A. Course Description (see draft syllabus below as well as the catalog description)
POLS 419 Catalog Description:
419 – Constitutional Politics (3 S.H.)
This course is an advanced look at the political and legal issues that the U.S. Supreme Court
deals with in interpreting the U.S. Constitution. The course will focus on both the internal politics of the
Court and the Court’s place in the larger political environment as a “separate institution sharing power.”
Prerequisite: POLS 120 required, POLS 220, 227, 320, or 420 recommended. Offered yearly.
Political Science 419: Constitutional Politics
Fall 2009
Professor Bosworth
Course Syllabus
Office Hours: MWF 10:00-10:45 A.M., MWF 12:00-12:45 P.M., TR 8:30 A.M.-11:15 A.M. in Minne 123.
Office Phone: 457-5009
email: mbosworth@winona.edu (checked regularly)
Note: If this schedule does not work for you, please let me know and we'll make an alternate
arrangement.
Course Description:
In the landmark U.S. Supreme Court case Marbury v. Madison, Chief Justice John Marshall says:
“The judicial power of the United States is extended to all cases arising under the constitution. Could it
be the intention of those who gave this power, to say, that in using it, the constitution should not be
looked into? That a case arising under the constitution should be decided, without examining the
instrument under which it arises? This is too extravagant to be maintained. In some cases, then, the
constitution must be looked into by the judges. And if they can open it at all, what part of it are they
forbidden to read or to obey?”
Chief Justice Marshall in this passage is asserting not only the authority, but the duty, of the U.S.
Supreme Court to insert itself into the American political system through interpretation of the U.S.
Constitution. The Court since Marshall has never repudiated this role in American politics. Such a claim
raises a host of questions for a political scientist, including: How has the Court used its role? Is the Court
deciding cases ideologically, strategically, strictly on the law, or on some other basis? Does the Court
lead, follow, or move in tandem with the political branches in making policy? What political forces
influence the Court’s rulings, and what forces aid/hinder the Court in implementing its decisions? Are
there “better” or “worse” Supreme Court rulings, and on what basis(es) can we judge this?
This course will examine these questions and more in providing an introduction to many
competing concepts of judicial power under the U.S. Constitution (although non-U.S. constitutionalism
may be discussed as well as a comparison.) One of my goals is to move you beyond thinking about the
Court in black-and-white formulas such as “strict” or “loose” constitutional interpretation or judicial
“activism” and “restraint” and toward a more complex view of the Court as a “separate institution
sharing power” in the American political system.
Beyond this goal, I see this course as a liberal arts class. This means that in here you should
develop your powers of logic and critical thinking. In other words, you will have to think, read, and write
clearly, skills which are key parts of a good university education.
Readings:
Required readings are drawn from the following books, which are available for purchase at the
campus bookstore, plus any class handouts, and/or material on Desire 2 Learn (D2L). There will also be
readings available on e-reserve in the library.
Lazarus, Edward. 2005. Closed Chambers: The Rise, Fall, and Future of the Modern Supreme
Court. Penguin. ISBN-13: 978-0143035275.
Levinson, Sanford. 2008. Our Undemocratic Constitution: Where the Constitution Goes Wrong
(And How We the People Can Correct It.) Oxford University Press. ISBN-13: 978-0195365573.
Rosenberg, Gerald. 2008. The Hollow Hope: Can Courts Bring About Social Change? 2nd ed.
University of Chicago Press. ISBN-13: 978-0226726717.
Whittington, Keith. 2009. Political Foundations of Judicial Supremacy: The Presidency, the
Supreme Court, and Constitutional Leadership in U.S. History. Princeton University Press. ISBN-13: 9780691141022.
Course Requirements:
Your grade will be calculated through a combination of elements described below:
Exams: three (20% each)
Research Paper:
Attendance/Participation
= 60%
= 30%
= 10%
Three examinations will form the majority of your grade for the class, two midterms and a final, all
consisting of in-class essay questions. You are also required to write a 8-10 page research paper due
one week before the last lecture day of class. I will give you more information on the research paper in
a separate handout (available on D2L.) The remaining ten percent of the grade will be based on class
attendance and participation, especially useful in deciding borderline grades. As noted in the course
goals, I expect you to develop your speaking skills, something only possible through class attendance
and participation.
Note: if for some serious reason you cannot take an exam or turn in the research paper at the scheduled
time period, you are expected to let me know immediately, subject to my permission. Any deviation
from this policy may result in either grade reduction or failure, subject to my discretion.
Internet Policy:
Regarding use of technology, I expect that while you are in the classroom, your attention will be
focused on course material. Improper use of a laptop (for instant messaging, web surfing, emailing, etc.)
is not acceptable, and I reserve the right to take any disciplinary action necessary to prevent this.
Course Outline:
I. Course Introduction
A. Approaches to Supreme Court Decision-Making
Readings: Scalia/Breyer video on D2L/e-reserve, Peretti, “In Defense of a Political
Court”; Segal and Spaeth, “The Supreme Court and the Attitudinal Model”; Epstein and Walker, “The
Choices Justices Make”; Gibson, “Judges’ Role Orientations, Attitudes, and Decisions” (72 APSR 1978:
911-924) (all on e-reserve)
B. Decision-Making on the Modern Supreme Court
Readings: Lazarus, Closed Chambers (entire.)
************************FIRST EXAM**********************************
II. The Place of the Court in the U.S. Political System
A. The Court in the Political System Over Time
Readings: Dahl, “Decision-Making in a Democracy…” (e-reserve); Whittington, Political
Foundations of Judicial Supremacy (entire).
B. The Impact of Court Decisions
Readings: Rosenberg, The Hollow Hope (entire.)
***********************SECOND EXAM**********************************
III. The Constitution Outside the Courts
Readings: Levinson, Our Undemocratic Constitution (entire.)
*******************************FINAL EXAM**************************
(Thursday, December 10th at 1:00 P.M.)
B. Rationale
1. This course is an advanced look at the political and legal issues that the U.S. Supreme Court
deals with in interpreting the U.S. Constitution. The course will focus on both the internal politics of the
Court and the Court’s place in the larger political environment as a “separate institution sharing power.”
One of my goals is to move students beyond thinking about the Court in black-and-white formulas such
as “strict” or “loose” constitutional interpretation or judicial “activism” and “restraint” and toward a
more complex view of the Court as a “separate institution sharing power” in the American political
system.
Beyond this goal, I see this course as a liberal arts class. This means that in this class students
should develop their powers of logic and critical thinking. In other words, they will have to think, read,
and write clearly, skills which are key parts of a good university education.
2. This course contributes to the department curriculum by offering an opportunity for students
to study at an advanced level the politics of the U.S. Supreme Court (and other courts) beyond just
reading case opinions. I can incorporate current political science research more smoothly and in-depth
in this course rather than try to shoehorn it into a case law class. In some ways, this is more of a
“political science” class than courses like Constitutional Law and Administrative Law, although those
courses are valuable as well. Students heading to law school will have plenty of further opportunities to
read cases, but much less opportunity to study the politics behind those rulings in order to gain a fuller
understanding of the U.S. political system.
3. At this point no courses will be dropped to make space for this course, as I am confident that
my schedule will expand to accommodate it.
C. Impact of this Course on other Departments, Programs, Majors, or Minors
1. No, this course does not increase/decrease the requirements for any other major/minor of
any department. It does not duplicate any course offerings.
2. n/a