AMERICAN CONSTITUTIONAL DEVELOPMENT--HONORS
FYS 1399
FALL 2013
Dr. Elizabeth Corey
T/R 11:00-12:15
Morrison 205
Elizabeth_Corey@baylor.edu
Office: Morrison 308
Office Hours: by appt
REQUIRED BOOKS:
Epstein and Walker, Constitutional Law for a Changing America: A Short Course
Anthony Lewis, Gideon’s Trumpet
James Davison Hunter, To Change the World
GOALS AND OBJECTIVES:
In this course we aim to understand (1) the character and meaning of the Constitution of the
United States and of our Federalist system of government and (2) the significant role of the
Supreme Court in American life. Specifically, we will examine how the court has decided
certain key areas of law such as race relations, abortion/privacy and presidential power,
among others.
There are several important objectives for the course. First, you should come to possess and
demonstrate factual knowledge of the major “landmark cases” that the Court has decided
over the history of the United States. You should also be able to define and use in
conversation specific political concepts and issues related to Court decisions such as
federalism, separation of powers, executive privilege, and judicial review. You will also
learn about the personalities and judicial philosophies of the current Supreme Court justices
by reading their opinions and by viewing interviews and documentaries.
By the time of the first test, you should be able to trace a particular issue through a “line of
cases” decided by the Supreme Court. This involves recognizing the issue itself and its
relationship to a particular section of the constitution. It also requires that you explain the
ways in which an issue is framed similarly or differently as the cases progress historically.
(For instance: how has the “right to privacy” changed over the years since the early 1960s
through today?) This requires not just a stating of the findings in the case, but an ability to
see patterns and trends in the decisions.
Finally, by the end of the course you should be able to articulate considered and nuanced
opinions, based on facts and history, on the most contentious political issues of our time.
You should be able, earnestly, to argue on all sides of an issue, regardless of your particular
political views.
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GENERAL INFORMATION AND COURSE POLICIES
ATTENDANCE AND GENERAL CONDUCT IN THE COURSE:
Daily attendance is required. In accordance with Baylor’s policy on attendance, any student
who misses more than 25% of scheduled class meetings (in the current semester, 7 classes)
will automatically fail the course, regardless of performance. However, it will be extremely
difficult—if not impossible—to pass the course even with fewer absences than seven. As
you are aware, this is an Honors course; and students will be held to the highest academic
standards, which depend upon regular attendance and participation. In general you can
rely on this rule of thumb: four or more absences may significantly affect your grade.
There will be unannounced quizzes on most class days, and no make-ups will be given for
quizzes. Moreover, since participation is a major part of your grade you must (of course) be
present to take part in class discussion.
HONOR CODE AND PLAGIARISM:
It is expected that all students will adhere to Baylor’s Honor Code. (For more information
on the Honor Code, see http://www.baylor.edu/honorcode/index.php?id=44060.)
Plagiarism is a serious offense, for which there will be zero tolerance. Students who
plagiarize from any source (including the Internet) will receive a grade of ‘F’ for the course.
OALA
Any student who needs learning accommodation should inform me at the beginning of the
semester. You are responsible for obtaining appropriate documentation and information
regarding needed accommodations from the Baylor University Office of Access and
Learning Accommodation (OALA) and providing it to me early in the semester. The OALA
phone number is (254) 710-3605 and the office is in Paul L. Foster Success Center - Sid
Richardson - Room 189.
COURSE STRUCTURE:
The purpose of our class sessions and the time you spend studying at home is to make
progress toward learning how to read and discuss important political writings and
Supreme Court cases. The backbone of the course will consist of the time you spend
engaged in careful, reflective reading and study outside of class. There is no substitute for
this. If you read consistently and well, you will have no difficulty with (and might even
enjoy) the four ways in which your grade will be determined: A participation grade of 10%
will be based on the contributions you make to classroom conversations. “Contributions”
refers not only to the frequency with which you speak, but the quality of your reflections as
well. It will also be based on attendance, insofar as repeated absences may bring down this
grade substantially. Quizzes will constitute 30% of the grade. There will be two tests, each
worth 20%. There will also be a final exam, worth 20% of the grade.
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Students will be expected to read the assignments carefully and to come to class prepared
for a discussion in which all participate.
Participation------------------------------------------------------------10%
Quizzes----------------------- -------------------------------------------30%
Test 1---------------------------------------------------------------------20%
Test 2---------------------------------------------------------------------20%
Final Exam--------------------------------------------------------------20%
FINAL EXAM: Tuesday, December 17, 2-4 PM
GRADE SCALE:
Your grade, based on scores for participation, quizzes, study questions, writing exercises
and a final exam, will be calculated according to the following scale:
100 - 90% = A
89 - 87% = B+
86 - 80% = B
79 - 77% = C+
76 - 70% = C
69 - 60% = D
59 - 0% = F
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AUGUST
READING (due on days listed below)
27
INTRODUCTION TO COURSE
Gideon’s Trumpet pp. 1-81
29
THE CURRENT SUPREME COURT
Gideon’s Trumpet pp. 82-168
Betts v. Brady (BB)
SEPTEMBER
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THE CONFIRMATION PROCESS
Gideon’s Trumpet pp. 169 to end
Gideon v. Wainwright (565-572)
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CRIMINAL PROCEDURE
Mapp v. Ohio (537-548)
Miranda v. Arizona (552-564)
10
JUDICIAL REVIEW
Federalist 78 (703-706)
Marbury v. Madison (63-85)
12
James Davison Hunter book
pps. 1-47, 79-110
17
James Davison Hunter: VISIT
pps. 111-30, 167-75, 197-272
19
PRESIDENTIAL POWER
pp. 127-52
Clinton v. City of New York
United States v. Nixon
Clinton v. Jones
24
26
pp. 152-176
Korematsu v. US
Youngstown Sheet & Tube
Hamdi v. Rumsfeld
TEST 1
OCTOBER
1
3
COMMERCE
pp. 211- 231
Gibbons v. Ogden
Schechter Poultry
pp. 231-251
NLRB v. Jones & Laughlin
US v. Lopez
Gonzales v. Raich
Heart of Atlanta Motel
4
8
SUBSTANTIVE DUE PROCESS
pp. 297-317
Lochner v. New York
Adkins v. Children’s Hospital
West Coast Hotel v. Parrish
10
PRIVACY/SEXUALITY
pp. 489-507
Griswold v. Connecticut
Roe v. Wade
15
Casey v. PP (on BB)
Bowers v. Hardwick (online)
Romer v. Evans (pp. 627-632)
17
pp. 507-521
Lawrence v. Texas
US v. Windsor (on BB)
Cruzan v. Missouri
22
TEST 2
2
FREEDOM OF SPEECH, ASSOCIATION
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31
pp. 397-418
Schenck v. United States
Texas v. Johnson
pp. 418-442
Morse v. Frederick
Snyder v. Phelps
W. Virginia v. Barnette
Boy Scouts v. Dale
FREEDOM OF THE PRESS, LIBEL
pp. 443-451
Near v. Minnesota
pp. 464- 478
New York Times v. Sullivan
Reno v. ACLU
NOVEMBER
5
RELIGIOUS LIBERTY: Free Exercise
pp. 345-364
Sherbert v. Verner
Employment Div. v. Smith
7
RELIGIOUS LIBERTY: Establishment
pp. 364-395
Lemon v. Kurtzman
Zelman v. Simmons-Harris
Abington v. Schempp
Van Orden v. Perry
5
12
James Davison Hunter
14
RACE & AFFIRMATIVE ACTION
http://digitalcommons.pepperdine.edu/cgi/viewcontent.cgi?article=1707&context=plr
19
pp. 603-614
Plessy v Ferguson
Brown v. Board of Education
Brown II (on BB)
Cooper v. Aaron (on BB)
pp. 633-648
Grutter v. Bollinger
21
GUNS: THE SECOND AMENDMENT
26
In-Class Video: No Reading
28
THANKSGIVING HOLIDAY
pp. 479-487
District of Columbia v. Heller
DECEMBER
3
Constitutional Interpretation
pp. 31-41 and excerpts on BB
5
Scalia-Breyer Debate
Reading posted on BB
FINAL EXAM: Tuesday, December 17, 2-4 PM
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