 15 minutes to present his or her case to the judicial panel. During this time, the court may let you talk
non-stop or, more likely, will pepper you with questions.
Extracurricular: Students are expected to attend Union Pre-Law
Society meetings, the Constitution Day event, and other political science
activities. This includes the
Constitution Day event on Washington and Lincoln and the Jones Lecture with
Congressman Tanner and Congresswoman Emerson.
Cheating: Don’t do it. Anyone caught
cheating will receive an automatic F for the course and will be referred to the
appropriate authorities for punishment.
Communication Devices:
Please turn off all cell phones and other portable electronic devices
while in my class. Your life is not so
important that you need to answer the phone or text your friend
immediately. If found using any such
device, I reserve the right to answer the phone and/or read your text message
to the class. Moreover, I will
confiscate your communication device until the next class meeting. Therefore,
if you have an emergency necessitating having the communication device on,
please let me know before the class.
Audio/Video Recording: No audio or video recording of
classroom activity is permitted without my prior approval. This prohibition
includes cellphone camera functions, laptop audio or
video functions, and all other digital or analog recording equipment.
Lap top
computers: Students are
welcome to use lap top computers in my class as long as they are not a
distraction to the user or others (e.g., noise, email, internet use not
connected to the course, playing games) and it does not create a hazard to
others (e.g., extension cord in the aisle).
Special Needs: Students with disabilities who may need academic
accommodations should discuss options with the instructor the first week of
class.
Continuity of Instruction: In the event that this course is no longer able to
meet face-to-face, students should first immediate check their email account
for instructions. If there are no instructions there, please check your cell
phone.
The
Syllabus: I
reserve the right and prerogative to modify the syllabus in accordance with
student and professorial needs. The syllabus should not be construed as a
contract.
Class Outline
Aug.
26 Introduction
Aug.
28 Interpreting the Constitution
Aug.
31 Judicial Decision Making
Handout
Sept.
2 SCOTUS Process
Ch.
2B-2H
Sept.
4 Briefing Cases
OBrien pp. 1083-6 & Handout
Sept.
7 Labor Day – no class
Sept.
9 The Judiciary
Sept.
11 The Judiciary
Sept.
14 The Judiciary
Ch.
2I
Sept.
16 The President and Foreign Policy
Ch.
3
Sept.
18 The President and Foreign Policy
Ch.
3, Medellin v TX (2008) & Boumediene v Bush (2008)
Sept.
21 The President and Domestic Affairs
Sept.
23 The President and Domestic Affairs
Sept.
25 The President and Domestic Affairs
Sept.
28 Catch-up
Sept.
30 4 First Midterm
Oct.
2 Congress: Immunities, Membership, and Investigatory Powers
Oct.
5 Congress: Immunities, Membership, and Investigatory Powers
Oct.
7 Congress: Legislative Powers
Ch.
6A-B
Choose a case to brief and
argue
Oct.
9 Congress: Legislative Powers
Oct.
12 Congress: Legislative Powers
Oct.
14 Congress: Taxing and Spending Powers
Oct.
15-19 Fall Break
Oct.
21 Federalism
Ch.
7A
Oct.
23 Federalism
Ch.
7B
Oct.
26 Federalism
Ch.
7C-D
Oct.
28 Catch-up
Oct.
30 Second Midterm
Nov.
2 Reapportionment
Ch.
8A-B and Northwest Austin Municipal
Utility District v Holder (2009)
Nov.
4 Campaigns
Nov.
6 Campaigns
Legal
Brief Due
Nov.
9 Contract Clause
Nov.
11 Demise of Liberty of Contract
Nov.
13 Demise of Liberty of Contract
Nov.
16 Takings Clause
Nov.
18 Catch up
Nov.
20 Final
Nov.
25-27 Thanksgiving
Nov.
30 Oral Arguments
Dec.
2 Oral Arguments
Dec.
4 Oral Arguments
Dec.
9 Oral Arguments