POLI 311
Fall 2007
Professor Todd C. Peppers
Department of Public Affairs
Roanoke College
Office: West 212
Classroom: West 127
E-mail: peppers@roanoke.edu
Phone: (540) 375-2417
Office Hours: 10-12 (Wed)
- Associate Justice Louis D. Brandeis
Introduction
The Supreme Court of the United States makes important national policy decisions through its interpretation of the Constitution and the Bill of Rights. This course examines judicial decisionmaking by the Supreme Court in areas of national governmental power, separation of powers, and federal-state relations. Through our readings of cases we will examine the decisions of the High
Court, the legal and extra-legal factors that shaped those decisions, and the impact the decisions have had on subsequent Courts as well as society. My hope is that you will leave this course with both a more sophisticated appreciation of how the justices interpret the Constitution and decide cases as well as your own views on what the Constitution means and what role the Supreme Court should play in the political process.
Readings
Constitutional Law for a Changing America: Institutional Powers and Constraints
(6 th Ed.), Lee Epstein and Thomas G. Walker.
Understanding Supreme Court Opinions (5 th Ed.), T.R. Van Geel.
In-class handouts and reserve materials
Grading
Your final grade will be calculated as follows:
In-class case quizzes
Case Brief and Presentation:
Class participation and attendance:
In-class presentation on justices:
5%
10%
10%
10%
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Examination No. 1:
Examination No. 2:
Take-Home Final Examination:
10%
20%
35%
In-class Presentations
During the semester, a team of students will give a 15 minute presentation on a current or former member of the United States Supreme Court. The presentation and report should serve as a mini judicial biography on the justice, and must include biographical information as well as an analysis of the justice’s judicial ideology, voting record, and key cases. The presentation must be done using power point.
Class participation and case briefing
Note that class participation and attendance constitute 10% of your final grade, and your case brief/in class presentation another 10%. During the semester, each student will be assigned one
(1) case to present in class. The student is required to read the full opinion of the case (not the abridged version in the text book) and to “brief” the case for discussion. Since the Epstein and
Walker text normally does not contain the full-text of the opinion, the student should use Lexis/
Nexis Academic Universe to review the case. The class will begin with the student and the professor discussing the relevant facts and holding of the case before the entire class is drawn into discussion and analysis. The student assigned to “brief” and discuss the case will also turn in a written brief
( no longer than 2 pages ).
Additionally, you are expected to have read all cases before class. While one student may be assigned to brief a specific case and participate in discussion on a given day, you will be called upon to assist in the summary and analysis of the case. In short, be prepared for every class period. To make sure that all students are reading the assigned cases, I reserve the right to give short “pop” quizzes on the reading assignments. These quizzes constitute 5% of your final course grade.
When reading Supreme Court opinions, you will encounter unfamiliar terms and legal concepts. Do not simply skip these terms and concepts — look them up so you can further enhance your understanding of the case. It is not necessary to purchase a law dictionary, although Black’s
Law Dictionary is an excellent investment for a pre-law student. You can also look up terms and concepts at the following web site: www.law.com
.
Class attendance
Each student has two (2) unexcused absences this semester. You may use them without having your class participation and attendance grade affected. All other absences must be excused by the instructor or your participation and attendance grade will be lowered. Use your unexcused absences wisely. If you are a member of an athletic team or other college club and know that you will be missing class in the coming semester, then you need to save these unexcused absences for any
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schedule conflicts.
Disability Issues
If you are on record with the College’s Special Services as having special academic or physical needs requiring accommodations, please discuss this with me as soon as possible. We need to discuss your accommodations before they can be implemented. Also, please note that arrangements for extended times on exams and testing in a semi-private setting must be made at least one week before the exams. If you believe you are eligible for accommodations but have not yet formally contacted Special Services, contact the Center for Learning & Teaching (x2248).
Academic Integrity
Cheating of any form or degree will not be tolerated. Please familiarize yourself with
Roanoke College’s Academic Integrity System, which can be found in the Student Handbook. To quote an old legal maxim, “ ignorance of the law is no excuse .”
Cell phones and Pagers
Cell phones and pagers must be turned off prior to entering the classroom or lab. The first time a cell phone or pager rings during class (or you are caught using such a device), you will purchase donuts and juice for the entire class; the second time, you will be excused from class and receive an “F” that day for class participation. Of course, the use of any electronic device during a quiz or exam is strictly prohibited. This includes Palm Pilots, Pocket PCs, and Blackberries. Any use of such devices during a quiz or exam will be considered a breach of academic integrity.
Your use of a laptop computer in my class is contingent upon you not abusing the privilege by checking e-mail, playing videogames, surfing the Internet, etc. If you are caught using the laptop for activities other than note taking, then you will not be allowed to use the laptop for the rest of the semester.
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Week 4:
(Sept.17-21)
Week 5:
(Sept.24-28)
Week 1:
(Aug. 29-31)
Week 2:
(Sept. 3-7)
Week 3:
(Sept. 10-14)
Course Schedule
Introduction to course and syllabus
The Supreme Court and the American legal system
Readings: Introduction & Chapter 1, E/W
Chap ters 2, 8 VG
The Supreme Court and Legal Opinions
Readings:
Chapter 2 (E/W)
Chapter 3-6, VG
September 13 th
– Mini examination of the Supreme Court and the Federal Judiciary System
The Federal Courts and Judicial Review
Readings: Pages 68-94 (E/W)
Cases:
Marbury v. Madison
Martin v. Hunter’s Lessee
Presentation:
John Marshall
Article III and Constraints on Judicial Power
Readings: Pages 94-125 (E/W)
Cases : Presentation:
Ex Parte McCardle
Hamdan v. Rumsfeld
Baker v. Carr
Nixon v. United States
Flast v. Cohen
William J. Brennan, Jr.
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Week 6:
(Oct. 1-5)
Week 7:
(Oct. 8-12)
Week 8:
(Oct. 15-19)
Week 9 :
(Oct. 22-26)
Institutional Procedures of the Legislative Branch
Readings: Pages 127-153(E/W)
Cases:
FALL BREAK
Powell v. McCormack
U.S. Term Limits, Inc. v. Thornton
Gravel v. United States
Presentation:
Byron White
Sources and Scope of Enumerated and Implied Legislative Power
Readings: Pages 153-178
Cases:
McCulloch v. Maryland
McGrain v. Daugherty
Watkins v. United States
Barenblatt v. United States
Presentation:
Earl Warren
The Executive Branch: Scope of Powers
Readings: Pages 192-235 (E/W)
Cases:
Bush v. Gore
In re Neagle
Clinton v. City of New York
Morrison v. Olson
Myers v. United States
Presentation:
William Howard Taft
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Week 13:
(Nov. 19-23)
Week 10:
(Oct. 29 – Nov. 2)
Week 11:
(Nov. 5-9)
Week 12:
(Nov. 12-16)
Examination No. 2
Executive Power: Privacy, Privileges, and Pardons
Readings: Pages 239-263 (E/W)
Cases:
United States v. Nixon
Mississippi v. Johnson
Nixon v. Fitzgerald
Clinton v. Jones
Ex parte Grossman
Murphy v. Ford
Executive & Legislative Power: Foreign Policy
Readings: Pages 263- 267; 287-336
Cases :
United States v. Curtiss-Wright
The Prize Cases
Ex Parte Milligan
Ex Parte Quirin
Korematsu v. United States
Youngstown Sheet & Tube v. Sawyer
Presentation:
Warren Burger
Presentation:
Hugo Black
Executive & Legislative Power: Foreign Policy
Readings: Pages 263- 267; 287-336
Cases : Presentation:
Sandra Day O’Connor
Dames & Moore v. Regan
Hamdi v. Rumsfeld
Hamdan v. Rumsfeld
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Week 14:
(Nov. 26-30)
Federalism
Readings:
Cases:
Pages 339-373 (E/W)
Week 15:
(Dec. 3-7)
McCulloch v. Maryland
Scott v. Sandford
Hammer v. Dagenhart
United States v. Darby Lumber
National League of Cities v. Usery
Federalism II
Readings: Pages 373-390
Cases:
Garcia v. San Antonio
New York v. United States
Printz v. United States
TAKE-HOME FINAL EXAMINATION
Presentation:
O.W. Holmes, Jr.
Presentation:
Harry Blackmun
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