JUNIATA COLLEGE
DEPARTMENT OF POLITICS
PS 312
Constitutional Interpretation:
Civil Rights and Liberties
Spring Term, 2009
2:00-3:15 MWF
Good 420
Jack Barlow, Good 315
641-3651 barlow@juniata.edu
Course Description
This course is designed to introduce students to the study of individual rights in the
American constitutional system. The course employs a “case method” to examine those rights and liberties that are constitutionally protected against infringement by government or by private individuals. Specifically, the course considers the rights enumerated in the Constitution, the Bill of Rights, and subsequent amendments, and analyzes the constitutional interpretations advanced by Congress, the President, and the Supreme Court, as well as by scholars of public law, in reaching judgments about those rights.
Course Objectives
The general objectives of the course are to encourage critical thinking and to promote effective oral and written communication. Substantive objectives of the course include:
(1) to achieve an understanding of the personal rights and liberties protected by the U.S.
Constitution;
(2) to examine in detail the relationship between individuals and government (at all levels) in the United States; and,
(3) to discuss the meaning of “rights” and the role of federal courts in interpreting and protecting them.
Required Text
Craig R. Ducat, Constitutional Interpretation: Rights of the Individual , 9th edition
(Wadsworth).
Students are also required to read
Course Requirements
The New York Times (available all over campus).
(1) Participation . Students are expected to attend every class having read the assigned material and prepared to participate in class discussion. Students who miss class do so at their

own risk. Participation counts 15% of the final grade for this course; clearly the quality of the participation will depend on attendance and preparation.
Students are responsible for doing (i.e., will be examined on) all of the assigned reading, whether or not it is discussed in class. Students are required to brief cases and to turn in their briefs on request from the instructor. Students should stay current in their reading and review their briefs and notes frequently. Additional recommendations for outside reading may be made by the instructor from time to time.
(2) Written Assignments . There will be two major written assignments.
(1) The first will be an interpretive essay on an important theme or issue that has confronted the court. The issue and specific questions will be handed out in class.
(2) The second will be a research paper that explores in depth one of the major cases, issues, or themes that the Court has faced.
Specific instructions and guidelines for these assignments will be handed out in class.
The assignments will be due on the dates indicated in the schedule.
Unless an extension is granted before the due date, late papers will not be accepted. Both assignments may be resubmitted, provided that (1) the original paper was submitted on time, (2) both the initial and the rewritten paper give evidence of serious effort, and (3) the rewrite is submitted together with the original paper no more than seven days after the paper is returned.
The grade for the revised paper will replace the original grade.
Students are required to brief cases and to turn in their briefs on request. Requests will not be announced in advance , unless the instructor changes his mind. Late briefs – i.e., briefs turned in after 3:15 PM on the day they are requested, will not be credited. There will be at least three (3) such requests during the semester. In addition, individual students will be assigned to prepare power point versions of the briefs for the cases indicated in italics below. The schedule and further guidelines for preparing these powerpoints will be discussed in class.
(3) Examinations . There will be a mid-term exam and a comprehensive final examination.
(4) Withdrawal from the course . Withdrawal from the course will be permitted at any time up to the deadline set by the Registrar's office.
(5) Academic Honesty . All work submitted in this course must be the student's own and prepared specifically for this course. Students are reminded of the academic honesty policy of the college and that this is to be followed without exception.
Grading
Grades will be weighted as follows: (1) class participation and briefs, 15%; (2) interpretive essay, 15%; (3) research paper, 25%; (4) midterm, 20%; (5) final examination,
25%.

Schedule (All page numbers refer to the Ducat casebook. The instructor reserves the right to alter this schedule without prior notice.)
1/19 M Introduction
1/21 W Incorporation of the Bill of Rights, pp. 470-483; brief Barron (JB will do)
1/23 F Incorporation/Jury Trials, pp. 483-501; Palko (JB also)
1/26 M Right to Counsel at trial, pp. 506-521; Gideon
1/28 W Right to Counsel before trial, pp. 521-537; Miranda
1/30 F Self -Incrimination, pp. 537-552; Byers
2/2 M Equal Protection, Separate but Equal, pp. 1127-1145; Brown I
2/4 W Desegregation, pp. 1145-1165; Milliken
2/6 F Discrimination: Forward & Reverse?, pp. 1165-1185; Croson
2/9 M State Action, pp. 1185-1207; Runyon
2/11 W Voting Rights I, pp. 1215-1234; Bush
2/13 F Voting Rights II, pp. 1234-1259; Shaw ; Paper 1 due
2/16 M Economic Discrimination, pp. 1259-1279; Rodriguez
2/18 W Parentage/Gender, pp. 1279-1305; Nguyen
2/20 F Sexual Orientation, pp. 1311-1328; Romer
2/23 M Exclusionary Rule, pp. 605-624; Mapp
2/25 W Warrantless Searches I, pp. 625-645; Kyllo
2/27 F Warrantless Searches II, pp. 645-665; Terry
3/2 M Wiretapping, pp. 687-712; Katz
3/4 W extra day for catch-up and review
MIDTERM EXAM 3/6 F
Spring break
3/16 M Privacy; Abortion I, pp. 713-731; Griswold
3/18 W Abortion II, pp. 732-752; Casey
3/20 F A matter of life(style) and death, pp. 753-773; Grusendorf
3/23 M Freedom of Speech I, pp. 776-799; Gitlow
3/25 W Freedom of Speech II, pp. 799-805; 813-833; Brandenburg
3/27 F Freedom of Speech III, pp. 833-851; Rosenberger
3/30 M Freedom of Speech IV, pp. 851-859; Cohen
4/1 W Symbolic Speech, pp. 859-874; Tinker

4/3 F Burn, baby, Burn!, pp. 874-888; Johnson
4/6 M Campaign Finance, Corporate Speech, pp. 888-908; Buckley
4/8 W Press Freedom and Prior Restraint, pp. 935-960; New York Times; Paper 2 due
4/10 F no class (see “Establishment Clause”)
4/13 M Sources, Access, pp. 960-982; Branzburg
4/15 W Obscenity, pp. 982-1004; Finley
4/17 F Libel, pp. 1012-1033; Sullivan
4/20 M Free Press vs. Fair Trial, pp. 1033-1048; Richmond Newspapers
4/22 W Research Day; no class. Students are required to attend Research Symposium
4/24 F Religion/Establishment, pp. 1049-1072; Lemon
4/27 M Religion/Establishment II, pp. 1072-1091; Zelman
4/29 W Religion/Establishment III, pp. 1091-1106; Van Orden
5/1 F Religion/Free Exercise, pp. 1106-1126; Smith
5/4 M Review, conclusions
Final Exam TBA