NEW COURSE PROPOSAL FORM PROPOSED BY: DR. AARON HOFFMAN PROPOSAL DATE: _______________________ I. COURSE INFORMATION 1. Course Title: Constitutional Law Number: __________________ You may propose a course number on the title line if you wish Number assigned by Registrar 2. Department of the Course: Political Science 3. Course Level (circle one): FR (100) SO (200) JR (300) SR (400) GRAD (500+) Rationale for Course Level: _____course is a challenging law school- modeled course that assumes some basic civics knowledge___________________________________________________________ 4. Credit Hours: 3 If this course deviates from the standard course schedule and credits (3hrs per week, 14 weeks, 3 credits), you must provide a rationale. Rationale for Credit Hours: N/A 5. Prerequisites and/or Restrictions (e.g. majors only), if any: Junior/Senior status or permission of instructor 6. Describe the method of delivery (e.g. lab, online, etc): Lecture 7. Course Fee, if any: None Note: course fees are set annually and apply on an academic year cycle beginning in fall. 8. When will this course first be offered? Fall 2012 9. Instructor: Lee Remington Williams Attach instructor’s CV for first-time, part-time faculty. 10. Frequency (e.g. every spring): Every Fall 11. Typical Section Size (how many students): 30 12. Is it graded on the A-F grading scale, or is it Pass/Fail only? A-F 13. Is the course repeatable as an elective (e.g. is it a topics course)? __No_________________________ 14. If this course can be cross-listed, indicate dept and number of other course: ____NA_______ 15. Catalog Description: A study of constitutional law, with emphasis on the power of government, the role of the judiciary in applying constitutional standards to the issues of separation of powers, federalism, and economic regulation. 1 II. RATIONALE, CURRICULAR IMPACT, AND ASSESSMENT 1. Rationale for the introduction of the course: Constitutional Law has been offered in the past with Civil Liberties as one course. Due to the enormity of the material available in these areas, it is believed that dividing these courses into separate classes would be beneficial to political science and pre-law students. 2. Procedures used to establish that this course avoids substantial duplication with other courses: examination of the catalog____________________________________ 3. List all departments or programs affected by this addition (include descriptions of communications with chairs/directors of these depts): ___________________NA_______________________________________________________________ _____________________________________________________________________________________ 4. How will the instructional costs of the course will be covered (Is another course being dropped from the schedule? Will the course require a new hire? Are student enrollments sufficient throughout this department’s curriculum to justify the addition of another course?) There will be no additional instructional costs associated with this course, as it has been offered in the past. Political science has also added a new full-time faculty member, justifying the additional courses. 5. New resources needed (library holdings, technology, equipment, materials, etc): None 6. Does the course fulfill a General Education requirement? _______YES ____X____NO If yes, which Gen Ed requirement? __________________________________________________ Which of the Gen Ed learning objectives does it address? N/A (Refer to the end of this document for the list of objectives) 7. Can the course fulfill a requirement: for the departmental major? ___X____YES ________NO for the departmental minor? ___X____YES ________NO for requirements in other depts/programs? _______YES ___X____NO Include a specific explanation if “yes” for any (e.g. it fulfills an upper-level major elective requirement, or it is a required course for the minor, or it is required for pre-med, etc): It can fulfill an upper-level major elective requirement 8. How does this course address the department’s stated learning outcomes? Students will develop an understanding of American government by learning the intricacies of the American Constitution and how the American government is structured. 9. Does this course address the learning objectives of the QEP? ___X____YES ____NO If yes, describe how, making reference to the outcomes noted on the last page of this document: This course will apply a global perspective to analyses of social, economic, political, and environmental issues by comparing aspects of American Constitutional Law to that of other nations. Students will also gain an understanding of how American law evolved from the influences of other nations, as well as how American law has influenced other nations. 2 III. REVIEWS AND APPROVALS 1. 2. 3. 4. Department Action: _____Approved _____Not Approved Department Chair Signature: _______________________ Date __________________ Proposal must be reviewed by the Registrar and Library Director before submission to the College or School (an email can be attached in lieu of these two signatures). Registrar Reviewed Library Director Reviewed Signature/Date:__________________ Signature/Date:__________________ College/School Action: _____Approved Dean’s Signature: _______________________ __________ __________ _____Not Approved Date __________________ Faculty Council Coordinating Committee Action: _____ Forward to Undergraduate/Graduate Ed Affairs as an informational item only. (circle one) _____ Forward to Undergraduate/Graduate Ed Affairs as a voting item. (circle one) Coordinating Committee Chair Signature: ___________________ Date ___________ As stated in Chapter 2 (University Governance System), all course, program, and curricular issues, having first been sent to the Faculty Council Coordinating Committee after School approval, will be sent to the Undergraduate Affairs or Graduate Affairs Committee. 5. Educational Affairs Committee Action: _____Approved _____Not Approved Signature: Undergraduate/Graduate Ed Affairs Chair: OR ____Info Item Only ___________________________ (circle one) Date of Ed Affairs Committee Action: ___________________________ ***Ed Affairs Chair will forward final proposal to the Registrar for permanent archival*** 3 Bellarmine University Course Syllabus Semester and Year: Course Number and Title: Instructor: Lee Remington Williams Class Days and Time: Class Location: Office Hours: Office Location: Phone Number: E-mail Address: Course Description A study of constitutional law, with emphasis on the power of government, the role of the judiciary in applying constitutional standards to the issues of separation of powers and federalism, and how individual rights are protected under the Constitution. This is an introductory course in Constitutional Law. It will familiarize students with the development of constitutional law in the United States. Specifically, we will study United States Supreme Court decisions addressing constitutional structure, governmental authority, separation of powers, federalism, and economic regulation. We will also cover the Bill of Rights, privacy rights, and the Equal Protection Clause. The class will function much like a law school course; therefore, it will not be easy. You should walk out of this class knowing how to brief, read, and understand Supreme Court decisions and have a working knowledge of the basic aspects of Constitutional Law and Civil Liberties. Learning Outcomes and Assessment Strategies Bellarmine Political Science Objectives Students will develop an understanding of American government. How this objective will be demonstrated At the beginning of the course, we will read and discuss the Constitution in its entirety. This will give students an overview of how the American government is structured. Students will demonstrate their knowledge of American government in the class discussions, written assignments, and examinations. In this class, we will discuss various theories on judicial interpretation and how judges approach decisions. Students will learn to read court decisions and recognize these different theoretical approaches. Students will develop an understanding of political theory. Students will develop an understanding of international politics. Throughout the course, we will compare aspects of American Constitutional Law and Civil Liberties to that of other nations. Students will also gain an understanding of how American law evolved from the influences of other nations. 4 Students will comprehend the We will discuss the various approaches approaches used by political scientists undertaken to study judicial politics to understand politics. throughout this class. Students will be able to demonstrate their own chosen approach to constitutional interpretation when they participate in the moot court exercise at the end of the semester. Course Methodology This course will consist of class lectures on the cases and readings, panel discussions on cases, a written assignment, moot court scenarios, and exams. Specifically, your grade will be based on the following components – two exams, panel performance, one written assignment, and one moot court performance. In this class, you will be forced to look at issues from both sides and to critically evaluate political topics from every angle. Accordingly, please remember that this University and this Instructor will respect the dignity of all and will value differences of opinions among all students. Everyone has the right to respectfully disagree. Any student who shows his/her unwillingness to respect others will be referred to higher administrative authorities. I am always happy to answer any questions you have regarding this material. In addition, I am willing to read rough drafts of any writing assignments and offer suggestions. My job is to teach you and my offerings of assistance are for your benefit; I strongly suggest you take me up on these offers! Required Texts 1. Varat, Jonathan D., William J. Cohen, and Vikram Amar. 2009. Constitutional Law: Cases and Materials. Concise 13th Edition. New York: Foundation Press. 2. Varat, Jonathan D., William J. Cohen, and Vikram Amar. 2009. Constitutional Law: Cases and Materials 2009 Supplement. 13th Edition. New York: Foundation Press. 3. Emanuel, Stephen L. 2009. Constitutional Law Outlines. 27th Edition. New York: Aspen Publishers. Optional Texts and Resources The Legal Information Institute’s Supreme Court database at Cornell University Law School. Website: http://www.law.cornell.edu/supct/ Findlaw -- http://www.findlaw.com The United States Supreme Court website: http://www.supremecourt.gov See Bibliography from your textbook and other suggested readings Newspapers – The New York Times, Washington Post, Wall Street Journal, etc. Television – C-SPAN, other news and political shows Magazines – Time, Newsweek, The Economist, etc. Tentative Course Schedule* *This Schedule is subject to change. The Instructor will notify you of any changes. “Text” = Varat, Cohen, and Amar “Supp” = Varat, Cohen, and Amar supplement 5 DATE SUBJECT READINGS Thursday, August 19 Introduction to Course; How to Brief a Case; Begin Constitution Overview Thursday, August 26 Constitution Overview; Judicial Review; Threshold Requirements Read Federalist 10 (find it anywhere online); Text: Ch. 1-3 (pp. 1-82) Thursday, September 2 Separation of Powers; Federalism; the Commerce Clause; 10th and 11th Amendments Text: All of Ch. 4 (pp. 83165); Part of Ch. 6 (pp. 214-227 only); All of Ch. 7 (pp. 242-339) The Bill of Rights; the Civil War Amendments; the Due Process Clause; State Action Text: All of Ch. 8 (pp. 343-359); Part of Ch. 9 (pp. 359-371; 377-492); All of Ch. 12 (pp.802895); See Ch.12 update in Supp. IMPORTANT INFO. Panel Assignments Discuss Federalist 10 Thursday, September 9 Thursday, September 16 Thursday, September 23 Thursday, September 30 Thursday, October 7 MIDTERM EXAM The Equal Protection Clause; Suspect Classifications Text: Part of Ch. 10 (pp. 493-692); See Ch. 10 update in Supp. Wednesday, October 20th: Last day to drop with a “W” Thursday, October 14 Thursday, October 21 Text: Part of Ch. 10 (pp. 692-705; 742-779); Thursday, October 28 Protection of Personal Liberties: Voting, Right to an Attorney, Education, Right to Bear Arms, and Procedural Due Process Thursday, November 4 Speech and Religion All of Ch. 11 (pp. 780-801); Read also: Bush v. Gore (voting), Gideon v. Wainwright (right to an attorney); McDonald v. Chicago (right to bear arms) Text: All of Ch. 13 and 14 (pp. 898-1175); See Ch. 13-14 updates in Supp.; Read also: Citizens v. FEC, Christian Legal Society v. Martinez, 6 Salazar v. Buono Thursday, November 11 Thursday, November 18 Thursday, November 25 Thursday, December 2 Thursday, December 9 6:30-9:30 pm NO CLASSES: THANKSGIVING MOOT COURT FINAL EXAM Course Requirements: Learning is not a passive process. Students are expected to attend class prepared. In other words, you will be expected to read the material and be prepared to participate in class discussions. Participation involves more than merely taking notes. Students are responsible for reading the required material even if the material is not covered in class. Material from BOTH lectures and readings WILL show up on exams. Additionally, lectures may cover material that is not found in your texts. Therefore, it is in your best interest to attend class regularly. Your grade will be based on the following components – two exams, one written assignment (either a case brief or an opinion, depending on your assigned role), your performance in a mock Supreme Court oral argument, and your participation in panel discussions. Exams: There will be a total of two exams. This includes a midterm exam and the final exam. The midterm exam will test your knowledge of the material covered either in the texts or in lectures up to the date of the exam; the final exam will test your knowledge of the material covered AFTER the midterm and will NOT be cumulative. The material on the exams will come from your texts as well as lectures and class discussions. The exams may consist of multiple choice, short answer and essay questions. The exams must be taken on the scheduled dates. Make-up exams will only be allowed for acceptable reasons (see below). Written Assignment and Oral Argument: Each student will participate in a mock Supreme Court oral argument at the end of the semester. Cases will be based on real constitutional issues and students will be randomly assigned to them. Students will serve as either attorneys representing one side or the other OR as one of many justices presiding over the case. If students are assigned as attorneys, they will write a case brief and participate in oral argument. If students are assigned to be judges, they will listen to the oral arguments of their fellow students, ask questions, and then write an individual Opinion. o Specific details concerning the Written Assignment and the format of the Oral Arguments, including grading criteria, will be provided at a later date. o Any written assignments turned in for this class must conform with any further written guidelines, as well as be double-spaced, 12-point type, one-inch margins, stapled, and handed into me at the beginning of class on the date due (hard copy format -- unless I specifically give you permission to submit the paper electronically). Failure to abide by these requirements will result in a loss of points. Any written assignments should be written in an acceptable style with references cited properly (ask the instructor if you are confused by this). Further, your spelling, grammar AND your arguments will be graded. Late papers (absent an acceptable university 7 excuse) will be subject to a five-point deduction for each day late. Plagiarism will result in failure. Participation: Your participation grade will be determined based upon your performance on panel discussions. During every class, there will be “panel discussion leaders” (how many leaders there are will be determined by the number of people in the class.) Each of you will serve on these panels (also to be determined and you will know beforehand) and you will be in charge of answering questions from me and the class. Questions will be about the Chapter assigned for that particular day – with accompanying cases/topics within that chapter. This is as close to a law school experience as I feel like putting you through; keep in mind that you KNOW when you are going to be called upon, so PLEASE COME PREPARED!! There should be no excuse for not reading and knowing the cases assigned!! (Note that your class participation grade is based on my impression of your contributions to the panel discussions.) Grading Midterm Exam Written Assignment Moot Court Performance Panel Participation Final Exam 20% 20% 20% 20% 20% Grading Scale Grades will be assigned according to the following scale: A (excellent), B (good), C (average), D (passing) and F (failing) A+ = 97-100 A = 94-96 A= 90-93 B+ = 87-89 B = 84-86 B= 80-83 C+ = 77-79 C = 74-76 C= 70-73 D+ = 67-69 D = 64-66 D= 60-63 F = 0-59 Attendance Policy I will NOT take attendance in this course. However, as college students, you should realize by now that showing up for class, reading the material, taking notes, participating in class discussions, and asking me questions will NEVER hurt your grade and can only have a positive impact. It is up to you as to whether you show up for class or not. DISCLAIMER: YOU WILL NOT DO WELL IN THIS CLASS IF YOU DO NOT READ THE MATERIAL AND/OR DO NOT COME TO CLASS. Further, do not even come to class if you are unprepared. There is nothing more embarrassing than being put on the spot when you are unprepared. Noticeably excessive absences and/or tardiness will affect your participation grade. Further, excessive absences and/or tardiness will make me worry about you and we will discuss the matter. 8 Make-Ups/Excused Absences For exams, written assignments, and moot court, you need an excused absence in order to make-up the exam or paper. In other words, an unexcused absence for an exam or a major assignment will result in the grade of F (failing) for the exam or the major assignment. If I have lecture notes for that class, I will NOT provide these to you unless you have an excused absence. Otherwise, you must ask a classmate if you can borrow his/her notes for the class missed. I must have some sort of WRITTEN DOCUMENTATION in order to excuse the absence. This includes a doctor’s note, an obituary, university form (below), verification from priest, pastor, rabbi, etc. The University requires students who will be absent from class while representing the University to inform their instructors in two steps. During the first week of the course, students must meet with each instructor to discuss the attendance policy and arrangements for absences related to University-sponsored events. Second, students must provide the instructor with a signed Student Absentee Notification Form, available via the student portal on the University intranet, at the earliest possible opportunity, but not later than the week prior to the anticipated absence. The Student Absentee Notification Form does not serve as an excused absence from class. Your instructor has the final say about excused and unexcused absences and it is the student’s responsibility to know and abide by the instructor’s policy. Examples of EXCUSED absences include, but are not limited to, the following: Student Illness; Serious Illness or Death of a Family Member; University-Sponsored Trips (see above); Major Religious Holiday/Observance. Again, written verification is required for this class. Academic Honesty I strongly endorse and will follow the academic honesty policy as published in the 2009-11 Course Catalog and in the 2010-11 Student Handbook. Both documents are available online via mybellarmine.edu. Students and faculty must be fully aware of what constitutes academic dishonesty; claims of ignorance cannot be used to justify or rationalize dishonest acts. Academic dishonesty can take a number of forms, including but not limited to cheating, plagiarism, fabrication, aiding and abetting, multiple submissions, obtaining unfair advantage, and unauthorized access to academic or administrative systems. Definitions of each of these forms of academic dishonesty are provided in the academic honesty section of the Student Handbook. All confirmed incidents of academic dishonesty will be reported to the Senior Vice President for Academic Affairs, and sanctions will be imposed as dictated by the policy. Penalties range from failing an assignment or course to dismissal from the University, depending, in part, on the student’s previous record of academic dishonesty. On the second offense during a student’s academic career, the student will be immediately suspended for the semester in which the most recent offense took place. On the third offense, the student will be dismissed from the University. It is generally assumed that graduate students fully understand what accounts for academic dishonesty. Thus, no leniency of penalty will be applied in cases involving graduate students. PLEASE NOTE: Cheating and Plagiarism will NOT be tolerated and will subject you to academic discipline. If you do not fully understand what these terms mean, please see me!! Academic Resource Center (ARC) Bellarmine University is committed to providing services and programs that assist all students in further developing their learning and study skills and in reaching their academic goals. Students 9 needing or wanting additional and/or specialized assistance related to study techniques, writing, time management, tutoring, test-taking strategies, etc., should seek out the resources of the ARC, located on the A-level of the W.L. Lyons Brown Library. Call 272-8071 for more information. Disability Services Students with disabilities who require accommodations (academic adjustments and/or auxiliary aids or services) for this course must contact the Disability Services Coordinator. Please do not request accommodations directly from the professor. The Disability Services Coordinator is located in the Counseling Center, phone 272-8480. General Expectations I expect all students to behave professionally in this class. I will not tolerate disruptive behavior, including (but not limited to) reading newspapers, talking during lectures, cell phones or pagers, gaming or surfing the Internet on laptops, sleeping, and insulting classmates or the instructor. Additionally, I expect all students to attend class prepared and to show up on time. Excessive disruptions will affect your participation grade. Extra Credit I will provide at least one extra credit opportunity that is open to everyone during this course. More details concerning the extra credit opportunity will be provided at a later date. 10