Political Science 403/503
Constitutional Law
Spring 2004
MWF: 10-10:50
Fayard 239
Office Hours: MWF 10-12, MW 2-3
T&Th 11-1:50
Dr. Peter A. Petrakis
Office: Fayard 355D
Telephone: 549-3465
e-mail ppetrakis@selu.edu
Course Description and Objectives
The United States is a constitutional republic. As such, all national governmental power is granted (or
constrained) by the U.S. Constitution. Despite the apparent simplicity of this arrangement, there has
been considerable debate as to what, in practice, this means. This course is an introduction to that
debate. By focusing on U.S. constitutional jurisprudence in general and numerous federal court cases in
particular, it is possible to gain a deeper understanding (and perhaps appreciation) for America’s
constitutional system. Key issues to be analyzed are separation of powers and federalism as well as
economic issues such as the commerce clause, taxing powers, substantive due process and the takings
clause. An ancillary concern is the unique role the Supreme Court fulfills in American government. For
although the Congress and the Presidency have considerable power to shape and give substance to the
Constitution, the Supreme Court has emerged as its most potent and influential interpreter. Thus, special
attention will be directed to the Supreme Court as an institution. How does it function, what are its
strengths and weaknesses, and how has it changed?
Law does not occur in a vacuum but rather emerges out of specific cultural, social, and political contexts.
Given this, and in order to comprehend the interplay of law and politics, sources other than U.S. Supreme
Court decisions will be addressed. Be prepared, then, to deal with sources from political science, history,
as well as legal and political theory. For the most part, your casebook provides the necessary sources;
however, occasionally you may be required to obtain materials from other sources (the library, Internet,
or from Blackboard).
The main objectives of this course are as follows: (1) guide students in a brief survey of the constitutional
law of the United States dealing with institutional powers and federal and state relations; (2) teach
students how to read and understand legal materials; (3) develop students' abilities to think and write
critically; (4) develop and enhance students' writing capabilities; (5) and finally, to stimulate students to
examine the their views as well as the values of the United States concerning the proper and efficacious
arrangements of political power.
Reading Materials: The rental text for the course is Constitutional Law for a Changing America, Lee
Epstein and Thomas Walker, 4th Edition, (Congressional Quarterly). Students are to purchase The
Supreme Court, William Rehnquist, (New York: Vintage Books, 2002), from the bookstore. In addition,
you may be required to locate Supreme Court decisions. Most materials will be posted on Blackboard and
can be accessed at www.roomie.selu.edu.
Course Requirements: Because participation is imperative to the success of this class, students must:
1) Attend class regularly and punctually.
2) Prepare your readings and case briefs prior to class.
3) Actively participate in class discussions.
MIDTERM:
FINAL:
BRIEFS, QUIZZES AND HYPOTHETICALS:
SHORT RESEARCH PAPER:
25%
30%
15%
15%
BOOK EXAM
15%
Research Paper: students are required to research and write a paper of 8 to 12 pages in length on an
area of constitutional law. Paper topics will be discussed and selected very early in the term.
Course Policies
Grading and Exams: Students must take all exams and complete all majfor writing assignments in order
to pass this class. No one will be allowed to retake, drop, or count any exam twice. No one will be exempt
from the final examination, which will be given in the regular classroom and at the time listed in the
Schedule Bulletin and in this syllabus. All final exams will be taken during final exam week and no one
will be allowed to reschedule final exams except for graduating seniors whose exams fall on Thursday or
Friday of exam week. In such instances, graduating seniors will be required to take their finals earlier in
the exam week. Students are expected to keep up with the reading assignments. All course grades are
final and will not be changed unless there is an error in calculation. There will be no individual extra
credit assignments so do not ask.
The grading scale is as follows:
100-90 = A
89-80 = B
79-70 = C
69-60 = D
59 and below = F
Incomplete Grades: University policy requires that “I” or incomplete grades are to be given only to
students whose work is of passing quality and for reasons and/or circumstances that are beyond student’s
control. Incompletes will not be given for facile reasons, unexecused absences, or to student’s whose class
average is below 60%. For those rare instances where “I” grades can be given, instructors are authorized
to give incompletes only if the proper paperwork is completed. Students must complete an “I” Contract
form, available in the History and Political Science Departmental office, which must subsequently be
signed by the instructor and the Head of the Department. Incompletes are not final grades and students
must follow the procedures described in the SLU catalogue or the “I” will become an “F. Graduate
students must meet more stringent criteria. Grades will not be given out by phone or e-mial but may be
accessible on Blackboard.
Cheating and Plagiarism: Exams will be closely monitored. Anyone caught cheating and/or committing
plagiarism will fail the course and will be reported to the appropriate university officials.
Official Communication: Begun in January 2003, Southeastern exclusively uses SLU student e-mail
accounts to communicate information about curriculum, classes, assignments, and other important
information. Student’s can access their e-mail accounts from Webmail on SLU’s home page. Instructors
will not respond to student e-mail from any other e-mail addresses. Students should check e-mail
accounts regularly. Announcements involving the entire class will be posted on the Blackboard website
for this class.
Syllabus Receipt Form: By the end of the drop/add period, all students must sign a form acknowledging
that they have received a copy of the syllabus or accessed it on the Blackboard website and that they have
read and completely understood the requirements for this course. Failure to sign this form could result in
a five point deduction from your final course average.
Attendance: Students are expected to follow the attendance policy as stated in the 2002-2003 General
SLU Catalogue (p. 59): “Class attendance is regarded as an obligation as well as a privilege, and all
students are expected to attend regularly and punctually all classes in which they are enrolled. Failure to
do so may jeopardize a student scholastic standing and may lead to suspension from the college or
university . . . . A student shall submit excuses for all class absences . . . within three class days after the
student returns to his respective class . . . . When any student that receives unexcused absences (e.g., ten
percent of the total classes) in any class, the instructor may withdraw the student with a grade of W.
Unfortunately, experience has taught that I must make additional comments. Although I seldom draw
attention to students who attend late, habitual tardiness will not be tolerated. Furthermore, extreme
tardiness defeats the purpose of attendance and is disruptive. If you are more than 10 minutes late, do
not bother attending. Also, if you must leave the class prior to the scheduled time, you should contact me
prior to class. If there is an emergency and you must excuse yourself please, by all means, do so. But
when you return, contact me and explain the situation. In short, students will not be permitted to simply
come and go at their pleasure.
It is the responsibility of the student to obtain class notes missed due to absences egitimate or
otherwise rom other students in the class. Lectures will not be repeated. Warning: any student arriving
late to an examination, especially if someone has completed the exam, will not be allowed to take that
exam. Furthermore, such lapses will not be counted as a legitimate excuse for a make-up.
This course is registered on Blackboard and students can and should access important information by
going to www.roomie.selu.edu. The syllabus, announcements and grades will be posted on Blackboard.
Military Service: The Board of Supervisors for the University of Louisiana System has a policy
governing students called up for military service during the course of a semester. SLU adheres to that
policy.
Make-up exams: All make-up exams will be given during the final examination. There will be no
exceptions. Do not expect make-up exams to be identical in form or content to original examinations.
For example, make-ups may be fill in the blank, short answer, or essay exams. In addition, do not expect
to automatically be granted a make-up, only acceptable excuses (medical, legitimate extra-curricular, etc.)
are guaranteed.
Special Needs: Any student that requires special attention due to a real necessity, such as a learning,
hearing, seeing, or movement impediment, should advise the instructor immediately. Appropriate
measures will be taken. SLU is committed to compliance with the Americans With Disabilities Act, but
students are required to self-identify with the Office of Student Life, Room 203, Student Union.
Attention: Students are responsible for reading, understanding, and keeping this syllabus. It is an
important document that clearly details both students’ and instructor's responsibilities. If you lose this
syllabus, come see me or access the syllabus on the Blackboard website and get another one. It is an
important document. I will pass around a syllabus receipt form where you will sign that you indeed
received a copy of your syllabus.
Additionally, do not burden the department with minor complaints! I am available to discuss tests,
grades, or more specific problems. If I am not on campus, simply leave a message on my answer machine
and I will contact you promptly. Repeat, do not complain to the department until you have exhausted
your options with me—penalties will be imposed for inattention to this warning! Students can be
penalized up to 5 points from their final average.
Important Dates and Information
q
Monday, January 19
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Tuesday, January 20
q
Monday-Tuesday, February 23-24
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Wednesday, February 25
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Friday, March 19
q
Friday-Friday, April 9-16
q
Friday, May 7
Tuesday, May 11
Martin Luther King, Jr. Holiday
First day of classes
Mardi Gras Holiday
classes resume at noon
Last day to withdraw or resign
Spring Break
Last day of classes
Final Examination @ 8:00-10:00
Class rosters will be distributed very early in the term. All non-paying students will be omitted from class
rolls on this date. These rolls are important in that no student will be allowed to remain in a
class if their names do not appear on the official class roster.
Basic Course Outline: a reading schedule will be handed out separately.
Note: reading and case briefs will be assigned in class. Students should get contact information from
other students in case of missed classes.
Part I: The U.S. Constitution, pp. 3-11
1) Understanding the Supreme Court, pp. 13-49
Part II: Institutional Authority, pp. 55-60
2) Judiciary, pp. 61-119
Book Exam on The Supreme Court, William Rehnquist approximately2/25 or 2/27
3) Legislature, pp. 121-183
4) Executive, pp. 185-251
5) Separation . . . in Action, pp. 252-296.
Mid Term Examination approximately 3/12 or 3/15
Part III: Nation-State Relations, pp. 299-303
6) Federalism, pp. 305-383.
7) Commerce Power, pp. 385-460
8) Taxing and Spending, pp. 462-514.
Part IV: Economic Liberties, pp. 517-519.
9) Contract Clause, pp. 521-553
10) Substantive Due Process, pp. 554-599.
11) Takings, pp. 600-630.
Final Examination on Tuesday, May 11 @ 8:00-10:00