Syllabus/PSPA 310 Dr. Robert Schneider

CONSTITUTIONAL LAW Office: 243 Dial

Office Hours: 1:30-3:30 M-W and by Apt.

Phone: 521-6445

REQUIRED TEXTS

Gregg Ivers, CONSTITUTIONAL LAW Vol. One (Constitutional Structure and Political Power)

Gregg Ivers, CONSTITUTIONAL LAW Vol. Two (Civil Rights and Liberties)

COURSE DESCRIPTION

The Constitution of the United States, the supreme law of the land, is by no means self-explanatory. Neither is it a finished product complete and unchanging. It is a living and elastic document that serves as the foundation of liberal democracy as we have known and experienced it. It is always new as its meaning continues to be produced by the conditions and conflicts that give meaning to our lives. It is always the same as it reflects our constant quest to apply the principles of freedom to our political, economic, and social activities. We will learn of all that has shaped it, and of how it continues to shape us.

Our labor will include an exploration of the basic features of the constitution (federalism, separation of powers, judicial review, and individual liberty). Our understanding of these features will be complete only when we have immersed ourselves in the case law that is the “stuff” of our legal system. Through the study of case law, we will become aware not only of the features of the constitution but also will come to understand and appreciate Constitutional Law as an ongoing process through which these features are interpreted, applied, and have an impact on our lives.

This course is designed for the pre-law curriculum. As such, it is intended to prepare students interested in the study of law for the sort of disciplined legal reasoning associated with the study and practice of law in American society. The rigor of the course will be severe in its insistence that students cultivate and articulate a grasp of legal concepts, communicate a vastly increased fundament of base knowledge, and demonstrate genuine progress in the development of analytic skills.

This course should be a good deal of fun, as well as a good deal of work. Students will be expected to stay on schedule with the completion of case briefs and other assignments. Most class sessions (after the first week or two) will be devoted to student analysis of cases read and briefed.

COURSE OUTLINE

Jan. 8 Introduction to the Course

Jan. 10 Constitutional Structure (Ch. 1 Vol. 1)

Jan. 13 Interpreting the Constitution (Ch. 2 Vol. 1)

Jan. 15 Federal Judicial Procedure (pp. 73-76 Vol. 1)

Jan. 17 Briefing Supreme Court Cases

Jan. 20 MLK Holiday

Jan. 22 Judicial Power: Marbury v. Madison, p.50 Vol. 1

Jan. 24 Baker v. Carr, p.89 Vol. 1

Nixon v. U.S. p. 105 Vol. 1

Jan. 27 Legislative Power

McCulloch v. Maryland, p. 117 Vol. 1

Jan. 29 Gibbons v. Ogden, p. 123 Vol. 1

South Carolina v. Katzenbach, p. 160 Vol. 1

Jan. 31 McGrain v. Daugherty, p. 131 Vol. 1

Watkins v. U.S. p. 137 Vol. 1

Feb. 3 Executive Power: Myers v. U.S. p. 228 Vol.1

The Prize Cases, p. 244 Vol. 1

Feb. 5 Youngstown Sheet and Tube Co. v. Sawyer, p.255 Vol. 1

New York Times Co. v. U.S. p. 261 Vol. 1

Feb. 7 U.S. v. Curtiss-Wright Export Corp. p. 271 Vol. 1

Missouri v. Holland, p. 272 Vol. 1

Feb. 10 United States v. Nixon, p. 287 Vol. 1

Feb. 12 Review

Feb. 14 EXAM I

Feb. 17 The Power to Regulate Commerce

U.S. v. E.C. Knight Co. p. 304 Vol. 1

Feb. 19 U.S. v. Butler, p. 335 Vol. 1

South Dakota v. Dole, p. 341 Vol. 1

Feb. 21 Heart of Atlanta Motel v. U.S. and U.S. v. McClung, p. 352 Vol. 1

U.S. v. Lopez, p. 355 Vol. 1

Feb. 24 Tenth Amendment Reserved Clause

National League of Cities v. Usery, p. 377 Vol. 1

Garcia v. San Antonio Met Transit, p. 381 Vol. 1
Feb. 26 City of Philadelphia v. State of New Jersey, p. 415 Vol. 1

Feb. 28 Contract Clause: Fletcher v. Peck. P. 423 Vol.1

Home Bldg. and Loan Assoc. v. Blaisdell, p. 436 Vol. 1

U.S. Trust Co. of NY v. New Jersey, p. 447 Vol. 1

Mar. 3-7 SEMESTER BREAK

Mar. 10 The Economic Market Place: Slaughterhouse Cases, p. 466 Vol. 1

Mar. 12 Munn v. Illinois, p. 472 Vol. 1

Lochner v. New York, p. 479 Vol. 1

Mar. 14 Nebbia v. New York, p. 494 Vol.1

West Coast Hotel v. Parrish, p. 498 Vol. 1

Mar. 17 The Bill of Rights: Gitlow v. New York, p. 57 Vol. 2

Palko v. Connecticut, p. 60 Vol.2

Adamson v. California, p. 64 Vol.2

Mar. 19 Review

Mar. 21 EXAM II

Mar. 24 Freedom of Speech: Schenck v. U.S. p. 74 Vol. 2

Dennis v. United States, p. 76 Vol. 2

Brandenburg v. Ohio, p. 87 Vol. 2

Mar. 26 Obscenity: Roth v. U.S. p. 130 Vol. 2

Miller v. California, p. 133 Vol. 2

Reno v. ACLU, p. 143 Vol. 2

Mar. 28 Freedom of the Press: Near v. Minnesota, p. 170 Vol. 2

New York Times Co. v. United States, p. 172 Vol. 2

Alexander v. United States, p. 183 Vol. 2

Mar. 31 Freedom of Religion: Everson v. Board of Education, p. 232 Vol. 2

Engel v. Vitale, p. 243 Vol. 2

Apr. 2 Wallace v. Jaffree, p. 252 Vol. 2

Lemon v. Kurtzman, p. 270 Vol. 2

Apr. 4 Right to Privacy: Skinner v. Oklahoma, p. 480 Vol. 2

Griswold v. Connecticut, p. 484 Vol. 2

Apr. 7 Loving v. Virginia, p. 488 Vol. 2

Abortion: Roe v. Wade, p. 494 Vol. 2

Apr. 9 Bowers v. Hardwick, p. 530 Vol. 2

Washington v. Glucksberg, p. 537 Vol. 2

Apr. 11 Equal Protection: Dred Scott v. Sanford, p. 548 Vol. 2

Plessy v. Ferguson, p. 564 Vol. 2

Apr. 14 Brown v. Board of Education, p. 575 Vol. 2

Missouri v. Jenkins, p. 590 Vol. 2

Apr. 16 Regents Calif. v. Bakke, p. 607 Vol. 2

City of Richmond v. Croson, p. 613 Vol. 2

Apr. 18 HOLIDAY

Apr. 21 Bradwell v. Illinois, p. 621 Vol. 2

Reed v. Reed, p. 624 Vol. 2

Apr. 23 Craig v. Boren, p. 626 Vol. 2

United States v. Virginia, p. 634

Harris v. Forklift Systems Inc. p. 642 Vol. 2

Apr. 25 Oncale v. Sundowner, p. 643 Vol. 2

Romer v. Evans, p. 646 Vol. 2

Apr. 28 Discussion of Judicial Review and the 2000 Presidential Election

Apr. 30 Review

May 9 FINAL EXAM (8-10)

EXAMS- There will be three essay exams in this course. Note the date for each on the course outline above. Makeup exams will not be given except in very rare and very serious emergencies.

CASE BRIEFS- Students will prepare complete case briefs for each case read in this class. The procedure for doing this will be presented in class. Completed case briefs and daily participation in class will count 20 % toward your final semester grade.

PAPERS- Each student will prepare a 6 to 8 page paper on a current Supreme Court Case. The details of this assignment will be presented in class.

GRADES- There will be a total of 100 points awarded for this course. They will be assigned and translated into letter graded as follows:

Exam I 20% of semester grade or 20 points

Exam II 20% of semester grade or 20 points

Final Exam 20% of semester grade or 20 points

Paper 20% of semester grade or 20 points

Case Briefs 20% or semester grade or 20 points

Total 100 points

90-100 = A- to A

80-90 = B- to B +

70-80 = C- to C +

60-70 = D to D +

60 or less = F

CLASS ATTENDANCE IS MANDATORY

ONLINE SITES- The following may be of use or interest throughout the semester. They will also be helpful on your papers.

OYEZ, OYEZ: a comprehensive data base on major constitutional cases heard by the U.S. Supreme Court. It includes digital audio of oral arguments. http://oyez.at.nwu.edu/oyez.html

WASHINGTON WEB (Government and Politics: The Judicial Branch): http://www.washweb.net

SEARCHABLE DATABASE OF U.S. SUPREME COURTR DECISIONS (1893-present): http://www.findlaw.com

LEGAL INFORMATION INSTITUTE: http://www.fatty.lawcornell.edu/

SUPREME COURT DECISIONS: http://www.lawresearch.com

ELECTRONIC LEGAL INFORMATION REFERENCE DESK: http://www.law.sc.edu/refdesk.htm

SUPREME COURT NEWS: http://www.ljx.com

IMPPORTANT SUPREME COURT DECISIONS: http://www.constitution.org/usscdeci.html

LEGAL RESOURCES: http://www.trinity.edu/departments/maddux-library/law/html

RESEARCH GUIDE ON RECORDS, BRIEFS, AND, ORAL ARGUMENTS: http://www.vanderbilt.edu/law/library/research/oral/html

As you explore the net for other sites, be sure to share any new discoveries with the rest of us!

UNCP-CHINA PROGRAM IN PUBLIC ADMINISTRATION

Note: I am scheduled to make a trip to China in May. As dates for this are finalized, we may have to change some end of semester dates for this class. Your understanding and patience will be greatly appreciated.

HAVE A GREAT SEMESTER!