Civil Liberties University of Notre Dame POLS Spring Dr. Vincent Phillip Muñoz Department of Political Science University of Notre Dame

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1 Civil Liberties University of Notre Dame POLS Spring 2013 Dr. Vincent Phillip Muñoz Department of Political Science University of Notre Dame This course examines the American Constitution and some of the rights protected by it. Topics to be covered include: the role of the judiciary in protecting rights, method of constitutional interpretation, incorporation, the right to bear arms, economic liberty, abortion and privacy rights, freedom of religion, freedom of speech, freedom of association, freedom of the press, the death penalty, and equal protection before the law. Our primary method of study will be to read, discuss, and debate landmark Supreme Court opinions. Despite being a large class, Civil Liberties will be conducted as a seminar based on class discussion. You should come to every class prepared to participate in and contribute to an engaging conversation. The course aims to help you: think more clearly and deeply about the purpose and limits of political authority, participate more thoughtfully and effectively in the democratic political process, and better understand your own political ideals as well as ideals and viewpoints that are different from your own. The course is designed to enable and/or prepare you to: Discuss how the American Constitution protects rights Understand, analyze, and evaluate legal arguments Deepen your understanding of competing methods of constitutional interpretation, the practice constitutionalism, and the American constitutional tradition. Engage your classmates in civil conversation about contentious legal and political issues Present your ideas orally Participate in America s constitutional experiment as a thoughtful and informed citizen Class: Tuesday & Thursday, 5:00-6:15pm Debartolo 319 Office: Decio 447 Office Phone: vmunoz@nd.edu Office Hours: Tuesday 2:30-4:00pm Thursday 12:30-2:00pm (North Dining Hall) Teaching Chris McMillion Assistant cmcmill1@nd.edu

2 Required Text: Ralph Rossum and G. Alan Tarr, American Constitutional Law: The Bill of Rights and Subsequent Amendments, Vol. II, 8 th Edition (Westview Press, 2009). Please make sure you purchase the 8 th edition. Text is available in the Notre Dame bookstore. Recommended Text: Henry Abraham and Barbara Perry, Freedom and the Court (2003). Now in its 8 th edition, any edition is acceptable but the latest edition is most up to date. Course Requirements Civil Liberties is designed to be an intensive participatory class. Some classes will include brief lectures, but I anticipate most of class time to be devoted to discussion. Lectures and discussion will be based on the assigned readings. When I do lecture, I encourage participation in the form of questions and comments. In order to participate effectively, you must read, take notes, and think about all assigned readings before class. I cannot over emphasize this point. You will learn more, enjoy class more, and be able to participate more if you read the assigned materials before class. Completing reading assignments before class is the key to success in this class. As a good and informed citizen, you should also read a daily newspaper. We will often begin class with a short discussion of current events, especially those that pertain to subjects discussed in class. Assignments Grading Scale Quizzes 150 points A C Participation 250 points A C Midterm 250 points B D Final 350 points B D B D C F Grade Description Explanatory Comments A Truly Exceptional All work meets or exceeds the highest expectations for the course A- Outstanding Superior work in all areas of the course B+ Very Good Superior work in most areas of the course B Good Solid work across the board B- More than Acceptable More than acceptable, but falls short of solid work C+ Acceptable Meets all the basic requirements and standards for the course C Acceptable Meets most of the basic requirements and standards in several areas C- Acceptable Work falls short of meeting basic standards in several areas D Minimally Passing Work just over the threshold of acceptability F Failing Unacceptable performance 2

3 No extra credit will be given. No exceptions. No Incomplete Grades will be granted without remarkable circumstances and a dean s approval. Class Attendance is expected. I prefer that hats not be worn in class. Quizzes will be unannounced. Make up quizzes are not allowed under any circumstances. Quizzes will be given at the beginning of class and will cover the readings assigned for that day. They will be simple and straightforward if you have completed the assigned reading. If you have not completed the assigned reading, they will be impossible. The purpose of the quizzes is to encourage you to complete the assigned reading before class. If you are late for class and miss a quiz, you will not be allowed to retake it. If you miss a quiz and have not received a prior excused absence from the professor, you will receive a zero for that quiz. No exceptions. Class participation will be based both on the quality and quantity of your class participation. Good questions count for class participation. If you don t understand something, find something confusing, want more clarification on a point, or just want to talk about something more in class, speak up and voice your concern. Classroom Decorum: Our class will cover contentious subjects that can evoke passionate feelings. I expect all in-class comments to be expressed in a civil manner. You are certainly allowed and encouraged to disagree with the professor and your classmates, but you are expected to disagree in an agreeable manner. Examinations: Success on examinations will require the ability to understand, compare and contrast, criticize, and analyze the concepts and details of the assigned reading, as well as the concepts and details of the class lectures and discussions. Knowledge of the assigned reading is necessary, but not sufficient for success. Class lectures and discussions will often address issues beyond the scope of the assigned reading for which students are responsible. Missed exams will be calculated as a zero. Make-up exams will not be given without prior permission of the instructor. Laptop computers and recording devices are not to be used in the classroom. Academic Integrity: Academic dishonesty will not be tolerated. I shall follow and enforce strictly the university s policies regarding academic integrity. Honor Code: Class members are expected to understand the principles and procedures set forth in the University of Notre Dame Academic Code of Honor ( and abide by its pledge: As a member of the Notre Dame community, I will not participate in or tolerate academic dishonesty. Students with Disabilities will be accommodated as extensively as possible. Please talk directly with the instructor regarding any necessary arrangements. Please Note. If you cannot make class for an important medical or family reason, please let me know ahead of time. Likewise, if you are having difficulties with an assignment, please talk to me before the assignment is due. I am frequently in my office, you are always welcome to drop by. 3

4 Tentative Class/Readings Schedule Specific assignments will be given in class. This is a tentative schedule. It is likely to change. * indicates that the reading is available on Sakai Introduction: The Ends of the American Constitution (Jan.15) The Declaration of Independence 1 The Constitution of the United States of America. In Rossum & Tarr, p Dan Himmelfarb, The Constitutional Relevance of the Second Sentence of the Declaration of Independence, Yale Law Journal, October, 1990* Herbert Storing, The Constitution and the Bill of Rights in Toward a More Perfect Union * Recommended Readings: Ralph Rossum, The Federalist s Understanding of the Constitution as a Bill of Rights in Saving the Revolution, ed. Charles R. Kesler (1987) Robert Goldwin, To Introduce the Great Work : Congressman Madison Takes the Floor, Chapter 5 in From Parchment to Power (AEI Press, 1997) January 17 January 18 John Agresto Lecture, Is Promoting Democracy in the Middle East a Mistake? Hesburgh Center Audiorium, 4:30pm. Attendance Required. Reading: John Agresto, Was Promoting Democracy a Mistake? Commentary (Nov. 2012)* Amy Barrett PfL Lecture, Roe at 40: The Supreme Court, Abortion, and the Culture War that Followed. Noon, Oak Room, South Dining Hall. Attendance Encouraged. Constitutional Interpretation (Jan. 22) District of Columbia v. Heller (2008), p Edwin Meese III, Interpreting the Constitution * William J. Brennan, The Constitution of the United States: Contemporary Ratification * Recommended Readings: Lino A. Graglia, How the Constitution Disappeared * Rossum & Tarr, Chapter 1, Interpretation of the Constitution Rossum & Tarr, Chapter 2, Constitutional Adjudication The Bill of Rights and Its Applicability to the States (Jan. 24) Rossum & Tarr, Chapter 3 Barron v. Baltimore (1833) Palko v. Connecticut (1937) Adamson v. California (1947) Duncan v. Louisiana (1968) The Fourteenth Amendment: Substantive Due Process (Jan. 29-Feb. 5) Economic Freedom and Liberty of Contract Rossum & Tarr, Chapter 4 (p ) The Slaughterhouse Cases (1873) Munn v. Illinois (1877) Lochner v. New York (1905) 1 If you do not have a copy of the Declaration, it can be found on the web at: or at 4

5 West Coast Hotel Company v. Parrish (1937) Williamson v. Lee Optical Company (1955) State Farm Mutual Automobile Insurance Company v. Campbell (2003) United States v. Carolene Products Company (1938) Sexual Liberty and the Right to Privacy Rossum & Tarr, Chapter 11 (p ) Griswold v. Connecticut (1965) Roe v. Wade (1973) Webster v. Reproductive Health Services (1989)* Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) Gonzales v. Carhart (2007) The Fifth Amendment: The Takings Clause (Feb. 7-14) Rossum & Tarr, Chapter 4 (p ) Berman v. Parker (1954)* Hawaii Housing Authority v. Midkiff (1984)* Kelo v. City of New London (2005) Nollan v. California Coastal Commission (1987) Lucas v. South Carolina Coastal Council (1992) Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency (2002) Dollan v. City of Tigard (1994) February 12 Steven Smith Lecture, Lincoln s Constitution Geddis Hall, Room B001, 5:00pm. Attendance Required. The First Amendment: Freedom of Speech (Feb ) First Amendment Standards: Rossum & Tarr, Chapter 5 (p ) Gitlow v. New York (1925) Schenk v. United States (1919) Dennis v. United States (1951) Brandenburg v. Ohio (1969) The Regulation of Speech Texas v. Johnson (1989) R.A.V. v. City of St. Paul (1992) Hill v. Colorado (2000) Recommended Reading: Abraham & Perry, Chap. 5, The Precious Freedom of Expression The First Amendment: Freedom of Association (Feb. 26) NAACP v. Alabama (1958)* Roberts v. United States Jaycees (1984)* Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston (1995)* Boy Scouts of America v. Dale (2000) 5

6 The First Amendment: Freedom of the Press and Libel, and Obscenity (Feb. 28 March 5) Restraints on the Press Rossum & Tarr, Chapter 5 (p ) Near v. Minnesota (1931) New York Times Co. v. United States (1971) Branzburg v. Hayes (1972) Memorandum Opinion and Order, FCC (1987) Libel New York Times v. Sullivan (1964) Obscenity Miller v. California (1973); Paris Adult Theater I v. Slaton (1973) Brown v. Entertainment Merchants Association (2011)* MARCH 7 MIDTERM EXAMINATION The First Amendment: The Free Exercise Clause (March 19-21) Reynolds v. United States (1879)* Sherbert v. Verner (1963) Employment Division, Department of Human Resources of Oregon v. Smith (1990) Religious Freedom Restoration Act of 1993* City of Boerne v. Flores, Archbishop of San Antonio (1997) Notre Dame v. Sebelius (2012)* The First Amendment: The Establishment Clause (March 26-28) Rossum & Tarr, Chapter 6, Everson v. Board of Education (1947) School District of Abington Township v. Schempp (1963) Lemon v. Kurtzman (1971) Wallace v. Jaffree (1985) Lee v. Weisman (1992) Rosenberger v. University of Virginia (1995)* McCreary County v. American Civil Liberties Union (2005) Van Orden v. Perry (2005) Recommended Readings Abraham & Perry, Chapter 6, Religion The Eighth Amendment - Cruel and Unusual Punishment (April 2-4) Rossum & Tarr, Chapter 7 (p ) Gregg v. Georgia (1976) Roper v. Simmons (2005) Kennedy v. Louisiana (2008) Harmelin v. Michigan (1991) Ewing v. California (2003) Miller v. Alabama (2012)* The Fourteenth Amendment: Equal Protection and Racial Discrimination (April 9-11) Rossum & Tarr, Chapter 8 Plessy v. Ferguson (1896) 6

7 Brown v. Board of Education (1954) Bolling v. Sharpe (1954) Brown v. Board of Education (1955) Swan v. Charlotte-Mecklenburg Board of Education (1971) Milken v. Bradley (1974) United States v. Fordice (1992) Missouri v. Jenkins (1995) Recommended Reading Abraham & Perry, Chapter 7, Race The American Dilemma The Fourteenth Amendment: Private Discrimination/State Action (April 16) State Action Shelly v. Kramer (1948) Moose Lodge No. 107 v. Irvis (1972) Proof of Discrimination: Impact Versus Intent Wards Cove Packing Co. v. Atonio (1989) The Civil Rights Act of 1991 Ricci v. DeStefino (2009)* Fourteenth Amendment: Substantive Equal Protection (April 18-30) Rossum & Tarr, Chapter 9 Affirmative Action City of Richmond v. J.A. Croson Co. (1989) Adarand Constructors, Inc. v. Pena (1995) Grutter v. Bollinger (2003) Gratz v. Bollinger (2003) Parents Involved in Community Schools v. Seattle School District No. 1 (2007) Fisher v. University of Texas (2013)* Alienage & Age Trimble v. Gordon (1977) Massachusetts Board of Retirement v. Murgia (1976) Sex Discrimination United States v. Virginia (1996) Rostker v. Goldberg (1981) Sexual Orientation Rossum & Tarr, Chapter 11 (p ) Lawrence v. Texas (2003) In re Marriage Cases (2008) Perry v. Brown (2012, 9 th Circuit)* Defense of Marriage Act of 1996 Recommended Reading: Abraham & Perry, Chapter 8, Gender and Race Under the New Equal Protection FINAL EXAMINATION 7