POLITICAL SCIENCE 353.502 Constitutional Rights and Liberties Fall 2017 Professor Judith Baer TR 11:55 AM 1:10 PM Allen 1015 Instructor's Contact Information: Allen 2094 979-845-2246 (answering machine) J-baer@pols.tamu.edu Web site address: https://pols.tamu.edu/about-us/facultydirectory/judith-a-baer-professor/ Office hours: T 1:30 2:30 PM; R 10-11 AM Course Objectives: 1. To introduce the student to the study of constitutional law by reading and briefing court cases. 2. To study the history of constitutional interpretation. 3. To explore recurring issues in constitutional doctrine and judicial review. 4. To discuss the role of the courts and of case law in the American political system. Learning outcomes relevant to Social and Behavioral Sciences (SBS): Students can expect to learn the following by the end of this course: (1) to define, understand, and use concepts and terms relevant to the study of constitutional law (SBSEEO1); (2) to apply a body of factual knowledge directly relevant to understanding the role of the courts in the American political system (SBSEEO2); (3) To understand the evolution and current status of constitutional doctrine on rights and liberties (SBSEEO7). Prerequisites: POLS 206 or permission. Students with Disabilities The Americans with Disabilities Act (ADA) is a federal anti-discrimination statute that provides comprehensive civil rights protection for persons with disabilities. Among other things, this legislation requires that all students with disabilities be guaranteed a learning environment that provides for reasonable accommodation of their disabilities. If you believe you have a disability requiring an accommodation, please contact the Department of Student Life, Services for Students with Disabilities in Room B118 of Cain Hall, or call 845-1637. Grade Disclosure
All personal information concerning your performance in this course is governed by federal privacy legislation, known as the Family Educational Rights and Privacy Act of 1974 (FERPA). No grades or status questions may be provided to students by telephone or email. Course Materials/Copyright Statements The handouts used in this course are copyrighted. By handouts, I mean all materials generated for this class, which include but are not limited to syllabi, quizzes, exams, lab problems, in-class materials review sheets, and additional problem sets. Because these are copyrighted, you do not have the right to copy the handouts, unless I expressly grant permission. Plagiarism and Academic Dishonesty As commonly defined, plagiarism consists of passing off as one s own the ideas, words, writings, etc., which belong to another. In accordance with the definition, you are committing plagiarism if you copy the work of another person and turn it in as your own, even if you should have the permission of the person. Plagiarism is one of the worst academic sins, for the plagiarist destroys the trust among colleagues without which research cannot be safely communicated. If you have any questions regarding plagiarism, please consult the honor system website or the latest issue of the Texas A&M University Student Rules, under the section Scholastic Dishonesty. Honor Code Link: http://www.tamu.edu/aggiehonor/ Text: Lee Epstein and Thomas G. Walker, Constitutional Law for a Changing America: Rights, Liberties, and Justice. 9 th edition only. (E & W). On order at the University Bookstore. Several additional readings. These will either be posted on the class website or distributed in advance. Format: Seminar, with occasional lectures. Students are expected to participate in class discussion and to read the assigned cases before the class session in which they are covered. Any changes in daily assignments will be announced in class and by email. Assignments in Epstein & Walker include the excerpted text of the cases, the material surrounding assigned cases, the introductions to chapters and chapter sections, and the tables, figures, and boxes. (When in doubt, read it.) Students are responsible for every case listed on this syllabus, for any other material assigned during the semester, and for lectures and discussions. 2
Requirements: 1. Informed, prepared class participation. There are no stupid questions and no bad answers. Wrong answers to my questions will not lower your grade. Persistent lack of preparation will. 2. Three (3) take-home essay examinations, in class, due by 5 PM Monday, September 26; Monday, November 6; and Monday, December 4. The first will cover material through Part III.C; the second, Part III.D. through Part VI: the third, Part VII to the end. 3. One (1) term paper, described below, due Friday, December 8 by 5 PM. THERE WILL BE NO FINAL EXAMINATION. ALL EXAMINATIONS MUST BE SUBMITTED IN MICROSOFT WORD, 12-pt. FONT, DOUPLE-SPACED!! Weight: Participation and midterm, 1/6 each; paper, 1/3. Extensions and Make-ups: I allow these only with advance notice, and only when circumstances warrant them. Syllabus I. Introduction (August 29 September 7) A. E & W, Introduction to Part I; Chapters 1-3; Introduction to Part II; Constitution of the United States Julie Novkov, How to Read a Case, on website. Briefing Cases, on website August 31 (R) WALK B. September 5: The Fourteenth Amendment and the Bill of Rights (E&W, Ch. 3) Barron v. Baltimore Palko v. Connecticut II. Religion: Exercise and Establishment (E&W, Ch. 4) A. September 7: Free Exercise Clause Wisconsin v. Yoder Employment Division v. Smith City of Boerne v. Flores B. September 12: Establishment Clause Abington v. Schempp Lemon v. Kurtzman; Early v. DiCenso Town of Greece v. Galloway III. Freedom of Expression (E&W, Chapters 5-7) A. September 14: Pure Speech 3
Schenck v. U.S. Brand3enburg v. Ohio West Virginia BOE v. Barnette B. September 19: Speech Plus U.S. v. O Brien Texas v. Johnson McCullen v. Coakley C: September 21: Prior restraint Near v. Minnesota New York Times v. U.S. September 25 (M): First exam due at 5 PM. D. September 26-October 3: Non-speech 1. September 26: Libel NY Times v. Sullivan Hustler Magazine v. Falwell 2. September 28: Obscenity Roth v. US Miller v. California New York v. Ferber 3. October 3: Fighting Words and Hurting Words Obscenity and Feminism, website Chaplinsky v. New Hampshire Cohen v. California E. October 5: The First Amendment and the Internet (E&W, Ch. 8) Reno v. ACLU U.S. v. Williams Child Pornography Victims, website IV. The Right to Bear Arms (E&W, Chapter 9) October 10 : District of Columbia v. Heller Heller and the states 4
V. Privacy (E&W, Chapter 10) October 12-17: Privacy and Autonomy Griswold v. Connecticut Roe v. Wade Planned Parenthood v. Casey Obergefell v. Hodges VI. Rights of the Accused (E&W, Introduction to Part III, Chapters 11 & 12) A. October 19: Searches and Seizures Katz v. U.S. Illinois v. Gates Safford USD v. Redding B. October 24: Exclusionary rule Mapp v. Ohio US v. Leon Hudson v. Michigan C. October 26: Right to Counsel and Immunity from Self-Incrimination Miranda v. Arizona Missouri v. Seibert D. October 31: Cruel and Unusual Punishment Gregg v. Georgia Atkins v. Virginia VII. Civil Rights and Equality (E&W, Introduction to Part IV, Chapter 13) A. November 2-7: The Basics Brown v. BOE I&II Loving v. Virginia Regents v. Bakke Parents Involved v. Seattle November 6 (M): Second take-home exam due. B. November 9: The Limits of Racial Equality Shelley v. Kraemer Burton v. Wilmington Parking Authority Moose Lodge #107 v. Irvis C. November 14: Gender Discrimination Reed v. Reed Craig v. Boren U.S. v. Virginia 5
D. November 16-21: Beyond Race and Gender San Antonio v. Rodriguez Plyler v. Doe Romer v. Evans Hazelwood School District v. Kuhlmeier (Chapter 6) Thursday, November 23 Thanksgiving. No class. VIII. Voting and Representation (E&W, Chapter 14) (November 28-30) South Carolina v. Katzenbach Shelby County, Alabama v. Holder Reynolds v. Sims Miller v. Johnson December 4 (M) Third exam due at 5 PM. December 5 (T) Recapitulation. Last day of class. December 8 (F) Term paper due at 5 PM. TERM PAPER * Choose a heading in one of the chapters of the text we have read. It need not be in the course syllabus. Trace the development of doctrine in a particular issue area within the purview of this course (e.g., free exercise of religion or gender discrimination, but not the Commerce Clause, executive power, or the Tenth Amendment) You may need to narrow the topic even further: for example, you might want to look only at free exercise in public school) or a particular time period (see E &W, Chronological Table of Cases. ) Your paper must include critical analysis of the rulings you discuss. * You will need to find other cases in addition to the ones in the syllabus. For example, a paper on obscenity might examine cases in the lower federal courts that preceded the Roth decision, or confine itself to decisions following Miller v. California. You are under no obligation to analyze all the cases in your section. In fact, you are free to concentrate on cases that were not assigned in class. I hope that some of you will start with a single case and go backward or forward from there. * You may want to look at law review articles to find out what critical reception your case(s) received. * If you have a different idea for a paper, see me about it. *The paper must be as long as it needs to be in order to complete the task you have set for yourself. Recommended length is 12-15 pages plus a bibliography. 6
* Papers may be submitted either in hard copy or in Microsoft Word, double-spaced, in 12 pt. font, stapled or clipped (no loose leaf!), and the pages MUST be numbered or the paper will be marked down a half letter grade. * All papers MUST have a bibliography in correct scholarly form, or they will automatically lose a letter grade. For guidance, consult any recent issue of the American Political Science Review, the American Journal of Political Science, or the Journal of Politics. * You must provide citations for all information from other people's work (e.g., quotes, paraphrasing). Not doing so constitutes plagiarism, for which the penalty is receiving a grade of "0" on the paper. Just giving a page number does not constitute a sufficient citation (except for the text.) Again, see the above journals for examples. A citation must always include the exact page numbers from which you obtained the information or the quote, unless you intend to cite the entire book, chapter, or journal article. Failure to provide citations in the correct form will result in a letter grade off on the paper. * All papers should have an introduction and a conclusion. The introduction portion of your paper should include identification of the topic, an explanation of why the topic is important, a thesis statement, and a summary of the organization of the paper. The introduction tells the reader what you will say. The body of the paper says it. The conclusion summarizes what you just said. * You may use the internet for information, but it cannot be your only source of information. A scholarly research paper should rely on primary sources (e.g., cases) and scholarly works (books, book chapters, and/or journal articles.) Sources that do come from the internet must be cited as cases or articles, with the usual documentation. All papers must use and cite at least five sources from outside the syllabus. * Papers should be proofread and spell-checked. Failure to do this makes your work look sloppy and is an insult to your reader. It will result in a lowering of your grade. * If you want to combine this paper with one for another course, consult me about it. I have no objection to "double duty" papers, as long as it's OK with the other teacher. Criteria for grading (in no particular order): Selection of a topic that is significant enough to merit attention and narrow enough to handle in a term paper. Ability to read and think independently, as demonstrated by attention to material outside the syllabus. Intelligent use of the relevant course material. Ability to reason effectively. Clarity, logic, and organization. Syntax, grammar, and spelling. The paper is due Friday, December 8, by 5:00 P.M. 7
Good Websites: www.findlaw.com www.lexis-nexis.com/universe 8