Great Cases: American Legal History Center for Talented Youth The Great Cases course explores the development of American law with an examination of the legal scholarship and judicial decisions that have demarcated our nation s history. Surveying the United States legal evolution from its traditional English roots up through contemporary Supreme Court cases, students will analyze the mosaic of surrounding social, economic, and political forces such as war, slavery, freedom of religion, Native American treaties, immigration, counter-culture movements, and same-sex marriage. Required Texts American Legal History by Kermit Hall, Paul Finkelman, and James Ely, Jr. (New York: Oxford Press, 2011). A People s History of the Supreme Court by Peter Irons (New York: Penguin Books, 2007). [Additional documents, essays, and texts will be made available by the instructor.] Course Outline (Please note that the instructor may modify the syllabus throughout the course.) Day One: Introductions, Creation of the United States, Introductions, Honor Code, Icebreakers Pre -Test Free Write: Why study history? Roots of American law: Magna Charta, English Bill of Rights, Mayflower Compact Read Declaration of Independence, United States Constitution (including Bill of Rights) Declaration of Independence activity Day Two: Constitution, Development of the Supreme Court, Separation of Powers Revolutionary War, Articles of Confederation Constitution, Bill of Rights, & Slavery Drawing the Constitution Exploring the Bill of Rights Fourth Amendment trial prep Day Three: National and State Power, Geographical Development, and Commerce Fourth Amendment trial Alien & Sedition Acts, Virginia and Kentucky Resolutions Reading: Zinn on the Sedition Act Marbury v. Madison (1803); Jeffersonian ideals; War of 1812,
Debate prep: McCulloch v Maryland Debate: McCulloch End of Era of Good Feelings, Missouri Compromise, Corrupt Bargain Birth of Democratic Party Day Four: Geographical Development and Commerce; Citizenry and Slavery Marshall Trilogy Johnson v M Intosh (1823), Cherokee Nation v. Georgia (1831), Worcester v. Georgia (1832): Marshall Model of Native American Rights Free write: Why aren t treaties with Native American tribes the supreme law of the land? Powerpoint: Jacksonian Democracy Nullification Crises Exercise: State v. Federal Power Prigg v. Pennsylvania (1842), Dred Scott v. Sanford (1857), Ableman v Booth (1859) Zinn: Slavery Without Submission, Emancipation Without Freedom, A People s History of the United States. Dred Scott trial prep Day Five: Civil War & Reconstruction, Gilded Age Exercise: Dred Scott trial Civil War: Prize Cases, Ex parte Merryman, Emancipation Proclamation Executive power during wartime Reconstruction, & Gilded Age 13th, 14th, and 15th Amendments Reading : Case Against SC (p. 27 34) Discussion: Bradwell v. Illinois, Civil Rights Cases, Plessy v. Ferguson Free-write: Gender vs. racial discrimination Great Cases Jeopardy Intro Populism & Progressivism Day Six: Industrialization, Progressivism Lochner Era Zinn excerpt: Robber Barons & Rebels Sherman Anti-Trust Act, Populism Lochner Era: Lochner v. New York, Muller v. Oregon Case Against SC (p. 90 110) Free-write: Should substantive due process exist? Laissez-faire capitalism, Social Darwinism VIDEO: Constitutional interpretation
Day Seven: Woodrow Wilson, Suffragettes, WWI, Red Scare Wilson, WWI, Red Scare, Free Speech cases Dangerous speech exercise Prep for mock trial Mock trial on free speech case Roaring Twenties; Harding, Coolidge, & Hoover Day Eight: FDR, Legal Realism, New Deal, WWII, Postwar America Reading WC & Pursuit p. (74-82) FDR & New Deal Group activity New Deal law and politics Reading: A Jap s a Jap (Irons, pp 348-364) Korematsu v. United States Drawing Propaganda posters Introduction to the Warren Court (1953 1969) Read WC & Pursuit..: Chapters 1 & 2 (p. 3-31) Day Nine: Warren Court (continued) McCarthyism, Civil Rights Movement Cold War, communism, and free speech Read WC & Pursuit Chapter 3 (p. 32-51) Brown v. Board of Education (1954): Martin Luther King, Malcolm X, Civil Rights, Civil Rights Act Katzenbach v. McClung (1964), Heart of Atlanta Motel v. United States (1964) AUDIO: Malcolm X speeches Diversity in education: From Brown to Bakke to Grutter. Great Cases Jeopardy Day Ten: Rights of the Accused Introduction to criminal procedure, Review Fourth, Fifth, Sixth, and Eighth Amendments Read: Mapp v. Ohio, Miranda v. Arizona, Gideon v. Wainwright Debate prep: Rhode Island v. Innis: Illegal interrogation? Florida v. Bostick: Question of Consent Other cases of legal consent and self-incrimination Innis and Bostick debates VIDEO: The O.J. Verdict
Free write: Does the O.J. case properly represent our justice system? Day Eleven: Privacy, Abortion, Same Sex Marriage Activity: Constructing Privacy in the Constitution Griswold v. Connecticut, Roe v. Wade, Planned Parenthood v. Casey Bowers v. Hardwick, Lawrence v. Texas, United States v. Windsor Case Against SC (p. 229-232) Day Twelve: Vietnam, Watergate, Burger Court Overview: Vietnam War United States v. O'Brien (1968), Cohen v. California (1971) New York Times Co. v. United States (1971) Powerpoint: Watergate United States v. Nixon (1974) VIDEO: The Most Dangerous Man in America Finish video: Protesting war; then and now Day Thirteen: Reagan Era, Clinton Impeachment, High Crimes and Misdemeanors Reagan Era, Iran Contra Affair Exercise prep: Clinton Impeachment Clinton Impeachment: Senate trial Introduction: 9/11, War on terror, Evening VIDEO: The Torture Question Free write: Can torture ever be justified? Day Fourteen: Whistleblowing: Ethics and the law Debate prep: Edward Snowden: hero or traitor? Snowden debate Post-test Day Fifteen: Final Day Reflections: What have we learned? READINGS: The Warren Court and the Pursuit of Justice
Introduction to Warren Court: Chapter One (p. 3-14) Brown and Civil Rights Movement: Chapters Two & Three (p. 15-51) Rights of the Accused: Chapter Five (p. 91-98) Privacy (p. 106-111) Constitutional Interpretation: Chapter Five (p. 74-82; p. 85-88) Chapter Seven (p. 112-115) The Case Against the Supreme Court Introduction: (p. 1-17) Prigg & Dred Scott (p. 21-27) Civil War Amendments (p. 27-34) Lochner Era (p. 90 110) State vs. Federal Power (p. 110-118) Voting Rights (p. 127-130) Rights of the Accused (p. 139-137) (p. 146-154) Gay Rights (p. 229-232) Watergate (p.267-271) Judicial Review (p.271-292) Supreme Court Changes: Chapter Nine (p.293-330)