Department of History and Military Studies
HIS 571 (OC 553)
HIS 571: U.S. Constitutional History
3 Credit Hours
16-Weeks
Prerequisite(s): None
Table of Contents
Instructor Information
Course Description
Course Scope
Course Objectives
Course Delivery Method
Evaluation Procedures
Grading Scale
Course Outline
Policies
Academic Services
Course Materials
Selected Bibliography
Instructor Information
Instructor:
Dr. Scott A. Merriman
Email:
SM1240@online.apus.edu
Office Hours: By Appointment
Table of Contents
Course Description (Catalog)
HIS 571 U.S. Constitutional History (3 hours)
This course examines the origins, content, and judicial interpretations of the U.S. Constitution. The course
involves study of the Supreme Court’s evolving decisions on such issues as states’ rights, civil rights, the
Commerce Clause, Due Process in criminal and other proceedings, and protected freedoms (speech,
religion, assembly, etc.) under the Constitution. Students will have extensive reading and writing
assignments, which will culminate in a complex research paper.
Table of Contents
Course Scope
This course is designed for professionals studying the US Constitution and its history. Students will
prepare a research paper as well as investigate the Amendments and how the Constitution has been
deliberated in court. The objective of the plan would be to expand your knowledge about the history and
current implications of the US Constitution in everyday situations. The emphasis will use open source
research, including the Internet and available proprietary databases.
Table of Contents
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February 22, 2008
Course Objectives
Course Objectives:
LO-1 Analyze the creation of the U.S. Constitution in relation to social and political values.
LO-2 Debate what makes the US Constitution different from other countries’ constitutions.
LO-3 Assess the various aspects Supreme Court’s decisions on State’s rights and civil rights.
LO-4 Debate a theory about the meaning and importance of Due Process.
LO-5 Analyze amendments and how they relate to issues particular to American culture.
LO-6 Apply the Constitutional guarantees and limitations to problems involving real-world issues.
Table of Contents
Course Delivery Method
This course will offer the student a highly interactive virtual classroom. Each week’s lesson will have a
course announcement, assigned readings, and, during some weeks, discussion groups based on either
course readings or other sources. The course will provide the student with the necessary knowledge of
the US Constitution to better appreciate and comprehend events, laws, and motivations of lawsuits in the
news. Each student is expected to fully participate in discussions and interact with the instructor and other
students, reading assignments and assigned projects should be completed in a timely manner.
Table of Contents
Course Materials
Book
Number
Author
OC553 – 1 Jordan, T.
OC553 – 2 Liell, S.
OC553 – 3 Berkin, C.
OC553 – 4 Monk, L.R.
OC553 – 5
Baker &
Williams
Book Title
Publication Info/Year
The US Constitution and
Fascinating Facts About it.
46 Pages: Thomas Paine
Common Sense and the
Turning Point to
Independence
A Brilliant Solution:
Inventing the American
Constitution
The Words We Live By.
Your Annotated Guide to
the Constitution.
Naperville, IL: Oak Hill
1891743007
Publishing Company (2003)
Constitutional Analysis
ISBN
Philadelphia, PA 19103:
Running Press (2003)
0762418133
NY: A Havest Book,
Harcourt Company, Inc.
(2002)
0156028727
NY: A Stonesong Press
Book, Hyperion. (2003)
0786867205
St. Paul, MN 55164: West, a
0314265147
Thompson Business
RECOMMENDED REFERENCES

The Chicago Manual of Style, 15th ed. Chicago: University of Chicago Press, 2003.

Turabian, Kate L. Manual for Writers of Term Papers, 6th Edition. Chicago: University of Chicago
Press, 1996. Purchase Optional.

Marius, Richard, and Melvin E. Page. A Short Guide to Writing about History, 6th ed. New York:
Longman, 2007.
Accessible through The Online Library.
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February 22, 2008
IMPORTANT NOTE: The Department of History and Military Studies requires conformity with the
traditional University of Chicago Style Manual and its Turabian offshoot. Citations will follow traditional
footnote attribution. Do not use endnotes or parenthetical (MLA) variation.
Table of Contents
Evaluation Procedures
Grades for this course will be based upon six grading instruments.
Grade Instruments:
Discussion Board/Class Participation
Mandatory Outline for Paper
Mid-Term Online Exam
Amendment Case Reviews
Constitution Research Paper
% of Final Grade
25%
5%
15%
25%
30%
100%
Table of Contents
Grading Scale
APUS Grading System--Graduate
Grade
Quality Points/Percent
Description
A
4.0 / 100 - 94
Excellent
A-
3.67 / 93-90
B+
3.33 / 89-87
B
3.0 / 86-84
B-
2.67 / 83-80
C+
2.33 / 79-77
Unsatisfactory
C
2.0 / 76-73
Unsatisfactory
F
0.0 / 59-0
Failing
P
NONE
Comprehensive Exam/Thesis/Practicum Only: Pass
Minimum Performance Level Expected
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February 22, 2008
PD
NONE
Comprehensive
Distinction
Exam/Thesis/Practicum
Only:
Pass
FAIL
NONE
Comprehensive Exam/Thesis/Practicum Only: Failed
with
Course Information
Together, we will embark on the study of the History of the US Constitution using problem-based learning,
or PBL. PBL is similar to the case study method. You will learn concepts by doing rather than by rote and
or memorization. PBL will allow you to apply your real world experience and knowledge to the material
that we are learning. In addition, this process of learning allows you to share your experiences with your
classmates and elaborate as well as collaborate on specific topics and ideas.
The course work may be challenging sometimes and you may find some of the work frustrating,
remember that Rome was not built in a day, so be patient, ask questions, pose problems and issues that
you may be having and let me know when you need help. You will find this course a unique and
rewarding experience.
Netiquette is important! Remember this is a professional course and netiquette is important. Discussion
Board statements, e-mail, or associated assignment comments should not include desultory remarks or
foul language. If you wish to use a common saying or industry acronym, please define the term the first
time you use it or explain your intended meaning of the saying and/or the industry acronym.
Your Responsibilities include the completion the assigned tasks each week and contribution to the
discussion board. Realizing that most of you occupy full-time positions in the corporate sector or in
government, you must create and adhere to a schedule for completing all assignments on time. If you are
unable to log in every day, please log in every other day so that you do not have to do everything all at
once and at the last minute.
My Responsibilities: Include guiding you through the course, asking questions, posing issues and
problems for thought and resolution on assignments, in examinations, and issues on the discussion
board, responding to your comments in the discussion board, and grading your tasks. On average, I will
respond to your questions and comments within 24 hours Monday through Friday, and 48 hours on
Saturday and Sunday, and 72 hours during holidays (e.g.., Memorial Day, etc). I will generally always
respond to your posts within this time limit, even if I am unable to give a full answer at that time. I will
respond to task submissions within 7 days. Since courses start on Monday or the beginning of the week; I
often grade at the end of the week (usually I have your grades posted by Saturday following the Sunday
the assignments are due).
It is REQUIRED and necessary to e-mail me when assignments will be late, when you have a specific
question about an assignment (after you have thoroughly read the course guide, the introductory material
in the course guide, and reviewed the material in the appendix) and/or the books. This ensures that I am
able to answer your specific question efficiently. It is NOT necessary to e-mail me when you have
uploaded assignments in your student folder.
Office Hours – By Appointment. Email me and we can set up a mutually convenient time to discuss any
issues.
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E-mail: This is an AMU classroom internal email address. It is my preferred and most efficient means
of communication with you. I will respond to your questions and comments within 24 hours Monday
through Friday, and 48 hours on Saturday and Sunday, and 72 hours during holidays (i.e., Thanksgiving,
Christmas, and New Years Day, etc.). Be sure to put your name and your class name/number in the
subject line of your email.
Telephone: 859-420-0844 for voicemail and fax messages. Please contact me via email to arrange an
appointment prior to your call so that I may have prepared answers for your questions. You may also
contact me by e-mail to schedule a Chat. The Chat function is in the left hand column along with the other
course features and can be used to chat with me or your classmates.
Mailing Address – Please note I prefer to receive all personal communication by e-mail. All assignments
should be uploaded into your student folder. Please do NOT e-mail assignments to me.
Readings, Assignments and Classroom Participation – This is a graduate level class. You will be
required to read an average of 100 pages per week or around 1,500 pages for this course. This course
requires you to develop a time management plan and self-discipline to follow it. Throughout the course,
you will be given assignments that require writing and online interaction. Most of this interaction is
asynchronous which means you are not required to be online at a specific time and place with your
professor or classmates. This does not mean that you can pass this class without doing any reading or
any work. Many comparable graduate level courses at other institutions have over twice this much
reading, if you are wondering how this course compares with others.
IMPORTANT NOTE: DO NOT DELETE ASSIGNMENTS FROM YOUR STUDENT FOLDER! Even if
you revise and resubmit.
PAPER OUTLINE: As we begin this course, you should immediately begin thinking about your paper
topic. Because I know human nature, I am going to prod you along, and require that you submit a twopage outline of your paper (with headings, subheadings, and sub-subheadings if necessary), with a full
bibliography (including primary and secondary sources).
RESEARCH PAPER. The Research Paper is to be 15 – 20 typed pages (double-spaced) and is due the
sixteenth (16) week. It accounts for 30 percent of your overall course grade. Choose materials
supplementing the assigned text or providing the opportunity to explore interesting topics about the US
Constitution and/or the Amendments to the US Constitution in more detail. An essential purpose of the
research design paper is to help the student to demonstrate synthesis and assimilation of the course
material as well as develop a more in-depth aspect of the history of the US Constitution. It also
encourages independent thinking, critical analysis, and enhances writing skills. As this is a Graduate level
course, you should research at least 7 to 10 appropriate resources.
CONSTITUTIONAL AMENDMENT CASE REVIEWS – After the mid-term you will review approximately 5
amendments per week (except for the last week, when you review seven). Choose one each week from
the ones assigned and research it. Provide a brief history of why the amendment was created. Then, give
one example of how the amendment was used positively and one example of how it was used negatively
in a US or State court. Each review should include summary abstract of the cases. A summary abstract is
generally 120 – 250 words. While this is a Graduate level course, these are meant to be short reviews, so
you only need to research 3 to 5 resources.
Categorize your analysis into the following sections: Abstract, Background/History, Key Learnings,
Applications, the items or ideas that need Further Investigation and/or research, then Positive and
Negative Uses of the Amendment (including your opinion of why the cases/statutes/other uses were
positive and/or negative to the population of the US as a whole), and Bibliography. Items under each
category should be complete sentences bulleted for ease of reference, not simple phrases with a period
at the end. See the example at the end of this syllabus for further guidance regarding format.
The review may be either four pages – single spaced, or eight pages – double-spaced. Cover pages are
not necessary since everything is loaded onto the web, but make sure that your name is somewhere on
your paper. Again, PLEASE make sure you spell-check your review before uploading them. If you cite
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specific definitions or sources make sure you include the complete reference for the citation at the end.
Points will be deducted if assignments have misspelled words or incomplete or inaccurate reference
citations! Appropriate citations format is listed on the next page under Citations. An example of an
amendment review is provided in the Appendix.
Discussion Board – The Discussion Board will provide you with the opportunity reflect on current issues
with your classmates. Throughout the course, I may post information, articles, and/or ask questions that
can help you with your article reviews and cases. You are required to post at least one response to
the discussion board question (i.e. the question/issue that I post) AND reply to at least one of your
classmates in order to receive full credit.
 Posing questions on the discussion board is similar to posing questions in a face-to-face classroom. It
will be important to be specific and ask open-ended questions. Your responses to postings should
include supporting information for your answer(s), they should NOT be based solely on conversations
with friends.
 If you use information that is NOT your own, give proper credit by citing the reference (i.e., see the
citations section above).
 Finally, do not use all capital letters for names or postings. While one word will be emphasized in all
caps, the entire sentence or name means you are yelling in cyberspace.
Exam – The midterm exam will be administered a week after the half-way point of the course. It will be
administered online and will consist of questions requiring a short essay.
Answers should be specific and detailed in essay format. Specifically, that means your answers should be
in paragraph format with complete sentences. Paragraphs should include a beginning statement, detailed
and specific information responding to the question, and a summary statement. Do not upload your notes,
items with bulleted categorical headings or incomplete sentences with bullets or numbers.
Examination questions are derived from the weekly objectives, which come from course readings. Your
synthesis and analysis of the material in the course should be clearly demonstrated with detailed and
specific responses. Some questions can be completely and thoroughly answered in two (2) paragraphs;
whereas, other questions may require two (2) pages.
NOTE: Education Officers or Proctors are not required for examinations in this course; however, any
student caught cheating or collaborating will be given a zero on the exam and academic probation.
Assignment Submissions – All assignments are due on Sundays at midnight EST/EDT.
Although Distance Learning provides you with a flexible schedule to meet your professional, personal,
and academic responsibilities, you are expected to follow the student course guide and submit
assignments on time and on schedule. If you know you are going to be late, you may avoid a penalty to
your grade, simply by e-mailing me in advance that you will be late and provide me with your planned
completion date (and then, of course, finishing your paper by that completion date). Less preferred is an
email as soon as possible after the due date with a planned completion date. I will be happy to work with
you but you must keep me informed of your situation. Late submissions could cost you points!
Sometimes, work situations, family emergencies, and natural disasters prevent assignments from being
submitted. Please send me an e-mail and together we will figure out a way to deal with the situation so
you can handle the situation and complete this class and your education.
COURSE EXTENSIONS
Students must determine the need for their first Course Extension and submit their "Request Course Extension"
form (located inside the student Campus in the FORMS MENU) before the end of the course. Students must include
a realistic plan for completion of the course with their request. Coursework must be completed within the time limit
of the extension. Students must notify instructor by email any time they upload assignments to the classroom while
on an extension. Any subsequent extension requests must be submitted online prior to the expiration of the current
extension. With instructor approval, courses may be extended in 30-day intervals for a maximum of 60 days.
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February 22, 2008
Students who will be prevented from participating in a course due to extenuating circumstances may be eligible for
a Deployment and/or Special Circumstances extension. Students wishing to discuss this option may contact the
Registrar's Office at registrar@apus.edu or 877-468-6268, ext. 3600.
Course Outline
16 Week Course
Week
Topic(s)
Learning
Objective
Reading(s)
Assignment(s)
US Constitution and Fascinating
Facts About It (entire booklet);
1
Introduction to
US Constitution
LO 1, 2
46 Pages: Thomas Paine, Ch 1-7;
Discussion Board Participation
Constitutional Analysis, Ch 1
2
3
4
5
6
Calling for a
Convention
Constitutional
Convention
Ratification &
Inauguration
Articles of the
Confederation
Preamble, Articles
1, 2, & 3
46 Pages, Chapters 8 thru App;
Discussion Board Participation
LO 1, 2
Constitutional Analysis, Ch 2
LO 1, 2
Brilliant Solution, Ch 1-3;
Discussion Board Participation
Constitutional Analysis, Ch 3
LO 1, 2
Brilliant Solution, Ch 4-6;
Discussion Board Participation
Constitutional Analysis, Ch 4
Brilliant Solution, Ch 7-10;
LO 1, 2
Discussion Board Participation
Constitutional Analysis, Ch 5
Monk, Preamble, Articles 1, 2, &
3;
LO 1, 2
Discussion Board Participation
Constitutional Analysis, Ch 6
Full faith,
amendments,
Supreme Law, &
Ratification
LO 1, 2
8
Assimilation of
Learnings to Date
LO 1-2
9
Review
LO 1-2
10
Amendments
11
Amendments
12
Amendments
7
Monk, Articles 4, 5, 6, & 7;
Constitutional Analysis, Chapter 7
LO 1-6
LO 1-6
LO 4, 5, 6
Discussion Board Participation
Outline for Research Paper
Constitutional Analysis, App A
Discussion Board Participation
None
Examination
Monk, Amendments 1-5;
Monk, Amendments 6-10
Monk, Amendments 11-15
Page 7
One Amendment Case Review
One Amendment Case Review
One Amendment Case Review
February 22, 2008
LO 4, 5, 6
Amendments
14
Amendments
15
Research Paper
LO 1- 6
None
Work on your paper
16
Research Paper
LO 1-6
None
Constitutional Research Paper
LO 4, 5, 6
Monk, Amendments 16-20
One Amendment Case Review
13
Monk, Amendments 21-27
One Amendment Case Review
Table of Contents
ACADEMIC DISHONESTY: PLAGIARISM AND CHEATING
The University System supports and promotes academic honesty and personal integrity. Cheating can
take the following forms:
Submitting another person's work
Writing a paper for someone else
Working in a group effort without faculty consent
Buying a paper from a research service
Getting outside help or giving outside help without a teacher's expressed permission
Submitting the same work for credit without approval (e.g. submitting the same assignment twice for
different courses)
The Web & Plagiarism Note: The Web has made it quite easy to copy and insert materials into a paper.
Students must be careful to properly attribute materials found on the Web. In a collegiate setting,
attribution typically relies on a formal academic style manual for its citation models (See Citation and
Reference Style). Such models describe how to append footnotes and endnotes, when:
Quoting another’s exact words, you are obviously expected to name the author and place the words
in quotation marks or in indented text blocks. The citation number is placed immediately at the
end of the quotation.
Acknowledging background sources to your own descriptions--. The citation number is normally
placed at the end of the paragraph.
Note: The University offers tools in its Online Library Research Center to help you analyze your
papers for possible plagiarism violations and for instructors to uncover such activities.
WRITING EXPECTATIONS
All written submissions should be submitted in a font and page set-up that is readable and neat. It is
recommended that students try to adhere to a consistent format, which is described below.
Typewritten in double-spaced format with a readable style and font and submitted inside the
electronic classroom (unless classroom access is not possible and other arrangements have
been approved by the professor).
I suggest Arial 11 or 12-point font or Times New Roman styles 10 point.
Page margins Top, Bottom, Left Side and Right Side = 1 inch, with reasonable accommodation being
made for special situations and online submission variances.
CITATION AND REFERENCE STYLE
Turabian, Kate L. Manual for Writers of Term Papers, 7th Edition. Chicago: University of Chicago Press, 2007.
Purchase Optional. Accessible through the APUS Online Research Center.
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Assignments completed in a narrative essay or composition format must follow the accepted guidelines of the
American historical profession, which is the Chicago Manual of Style. This course will require students to use
the citation and reference style established by Kate Turabian in A Manual for Writers of Term Papers, Theses,
and Dissertations, 7th ed. (Chicago, IL: University of Chicago Press, 2007), which is the most readily available
distillation of the Chicago Manual.
Chicago/Turabian Style Manual
The Chicago Style Manual for book-length works and its Turabian offshoot for research papers have long been the
standard across all fields of study, as well as much of the publishing industry. These texts cover the layout and
production gamut--including rules for chapter headings and subheadings, abbreviations, alphabetizing non-English
names, and table design/designation. You, however, will be most concerned with Turabian's traditional "endnote"
style and three parts for guiding the layout of your research papers:
1.
2.
3.
Front matter--e.g., title page, copyright statement, dedication, table of contents, lists of illustrations or
tables, acknowledgements, abstract.
Narrative with scholarly attributions.
Back matter--endnotes, bibliography, appendices.
HISTORICAL NOTE
In the nineteenth century, the revolutionary appearance of a Mass Press coalesced with a drive toward the "New
University." That union gave rise to the modern academic publishing scene with academic presses, professional
journals, and the lasting drive for research with the "publish or perish" syndrome. In 1906, one of the mainstays of
that movement, the University of Chicago Press, took the opportunity to formally codify mechanisms and a
budding set of conventions for book-length manuscripts. Over the years, the Chicago Manual of Style would
become the key reference source and standard for scholars and the publishing industry. The manual is updated
about every ten years and by 2003 already in its fifteenth edition a mammoth volume of almost 1,000 pages.
University of Chicago dissertation secretary Kate Turabian produced her first Student Manual in 1937 to simplify
"Chicago" matters for "term papers, theses, and dissertations." Turabian, as it came to be popularly known, proved
the savior for many generations of college students. Indeed, the University of Chicago Press posthumously
published her sixth edition--Manual for Writers of Term Papers, Theses, and Dissertations--as a 60th anniversary
tribute in 1997. A 7th version has since been published.
Lest you become confused, these offer essentially the same form of citation. The Chicago Manual of Style
came first and became the mainstay for many scholars, but with an emphasis on book-length works. Kate
Turabian followed with her Manual for Writers of Term Papers, Theses, and Dissertations—a shortened
version with student-level concentration on "term papers, theses, and dissertations."
Additional Resources
Turabian Bibliographic Form: Parenthetical Reference
http://www.library.georgetown.edu/guides/turabianparen/turabianparen.htm
Automated Generators
Rapidcite.com, for APA, MLA, & Chicago Style Manuals
Turabian Citation Generator--a freeware cite under development.
Examples of bibliographic forms:
Book, single author –
Sheehan, Neil. A Bright Shining Lie: John Paul Vann and America in Vietnam. New York: Random House,
1988.
Book, multiple authors –
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February 22, 2008
Schwarz, John E., and Thomas J. Volby. The Forgotten American. New York: Norton, 1992.
Internet/Web site –
Federal Election Commission. “Receipts of 1996 Presidential Pre-Nomination Campaigns.” Available from
http://www.fec.gov.pres96/preslb.jpg. Internet; accessed 13 May 2007.
Magazine article –
Ansen, David. “Spielberg’s Obsession.” Newsweek, 20 December 1993, 112-116.
Journal Article –
Policano, Christopher. “Dueling Colas.” Public Relations Journal 41, no. 11 (1985): 16-17.
NOTE: Encyclopedias and dictionaries are not listed in bibliographies as they are resources not
references. Additionally, do not use definitions from Webster’s, Wikipedia, etc. for professional terms in
professional papers. Use a professional reference written by an expert such as your textbook.
Additional information about the Turabian style can be found at
http://www.lib.usm.edu/research/guides/turabian.html
http://library.osu.edu/sites/guides/turabiangd.html
http://www.wisc.edu/writing/Handbook/DocChicago.html.
DISABILITY ACCOMODATIONS
This institution complies with the Americans with Disabilities Act, Section 504 of the Rehabilitation Act,
and state and local requirements regarding students with disabilities. In compliance with federal and state
regulations, reasonable accommodations are provided to qualified students with disabilities.
A request for accommodation is deemed reasonable if the request:



is based on documented individual needs. ·
does not compromise essential requirements of a course or program. ·
does not impose an undue financial or administrative burden upon APUS.
A qualified student can, with or without reasonable accommodations, perform the essential functions of
program or course requirements. The essential requirements of an academic course or program need not
be modified to accommodate an individual with a disability.
Final responsibility for selection of the most appropriate accommodation rests with the University's
Disability Support Services Committee and is determined on an individual case-by-case basis, based on
the nature of the student's disability. Students are encouraged email registrar@apus.edu to discuss
potential academic accommodations and begin the review process. It is the student's responsibility to:




follow the accommodation procedure outlined in this section
identify the disability to the staff and/or faculty of the university
provide (and incur expense for) current appropriate documentation of disability and
accommodation needed from a qualified medical or other licensed professional.
request specific accommodations or services
NETIQUETTE
Online universities promote the advance of knowledge through positive and constructive debate--both
inside and outside the classroom. Discussions on the Internet, however, can occasionally degenerate into
needless insults and “flaming.” Such activity and the loss of good manners are not acceptable in a
university setting--basic academic rules of good behavior and proper “Netiquette” must persist.
Remember that you are in a place for the fun and excitement of learning that does not include descent to
personal attacks, or student attempts to stifle the discussion of others.
Technology Limitations: While you should feel free to explore the full-range of creative composition
in your formal papers, keep e-mail layouts simple. The Educator classroom may not fully support
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February 22, 2008
MIME or HTML encoded messages, which means that bold face, italics, underlining, and a variety
of color-coding or other visual effects will not translate in your e-mail messages.
Humor Note: Despite the best of intentions, jokes and--especially--satire can easily get lost or taken
seriously. If you feel the need for humor, you may wish to add “emoticons” to help alert your
readers: ;-), : ),  Do not overuse these however.
DISLCAIMER STATEMENT
Course content may vary from the outline to meet the needs of this particular group.
Table of Contents
Academic Services
ONLINE LIBRARY RESEARCH CENTER & LEARNING RESOURCES
The Online Library Resource Center is available to enrolled students and faculty from inside the
electronic campus. This is your starting point for access to online books, subscription periodicals, and
Web resources that are designed to support your classes and generally not available through search
engines on the open Web. In addition, the Center provides access to special learning resources, which
the University has contracted to assist with your studies. Questions can be directed to orc@apus.edu.
Charles Town Library and Inter Library Loan: The University maintains a special library with a
limited number of supporting volumes, collection of our professors’ publication, and services to
search and borrow research books and articles from other libraries.
Electronic Books: You can use the online library to uncover and download over 50,000 titles, which
have been scanned and made available in electronic format.
Electronic Journals: The University provides access to over 12,000 journals, which are available in
electronic form and only through limited subscription services.
Smarthinking: Students have access to 10 free hours of tutoring service per year through
Smarthinking. Tutoring is available in the following subjects: math (basic math through advanced
calculus), science (biology, chemistry, and physics), accounting, statistics, economics, Spanish,
writing, grammar, and more. Additional information is located in the Online Research Center.
From the ORC home page, click on either the “Writing Center” or “Tutoring Center” and then click
“Smarthinking.” All login information is available.
Table of Contents
Selected Bibliography
American Memory: http://memory.loc.gov/ammem/
The Avalon Project. http://elsinore.cis.yale.edu/lawweb/avalon/alfalist.htm. The Avalon Project at Yale
Law School.
Benedict, Michael Les. The Blessings of Liberty: A Concise History of the Constitution of the United
States. New York: D.C. Heath, 1996.
Coke’s Petition of Right (1628): http://www.constitution.org/eng/petright.htm
Elliot’s Debates: http://memory.loc.gov/ammem/amlaw/lwed.html
The Federalist Papers: http://thomas.loc.gov/home/histdox/fedpapers.html
Hall, Daniel. Constitutional Law - Cases and Commentary. Albany, NY: Lawyers Cooperative Publishing,
1997.
In Re Slaughterhouse Cases (1872):
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navy=case&court=us&vol=83&iinvol=36
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February 22, 2008
Ketcham, Ralph, Ed. The Anti-Federalist Papers and the Constitutional Convention Debates. New York,
NY: Penguin Books, 1986.
Levy, Leonard. Origins of the Bill of Rights. New Haven, CT: Yale University Press, 1999.
Marbury v. Madison (1803):
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=5&page=137
Mayflower Compact (1620): http://www.yale.edu/lawweb/avalon/amerdoc/mayflower.htm
Plessy v. Ferguson (1896):
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navy=case&court=us&vol=163&invol=537
Urofsky, Melvin & Paul Finkelman, A March of Liberty: A Constitutional History of the United States, 2nd
ed. Vol. 1. New York: Oxford University Press, 2002.
U.S. Constitution: http://caselaw.lp.findlaw.com/data/constitutin/articles.html
Wood, Gordon S. The Creation of the American Republic. Chapel Hill:
University of North Carolina Press for the Institute of Early American History and Culture, 1969.
APPENDIX
Student Example – Amendment Case Review
Following is an example of an Amendment Case Review by a student using the required format and its
components.
The Twenty-fifth Amendment
Section 1. In case of the removal of the President from office or of his death or resignation, the Vice
President shall become President.
Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a
Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker
of the House of Representatives his written declaration that he is unable to discharge the powers and
duties of his office, and until he transmits to them a written declaration to the contrary, such powers and
duties shall be discharged by the Vice President as Acting President.
Section 4. Whenever the Vice President and a majority of either the principal officers of the executive
departments or of such other body as Congress may by law provide, transmit to the President pro
tempore of the Senate and the Speaker of the House of Representatives their written declaration that the
President is unable to discharge the powers and duties of his office, the Vice President shall immediately
assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of
the House of Representatives his written declaration that no inability exists, he shall resume the powers
and duties of his office unless the Vice President and a majority of either the principle officers of the
executive department or of such other body as Congress may by law provide, transmit within four days to
the President pro tempore of the Senate and the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and duties of his office. Thereupon
Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If
the Congress within twenty-one days after receipt of the latter written declaration, or, if Congress is not in
session within twenty-one days after Congress is required to assemble, determines by two-thirds vote of
both Houses that the President is unable to discharge the powers and duties of his office, the Vice
President shall continue to discharge the same as Acting President; otherwise, the President shall
resume the powers and duties of his office.
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Abstract:
The Executive Branch of the United States has two primary offices. When the President dies or
is incapacitated, it was assumed that the Vice-president would take over the duties of the President.
There have been nine instances in US History where a President has been removed from office due to
death or resignation. In all cases, a Vice-president has been there to take on the role. However, there
has been eight instances where a Vice-president has been removed for various reason and Congress
what concerned about what would happen should an instance arise where there was not Vice-president
to take the place of a President in a time of tragedy. In 1963, following the assassination of President
John F. Kennedy, Congress passed an amendment to clear up these uncertainties and provide a process
for the easy transfer of power. This amendment will come in handy less than a decade later when a
President and a Vice-president were removed from office due to scandal.
Background:
There have been nine instances in the history of the United States where the office of its chief
executive has been left vacant. Eight of those instances have been due to the death of the President and
the other was due to resignation. In all cases, the Vice-president has filled the vacancy. However, there
have also been eight instances where the office of Vice-president has been left vacant due to death or
resignation. What happens when both offices are left vacant? William Henry Harrison was the first
president to die in office. He fell ill only one month into his presidency and when he died, his Vicepresident, John Tyler, took the reigns of the presidency. This set the precedent that the Vice-president
took over the power and duties of the president when a tragedy like this occurs.
Presidents Lincoln and McKinley both tragically died from assassins’ bullets, but in both
instances, power was smoothly handed to the Vice-President (though Johnson narrowly escaped an
assassination attempt the same night as Lincoln). A different problem arose when President Garfield was
shot and lingered in a coma for two months. Does the Vice-president become the acting President, or the
President? What if the President recovers? These questions will have to wait three quarters of a century
to be answered. Woodrow Wilson suffered from a stroke in the last portion of his presidency, leaving him
incapacitated for the remaining portion of his term. And, Franklin Roosevelt passed away leaving Harry
Truman to take his place. It was not until President Kennedy was assassinated in 1963 that Congress
passed the Twenty-fifth Amendment declaring exactly what should happen, and what procedures should
be followed when a President dies or is incapacitated during his tenure. Lyndon B. Johnson, Kennedy’s
Vice-president, had suffered a heart attack. There were those who were worried about the vacancy of the
Vice-president and who would step in should President Johnson’s health fail. The Twenty-fifth
Amendment makes the order of succession very clear and process by which to replace Vice-presidents.
Key Learnings:
-
-
The Twenty-fifth Amendment was passed after President Kennedy was assassinated and Vice
President Johnson took the reigns of government, as was the custom. There were concerns,
however, about Johnson’s health. He had suffered a heart attack and with no vice-president as a
back-up, concerns were raised about his health and what would happen if he should perish while
in office.
Four presidents were assassinated while in office: Lincoln, Kennedy, McKinley, and Garfield.
Four presidents died of natural causes while in office: Franklin Roosevelt, William Henry Harrison,
Zachary Taylor, and Warren G. Harding.
One president resigned office leaving vacancies a total of nine times.
Seven Vice-Presidents have died while in office and one has resigned, leaving a total of eight
vacancies.
In 1973 the United States was under the control of President Ford and Vice-President Rockefeller
neither of whom were elected.
President Garfield lingered in a coma for almost two months after an assassin’s bullet finally killed
him.
William Henry Harrison died only a month into his first term of office of pneumonia. He gave the
long inaugural address on record.
Andrew Johnson narrowly escaped an assassination attempt the same night Lincoln was killed.
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Applications:
-
-
In 1973 Vice-president Spiro Agnew resigned his office after an indictment for tax evasion.
Consequently, President Nixon nominated Gerald Ford as Vice-president under Section Two of
the Twenty-fifth Amendment. Ford was then confirmed by both houses of Congress.
Shortly following Vice-President Ford’s appointment, President Nixon resigned his post as
President amidst the Watergate Scandal. Ford then, according to Section One of this
amendment, became president. President Ford then had to nominate a new Vice-president.
Nelson Rockefeller was nominated and confirmed the Vice-President of the United States in
1974. (FindLaw, 2005)
Further investigation:
-
-
How complicated would a conspiracy have to be in order to usurp the power and be appointed as
President?
Could complications arise if Congress continues to reject Presidential nominees for Vicepresident? Could partisan politics create an atmosphere that would be impossible to appoint a
replacement?
How conceivable would it be for the Vice-president and the Cabinet to gang up on a President
and force him from power by declaring him incapacitated?
Positive use:
The Twenty-fifth Amendment took all the guesswork out of what would happen in the President
or Vice-president died or was incapacitated during their terms of office. Taking the guess work out of
these processes merely made the government run more smoothly. In 1973, when Spiro Agnew was
charged with tax evasion, he resigned his post left the position of Vice-president vacant. Luckily there
was a system in place to select a new Vice-president because less than a year after Ford’s appointment
and confirmation, President Nixon resigned his office due to legal battles.
In the mid 1980s, President Ronald Reagan underwent surgery and signed a document based on
(but not citing) the Twenty-fifth Amendment in case something tragic happened during surgery. President
George W. Bush did the same in 2002. These documents were just to ensure who would have the power
and duties of the President in case unseen complications arose. Have procedures in place can provide
an insurance against chaos and confusion in times of trouble and need.
Hollywood has made good use of the Twenty-fifth Amendment by using in their plotlines in
movies such as Air Force One. In this movie, the family of the President is taken hostage by terrorists and
the President, who refused to leave on the escape pod, is hidden on the plane. He is hidden on the
plane, trying to deal with the terrorists (who are not aware that it is the President) and meet their demands
to save his family. Meanwhile, the Vice-President and his Cabinet need to decide whether to follow his
orders given from the plane, or whether to declare him incapacitated due to the emotional strain of his
family taken hostage. The movie uses Sections Three and Four of this Amendment in an entertaining
fashion while giving the viewers a very difficult and interesting situation to ponder.
Negative use:
There are no court cases that have arisen for the ratification of this amendment and there have
been no negative affects concerning its implementation. The only drawback was, possibly, in the 1970s
when the United States was run by both a President and a Vice-president neither of whom had been
elected. Rather both had been appointed due to the resignation of Vice-president Spiro Agnew, followed
by the resignation of President Nixon. Consequently, Vice-president Ford, who had been appointed to his
post due to Agnew’s resignation, became President and he then appointed Nelson Rockefeller to be his
Vice-president. While these appointments must be approved by both houses of Congress, the will and
voice of the people were not directly involved in the selection the men who led the country for almost
three years.
Bibliography
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February 22, 2008
American President. 19 January 2005. Lyndon B. Johnson [online]. University of Virginia; available from
http://www.americanpresident.org/history/ulyssessgrant/biography/CampaignsElections.common.
shtml; Internet; accessed 28 October 2005.
Find Law for Legal Professionals. “Court Cases and the US Constitution.” [online]; 25 August 2005;
available from http://caselaw.lp.findlaw.com/data/constitution/amendment25/; Internet; accessed
28 October 2005.
Kestenbaum, Lawernce. 10 March 2005.The Political Graveyard [online]; available from
http://politicalgraveyard.com/offices/pdio1.html; Internet; accessed 28 October 2005.
Monk, Linda R. The Words We Live by. New York: Hyperion, 2003
United States Government. 2005. The Presidents of the United States” [online]; available from
http://www.whitehouse.gov/history/presidents/; Internet; accesed 28 October 2005.
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