PLSC 313: American Constitutional Law Civil Rights and Liberties
Instructor:
Office:
Cell Phone:
Office Hours:
E-Mail:
Professor Pyle
601d Pray-Harrold
734-660-1732
8:30-9:30a, 11:15-1:00, TTh & MW By Appointment
bpyle@emich.edu
Winter 2015
Section: 21262
Time: 9:30-10:45
Place: 419 Pray-Harrold
COURSE DESCRIPTION & PURPOSE:
In the summer of 1787, fifty-six men, all of them considered the best and brightest in the country, began deliberations and negotiations
concerning the reform of the deficient Articles of Consideration. In the opinion of some, their actions were illegal and many former
patriots like Patrick Henry “smelled a rat”. Their stated purpose was to revise the relationship between the national government, the
states, and the rights of individuals (i.e., white male property owners). They decided to do away with the Articles and constructed a novel
form of constitutional government based on the separation of powers, checks and balances, federalism, pluralism and individual rights. In
essence, the Constitution represents the embodiment of the colonial experience, dissatisfaction with the Articles, and the fusion of various
ancient and enlightenment political theory. Considering the Constitution’s importance and basic role in structuring the contours of
American society, it is relatively brief and often vague. As a result, many political, legal, social, and philosophical debates that began at
the convention continue to resurface. In addition, many questions not addressed by the Constitution directly or in a forthright manner are
continually placed on the social, legal, and political policy agenda. Ergo, the Constitution may best be described as a dynamic or
evolving political philosophy that continuously influences the resolution of political and social debates and defines the relationship
between the people and its government..
The Constitution can be divided into two primary sections. They include the original body of the Constitution and various
amendments including the Bill of Rights. The main focus of this course is on the latter. This course deals with the Constitution’s
allocation of rights and liberties to the people of the United States as well as the limits to governmental power. According, we will
investigate the how the Constitution and various other actors in government define, expand and circumscribe fundamental rights and
liberties.
The Constitution itself can be viewed as a set of formal institutions or rules that helps to determine outcomes (i.e., who wins and who
loses). However, for this simple notion to be true, the Constitution must be unambiguous concerning the “correct” or “true” definitions of
rights and liberties. It does not take a great leap of faith to realize that the Constitution cannot by itself resolve all the conflicts it was
designed to address as well as those it could not foresee. Instead, the Constitution requires at least interpretation and at most
augmentation. For this reason, to understand Constitutional law, it is necessary to discern how institutions (i.e., Supreme Court and lower
courts) and various individuals and groups (i.e., interest groups and governmental actors) within historical and political contexts use the
Constitution as a framework for the resolution of political, legal, and social questions.
Consequently, our first task will be to investigate the various ways an unelected and unrepresentative Supreme Court interprets the
Constitution. This task will be the orienting focus for the entire course. In essence, we will discover that the justices are political
philosophers and policy-makers who use modes of constitutional interpretation and the process of judicial review to bring the
Constitution to life. We will also find the Supreme Court is not the only actor who participates in constitutional construction. Once we
understand judicial process and modes of constitutional interpretation, we will turn our focus to a critical analysis of the development and
evolution of various substantive areas of Constitutional law that include the free expression, criminal due process and civil rights. To that
end, we will view law as case law as well as a political, historical, and philosophical process designed to make public policy. That is, we
will view the Constitution as potential policy rather than preordained principle.
Please see the University's policy on plagiarism and academic dishonesty at http://www.emich.edu/sjs/violations.html. Judicial
Services defines plagiarism as "Plagiarism - deliberate and knowing use of someone else’s work or ideas as one’s own. Examples
of plagiarism are: quoting a source verbatim, or paraphrasing text from a given source, without properly citing the source; turning
in a research paper that was written by someone else; or in any other way passing off someone else’s work as one’s own; or failing
to give credit for ideas or materials taken from someone else." The Halle Library site contains more information about plagiarism
at http://portal.emich.edu/emulib_cite.html. I WILL NOT TOLERATE STEALING THE WORK OF OTHERS INCLUDING
THE SUPREME COURT OF THE UNITIED STATES ….
Notes about electronics in class:
1) NO CELL PHONES UNLESS THERE ARE EXTRAORGINARY CIRCUMSANCES (I.E., SICK RELATIVE)
2) NO TEXTING IN CLASS
3) COMPUTERS MAY BE USED FOR NOTE TAKING AND CLASS RELATED ACTIVITIES – FACEBOOK AND
OTHER SOCIAL NETWORK SITES AS WELL AS EBAY ET AL. ARE NOT CLASS RELATED.
4) VIOLATIONS OF THESE POLICIES WILL RESULT IN POINTS BEING DEDUCTED FROM YOUR
PARTICIPATION GRADE (10% REDUCTION PER INFRACTION and participation is not free).
I believe that the most important part of the college experience relates to what goes on in the classroom. If you are not engaged
with the material, you are not learning. THAT BEING SAID ….. I RESERVE THE RIGHT TO TAKE ATTENDENCE AND
COUNT THE LACK THEREOF AGAINST YOUR GRADE.
REQUIRED TEXTS: The following book is required reading in this course.
Epstein and Walker. 2013. Constitutional Law for a Changing America: Rights, Liberties and Justice. 8th ed. CQ Press: Washington.
I reserve the right to (and I will) assign other cases that are either currently on the Court’s docket or not in the text. I will also address
numerous topics and subjects outside the text. You must come to class. The reading for this course is relatively light but it is far from
easy. To do well in this course, most of you will have to prepare for every class by reading once before class and possibly a second time
after class.
STUDENT RESPONSIBILITIES: The required reading for this course is limited; however, it is very difficult reading that demands
your attention. As such, students are expected to keep up with the assigned readings and prepare for each class. This means coming to
class prepared to follow the lecture, ask questions, and engage in class discussions. I reserve the right to administer quizzes and I will
take attendance and call the role every class period. I will also cold call on students and take note of those prepared and unprepared.
Students are responsible for all the materials presented in the lectures and the texts. While the lectures and the texts will often overlap,
some material will be exclusive to either source. Thus, to perform well on the exams, it is essential that you attend class, take notes, and
do the required readings. IF YOU DO NOT WANT TO BUY THE BOOK DO NOT TAKE THIS CLASS. YOU WILL ALSO NEED
TO BRING YOUR BOOK TO every CLASS.
I will announce some law school days but not all. During these days, I will cold call on students and assess the quality of your
preparation for class and note your performance for the purpose of your grade (get used to it if you are going to law school). Final grades
will be determined as follows:
1)
2)
3)
4)
5)
Class Participation (FORCED AND VOLUTARY), Quizzes & Attendance
Short Current Case Brief/Paper/Lead Discussion
First Midterm Examination -- With Take Home
Second Midterm Examination- With Take Home
Final Exam - With Take Home
10%
10%
30%
25%
25%
These percentages are not necessarily fixed. I will reward improvement.
Students are required to take the examinations and turn in written work on the dates given in the course outline and in class. The first two
exams will be taken in class and there will also be a take home component. The final will also be in class and have a take home portion.
Class participation and in-class case quizzes/exercises will be discussed the first week of class. I do not like to give makeup exams and I
will not give one unless you notify me at least one class period in advance and have a valid excuse that can be verified. I also understand
that emergency situations may arise. These will be dealt with on an individual basis. Unless otherwise specified, if you hand in
a take home question or case paper late, it will be penalized at the rate of 10 POINTS A DAY – NO
EXCEPTIONS UNLESS WE HAVE DISCUSSED THE MATTER AHEAD OF TIME. I WILL NOT
ACCEPT EMAILED PAPERS/Take Home Exams UNLESS YOU SPEAK WITH ME AHEAD OF TIME AND
WE MAKE ARRANGEMENTS.
A 100-94
A- 93-90
B+ 89-87
B
86-84
B- 83-80
C+ 79-77
C
76-74
C- 73-70
D+ 69-67
D 66-64
D- 63-60
Finally, please come and meet with me during my office hours or by appointment to discuss any questions, problems, or difficulties
related to the course or anything else. I am more than willing to help you in any way I can. However, I cannot help you unless you ask.
COURSE SCHEDULE: We will follow this outline as closely as possible (i.e., Within reason). Any changes in the dates of the
examinations will be announced at least one week in advance. I also reserve the right to post current cases online for class consumption
and discussion
January
6
Housekeeping and Constitution Introduction (How to Read Cases)
Chapter 1
8-13
Judicial Power and Judicial Decision-Making: Understanding the Court s Policy-Maker
Chapter 2
15
Supreme Court Process and Behavior
20
Incorporation: Creating a National System of Rights and Liberties
22-27
Religious Expression: A most Interesting Area of Law (Case Due 27)
Chapter 4
Burwell v. Hobby Lobby (2014)
Chapter 3
February
29-3
Establishment Clause and Discussion on the Evolution of Law
and Courts as Policy Makers: My Favorite (Case Due 5th)
Chapter 4
Town of Greece v. Galloway (2014)
5-17
Speech, Assembly and Association: What you can say, where you
can say it and with whom can you say it (Cases Due 12).
Citizens United v. FEC (2010)
McCullen v. Coakley (2014)
19
First Midterm Examination
Chapter 5
March
3-5
Speech and the Internet & Bear your Arms: Freedom to wear Tank-tops
Elonis v. US (3d 2013)
Chapter 8 & 9
10
Continued from Above - Freedom of the Press: What you can print, where
you can print it and with whom can you share it.
Chapter 6
12
Obscenity and Libel: Do you know it when you see it?
Chapter 7
17-19
Abortion and the Notion of Privacy
Stuart v. Loomis (4th 2014)
Chapters 10
24
Second Examination
26-2
Racial Discrimination & Other Discrimination
University of Texas Southwestern Medical Center v. Nasser (2012)
US v. Windsor (2012)
Chapter 13
Discrimination Remedies
Chapter 13
April
7-9
Schuette v. Coalition to Defend Affirmative Action (2014)
14-16
Voting Rights and the Struggle to Realize Constitutional Rights
Shelby v. Holder (2013)
April 23th
Final Examination & Take Home Question is Due.
Chapter 14
9:00-10:30