NORTH CAROLINA STATE UNIVERSITY GRADUATE COURSE ACTION FORM

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1 NORTH CAROLINA STATE UNIVERSITY GRADUATE COURSE ACTION FORM NOTE: Click once on shaded fields to type data. To check boxes, right click at box, click Properties, and click Checked under Default Values. DEPARTMENT/PROGRAM History COURSE PREFI/NUMBER HI 443/543 PREVIOUS PREFI/NUMBER HI 443/543 DATE OF LAST ACTION type date here COURSE TITLE US Constitutional History to 1883 ABBREVIATED TITLE US CONS TO1883 SCHEDULING Fall Spring Summer Every Year Alt. Year Odd Alt. Year Even Other COURSE OFFERED BY DISTANCE EDUCATION ONLY ON CAMPUS ONLY BOTH ON CAMPUS AND BY DISTANCE EDUCATION CREDIT HOURS 3 CONTACT HOURS Lecture/Recitation Seminar 3 Laboratory Problem Studio Independent Study/Research Internship/Practicum/Field Work TYPE OF PROPOSAL New Course Drop Course Course Revision Dual-Level Course REVISION Content Prefix/Number Title Abbreviated Title Credit Hours Contact Hours Grading Method Pre-Corequisites Restrictive Statement Description Scheduling GRADING ABCDF S/U INSTRUCTOR (NAME/RANK) Stephen Middleton/Professor Graduate Faculty Status Associate Full ANTICIPATED ENROLLMENT Per semester Max.Section 15 undergrad/7 grad Multiple sections Yes No PREREQUISITE(S) COREQUISITE(S) PRE/COREQUISITE FOR None None None RESTRICTIVE STATEMENT Graduate Standing; students may not earn credit for both 443 and 543 CURRICULA/MINORS Required Qualified Elective PROPOSED EFFECTIVE DATE 8/17/06 APPROVED EFFECTIVE DATE CATALOG DESCRIPTION (limit to 80 words): Examines the origins and development of the United States Constitution from the Articles of Confederation to Analyzes the Federalist-Antifederalist debates; evaluates the constitution and its interaction with politics, economics, and society. Studies the powers of Congress taxation, contracts, commerce, war, and First Amendment issues. Explores sovereignty, civil rights, and the new federalism after the Civil War. Assesses the meaning of procedural and substantive due process, and the state action theory. Appraises the transformation in American constitutionalism during Reconstruction. DOCUMENTATION AS REQUIRED Please number all document pages Course Justification Proposed Revision(s) with Justification Student Learning Objectives Enrollment for Last 5 Years New Resources Statement Consultation with other Departments Syllabus (Old and New) Explanation of differences in requirements of dual-level courses RECOMMENDED BY: Department Head/Director of Graduate Programs Date ENDORSED BY: Chair, College Graduate Studies Committee Date College Dean(s) Date APPROVED: Dean of the Graduate School

2 I. COURSE JUSTIFICATION: HI 443/543 The History Department has offered American constitutional history as a one-semester course for several years. It has attracted students interested in a variety of occupations, such a law, teaching, law enforcement, and government service and has therefore drawn students majoring not only in history, but also in education, political science, social work, and sociology, as well as PBS students. The course exposes students to methodologies in historical research, and it requires them to apply these techniques in a scholarly essay. I am proposing to break this one semester course into a two semester sequence Course Titles HI 443/543, U.S. Constitutional History to 1883 HI 444/544, U.S. Constitutional History Since 1870 The breadth of this subject and its popularity among students make it impractical to teach it in one semester. Offering the course in two parts with an overlap of the 13 th, 14 th and 15 th Amendments will benefit students and is pedagogically sound. The Constitution has lived two lives. In the era before the Civil War it was governed under the old federal theory, which gave the states enormous powers over civil liberties and individual rights. The Civil War Amendments (which will end the first course and begin the second) reversed the old federal theory and ushered in a new era by giving the federal government authority to place limits on state power. This dramatic change amounted to a constitutional revolution. Students are urged to take both parts of the course. However, the divide I am using will allow them to take one part without any significant disadvantages because both courses will examine critically the pivotal Civil War Amendments, particularly the Fourteenth. Most two-volume textbooks are written observing this overlap. III. STUDENT LEARNING OBJECTIVES: By the end of this course students will be able to: Identify the nationalist leaders who initiated the movement for constitutional reform during the 1780s. Analyze the arguments of the nationalists. Assess conflicting interpretations of the constitution articulated by the men who helped write it. Define specific constitutional texts, including contracts, commerce, ex post facto law, bill of attainder, war powers, taxation, and habeas corpus. Explain how state power was used to socially engineer society, sanction slavery, and foster racial discrimination. Formulate and evaluate effective legal arguments. 1

3 IV. ENROLLMENT FOR LAST 5 YEARS HI 443 Semester Section Total Students Total Credit Hrs Total FALL ' FALL ' SPRG ' SPRG ' SPRG ' Total: HI 543 Semester Section Total Students Total Credit Hrs Total FALL ' FALL ' SPRG ' SPRG ' SPRG ' Total: V. RESOURCES STATEMENT No new resources are required. Faculty will teach the new course as part of their regular teaching rotation and course load. VI. CONSULTATION WITH OTHER DEPARTMENTS I discussed my proposal with Professor of Political Science Traciel Reid who teaches Constitutional Law (PS 506). Dr. Reid agrees that the course I am proposing complements, rather than duplicates, constitutional law. Her statement is attached to this proposal. 2

4 VII. EPLANATION OF DIFFERENCES IN REQUIREMENTS OF DUAL-LEVEL COURSES Graduate students are required to demonstrate a deeper level of understanding of course topics and display greater intellectual rigor and sophistication in their research. They are required to use primary sources in their research and demonstrate their understanding of the theory and practice of historical inquiry. Furthermore, graduate students will be required to: lead both undergraduate and graduate students in class discussions by reviewing assigned articles and documents write two additional article critiques read additional articles write a substantially longer research paper based on primary sources 3

5 VIII. NEW SYLLABUS U.S. Constitutional History to 1883 HI 443/543 Fall Semester 2006 Dr. Stephen Middleton Office: 114 Harrelson Hall Office Hours: as scheduled Office Phone: Scope This course examines the origins and development of the American constitution to It is organized around themes such as the Articles of Confederation and the federal Convention of 1787; powers of Congress and federal-state relations; slavery and equal rights; civil liberties during crisis times; and constitutional reform after the Civil War. The course will also analyze social, political, economic, and cultural trends, and evaluate their connection to landmark court cases and events. The course will examine the interrelationship between law and society while it assesses how techniques of law are sometimes used to further or restrain civil liberties and civil rights. Student Learning Objectives: By the end of this course students will be able to: Identify some of the nationalist leaders who initiated the movement for constitutional reform during the 1780s. Analyze the arguments of the nationalists. Assess conflicting interpretations of the constitution articulated by some of the men who helped write it. Define specific constitutional texts, including contracts, commerce, ex post facto law, bill of attainder, war powers, taxation, and habeas corpus. Explain how state power was used to socially engineer society, sanction slavery, and foster racial discrimination. Formulate and evaluate effective legal arguments. Course Policies Attendance Policy: Class attendance is mandatory, and excused absences are governed by University policy. Please consult Academic Policies and Regulations located on the web at Incompletes: The University policy regarding incompletes will be observed in this course. The protocol is at 4

6 Academic Integrity: It is the policy of the University that all students sign the following Honor Pledge on tests and assignments: I have neither given nor received unauthorized aid on this test or assignment. The academic integrity policy is available on the web page below. Disability: The University is subject to federal regulations on disabilities, which requires that reasonable adjustments be made for students. To benefit from available accommodations, students must register with Disability Services for Students at 1900 Student Health Center, Campus Box 7509, Additional information on this policy is available at the web at Assignments: There are no provisions for submitting late assignments or making-up scheduled exams, except in cases that are approved under University policies, which includes any crisis that may happen on the day of the event. Participation: By enrolling in a university course a student automatically enters into a contract with the instructor and their peers to do the required readings, conduct research, participate in class discussions, and observe class policies. WebCT Vista: This University-approved tool will be used to supplement instruction in our course. Students will have access to the syllabus, their grades, and documents and articles I post. You can log into WebCT Vista using your unity ID and password at this link Undergraduate Grading Scale: The final grade is based upon the average of the following scores: 100 Points. Mid-term Exam 100 Points. Final Exam 100 Points. Scholarly Essay 40 Points. Bibliography Project/Essay on Historiography 40 Points. 2 Case Summaries (25 each) 20 Points. Class Participation Total Possible points = 400 A+ = 400 denotes superior/exemplary performance A = denotes outstanding/exceptional performance A- = denotes meritorious/honorable performance B+ = denotes very good/strong performance B = denotes very good/efficient performance B- = denotes very good performance C+ = denotes good performance/slightly above average C = denotes average performance/satisfactory work C- = denotes satisfactory work D+ = denotes passing but below average work D = denotes passing but inadequate work 5

7 D- = denotes below average work F = denotes unacceptable work Graduate Grading Scale 100 Points. Mid-term Exam 100 Points. Final Exam 100 Points. Scholarly Essay 100 Points. 2 Article Critiques (50 each) 50 Points. Bibliography Project/Essay on Historiography 50 Points. 2 Case Summaries (25 each) Total Possible points = 500 A+ = denotes superior/exemplary performance A = denotes outstanding/exceptional performance A- = denotes meritorious/honorable performance B+ = denotes very good/strong performance B = denotes very good/efficient performance B- = denotes very good performance C+ = denotes good performance/slightly above average C = denotes average performance/satisfactory work C- = denotes satisfactory work D+ = denotes passing but below average work D = denotes passing but inadequate work D- = denotes below average work F = denotes unacceptable work It is my policy that failure to submit a required project will automatically result in a final grade no higher than a C. This policy applies to graduates & undergraduates. Required Readings for all Students Books Melvin I. Urofsky and Paul Finkelman, A March of Liberty: A Constitutional History of the United States, volume 1 (New York: Oxford University Press, 2002) Price: $62.00 Bernard Schwartz, A History of the Supreme Court (New York: Oxford University Press, 1993) Price: $15.95 Documents Federalist Papers, Numbers 10, 51, 78, and 84 WebCT Vista Anti-Federalist Papers, The Federal Farmer (October 8 and 12, 1787) WebCT Vista 6

8 Journal Articles Mary E. Young, Indian Removal and Land Allotment: The Civilized Tribes and Jacksonian Justice, 64 The American Historical Review (October 1958): JSTOR Joseph Ellison, The Currency Question on the Pacific Coast During the Civil War 16 The Mississippi Valley Historical Review (June 1929): JSTOR Stephen Breyer, The Cherokee Indians and the Supreme Court, Journal of Supreme Court History March 2000, vol. 25, no. 3: WebCT Vista Robert P. Frankel, Jr., Before Marbury: Hylton v. United States and the Origins of Judicial Review, Journal of Supreme Court History April 2003, vol. 28, no. 1: WebCT Vista Required Readings for Graduate Students Paul Finkelman, The Kidnapping of John Davis and the Adoption of the Fugitive Slave Law, 56 Journal of Southern History (August 1990): JSTOR Robert J. Kaczorowski, To Begin the Nation Anew: Congress, Citizenship, & Civil Rights, 92 American Historical Review (February 1987): JSTOR Leonard W. Levy and Harlan B. Philips, The Roberts Case: Source of Separate but Equal 56 The American Historical Review (April 1951): JSTOR Alfred H. Kelly, The Congressional Controversy over School Segregation, , 64 The American Historical Review (April 1959): JSTOR Robert Lowry Clinton, The Supreme Court Before John Marshall, Journal of Supreme Court History December 2002, vol. 27, no. 3: WebCT Vista Projects I. Research Paper All students taking this course for credit will write a research paper on a topic approved by the instructor. Undergraduates will write a paper of pages. Graduate students will write a paper of pages. These page requirements assume that all references are endnotes and are not included in the page count. Due Date: November 27 II. Bibliographies a) Annotated Bibliography: Undergraduate students will compile an annotated bibliography (16 20 entries) on their research project. The title of the research paper and the subtitle, An Annotated Bibliography, shall form the title of this work. In addition, the work should include a singled-spaced introduction with the thesis statement for the essay underlined. Satisfactory entries will have complete citations of the sources consulted and an annotation of 2 or 3 sentences. Since your notes will have precise information on the value of your sources, it is advisable to write the annotation from them. Due Date: October 9 7

9 b) Essay on Historiography: Graduate students will write an essay engaging the literature they are using for their projects. The primary title of the research paper and the subtitle, An Essay on Historiography, shall form the title of this work. Students should compare sources and discuss their work in essay format. It is vital to comment on the sources to and illustrate their relevance to the research. It is advisable that you write the commentary from the evidence collected during the research. Students are urged to consult their professor as needed. Due Date: October 9 III. Case Summaries All students will write two briefs on court cases assigned by the instructor, and present the central arguments of their cases in class. Additional guidelines for writing the briefs are available at the course website (Web CT Vista). You can log into your WebCT Vista site at this link with your unity ID and password Thomas Jefferson on Briefs: In reading the Reporters, enter in a commonplace book every case of value, condensed into the narrowest compass possible, which will admit of presenting distinctly the principles of the case. This operation is doubly useful, insomuch as it obliges the student to seek out the pith of the case, and habituates him to a condensation of thought, & to an acquisition of the most valuable of all talents, that of never using two words where one will do. It fixes the case, too, more indelibly in the mind. All written work must be typed. The annotated bibliography and briefs should be singlespaced. The research paper and essay on historiography should be double-spaced. Style Sheets for these projects are available at WebCT Vista. IV. Exams Midterm Exam: October 4 Final Exam: as scheduled by the Registrar V. Graduate Students Only Some of the readings for this course are required for graduate students. These students will each read two assigned essays, write critiques, and present their assessments in class. The articles and book chapters required for graduate students are indicated in boldface by author in this syllabus. Class Schedule Any changes to this schedule will be announced in class. Students should be ready to discuss their cases as assigned. Each unit in this outline will require approximately six class hours. 8

10 Unit 1, August 18 28: From Confederation to Republic Independence and the Internal Revolution Articles of Confederation The Nationalist Reform Movement The Constitutional Convention of 1787 The Ratification Debates Adoption of the Bill of Rights Readings: Urofsky & Finkelman, March of Liberty, Chapter 4, pages 61 77, Chapter 5, pages 80 91, Chapter 6, pages , Chapter 7, pages ; Federalist Papers, No. 10, 51, 78, 84; Anti-Federalists Papers, The Federal Farmer. Unit II, August 30 to September 13: The Supreme Court and Constitutional Interpretation The National Judiciary The National Bank Debate The Meaning of Treason The Alien and Sedition Acts Virginia and Kentucky Resolutions Readings: Urofsky & Finkelman, March of Liberty, Chapter 7, pages , Chapter 8, pages , , Chapter 10, pages ; Federalist Papers, No. 78; Robert L. Clinton, The Supreme Court Before John Marshall, Pages ; Schwartz, History of the Supreme Court, Pages Briefs Due: September 15 Unit III, September 18 29: John Marshall and the Consolidation of National Power The Power of Judicial Review Interpreting the Contracts Clause Interpreting the Commerce Clause Interpreting the Takings Clause The Taney Court and the Public Interest Readings: Urofsky & Finkelman, March of Liberty, Chapter 8, pages , Chapter 10, pages , Chapter 11, pages , , Chapter 12, pages ; Schwartz, History of the Supreme Court, pages Briefs Due: October 2 9

11 Unit IV, October 9 16: Race, Racism, and American Law American Indians Federal Labor Laws Antislavery Constitutionalism Abolitionists on Trial Slavery in the Courtroom Readings: Urofsky & Finkelman, March of Liberty, Chapter 7, pages , Chapter 17, pages , Chapter 18, pages , ; Breyer, The Cherokee Indians and the Supreme Court, Pages ; Paul Finkelman, The Kidnapping of John Davis and the Adoption of the Fugitive Slave Law of 1793, Pages ; Schwartz, History of the Supreme Court, Pages ; Young, Indian Removal and Land Allotment: The Civilized Tribes and Jacksonian Justice, Pages Briefs Due: October 18 Unit V, October 20 to November 1: The Civil War and Reconstruction Lincoln s Constitutional Dictatorship The Confiscation Acts Theories of Reconstruction The Expansion of Civil Rights The Civil War Amendments The Transformation of Federalism Readings: Urofsky & Finkelman, March of Liberty, Chapter 19, pages , Chapter 20, pages , Chapter 21, pages ; Schwartz, History of the Supreme Court, Pages Briefs Due: November 3 Unit VI, November 6 20: The Old Legality: Gender and Civil Rights Legal Status of Women The Nationalization of Civil Rights Racial Segregation and Disfranchisement The Supreme Court and the Theory of State Action The Dawes Act and American Indians The Chinese Exclusion Act Readings: Urofsky & Finkelman, March of Liberty, Chapter 22, pages ; Robert Kaczorowski To Begin the Nation Anew: Congress, Citizenship, and Civil Rights after the Civil War, Pages 45 68; Schwartz, History of the Supreme Court, Pages , ; Leonard W. Levy and Harlan B. Philips, The Roberts Case: Source of the Separate but 10

12 Equal Doctrine, Pages ; Alfred H. Kelly, The Congressional Controversy over School Segregation, , Pages Briefs Due: November 22 Unit VII, November 27 to December 29: Laissez Faire Constitutionalism and the Rise of the Industrial State Laissez Faire Constitutionalism Entrepreneurial Liberty Labor and the Liberty of Contracts Legal Tender Cases Income Tax Cases Readings: Urofsky & Finkelman, March of Liberty, Chapter 21, pages ; Ellison, The Currency Question on the Pacific Coast During the Civil War, Pages 50 66; Frankel, Before Marbury: Hylton v. United States and the Origins of Judicial Review, Pages 1 13; Schwartz, History of the Supreme Court, Pages , , Briefs Due, December 1: 11

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