School of Arts and Sciences
COURSE SYLLABUS
Course Number POL 335 |
Course Title American
Constitutional Law I |
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Fall Semester X |
Spring Semester |
Summer Semester |
Year 2015 |
Name of Instructor William Miller |
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Meeting Day, Time, and Room Number Tuesdays
& Fridays, 11:00-12:15pm, Rowley G205 |
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Final Exam Day, Time, and Room Number Tuesday, December
15, 11:00am-1:30pm, Rowley G205 |
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Office Hours, Location, Phone Tuesdays & Fridays, 1:00-2:00 and
3:30-4:00pm; Wednesdays and other times by appointment. Ireton, G107, (703)
284-1687. Always email ahead of time! |
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E-mail &
Website wmiller@marymount.edu (Email is
always the best way to reach me! millerpolitics.com
(All announcements and assignments are posted here, not on Blackboard.) |
UNIVERSITY STATEMENTS
Academic
Integrity
By accepting this syllabus, you pledge to uphold the principles
of Academic Integrity expressed by the Marymount University Community. You
agree to observe these principles yourself and to defend them against abuse by
others.
Special
Needs and Accommodations
Please address any special challenges or needs with the
instructor at the beginning of the semester. Those seeking accommodations based
on disabilities should obtain a Faculty Contact Sheet (FCS) from Student Access
Services. Student Access Services is located in Rowley Hall, Suite G105. Please
email access@marymount.edu or call 703-526-6925 to schedule an appointment or
speak with the director.
Access
to Student Work
Copies of your work in this course including copies of any
submitted papers and your portfolios may be kept on file for institutional
research, assessment and accreditation purposes. All work used for these
purposes will be submitted anonymously.
Student
Copyright Authorization
For the benefit of current and future students, work in this
course may be used for educational critique, demonstrations, samples,
presentations, and verification. Outside
of these uses, work shall not be sold, copied, broadcast, or distributed for
profit without student consent. Items submitted for this course also may be
submitted to TurnItIn.com for analysis.
University
Policy on Weather and Emergency Closings
Weather and Emergency closings are announced on Marymount’s
web site, through MUAlerts, area radio stations, and
TV stations. You may also call the Weather and Emergency Hotline at (703)
526-6888 for current status. Unless otherwise advised by local media or by
official bulletins listed above, students are expected to report for class as
near normal time as possible on days when weather conditions are adverse.
Decisions as to inclement closing or delayed opening are not generally made
before 6:00 AM and by 3:00 PM for evening classes of the working day. Emergency
closing could occur at any time making MUAlerts the
most timely announcement mechanism. Students are expected to attend class if
the University is not officially closed. If the University is closed, course
content and assignments will still be covered as directed by the course
instructor. Please look for communication from course instructor (e.g., Blackboard)
for information on course work during periods in which the University is
closed.
Emergency
Notification Policy
When students are absent due to a crisis situation or
unexpected, serious illness and unable to contact their individual instructors
directly, the Office of Student Development can send out an Emergency
Notification. To initiate an Emergency Notification, students should contact
the Office of Student Development at 703-284-1615 or
studentdevelopment@marymount.edu.
Emergency Notifications are NOT appropriate for
non-emergency situations (e.g. car problems, planned absences, minor illnesses,
or a past absence); are NOT a request or mandate to excuse an absence, which is
at the sole discretion of the instructor; and are NOT a requirement for student
absences. If a student contacts instructors about an emergency situation
directly, it is not necessary to involve the Office of Student Development as
arrangements are made to resolve the absence.
For non-emergency absences, students should inform their
instructors directly.
1. BROAD PURPOSE OF COURSE (Include the catalog description)
The course is an introduction to the
federal judiciary in American government and a survey of the principal
decisions of constitutional law that have influenced the development of the
American polity. More specifically, the course will:
(1) introduce
students to the American court and legal systems and, in particular, to the
role of the Supreme Court in the American scheme of government, and
(2) study court opinions that have
interpreted the provisions of the United States Constitution that allocate
power among the three branches of the federal government and between the
federal and state governments.
2. COURSE OBJECTIVES/LEARNING OUTCOMES (Include
all that are appropriate):
Course-Specific Outcomes
Upon successful
completion of this course students will be expected to:
1.
to
be able to demonstrate orally and in written tests a basic understanding of the
English roots, the structure, and the functions of the American legal systems
as they developed over the past two centuries;
2.
to
demonstrate orally and in written tests familiarity with the broad outlines of
the legal process as it applies to the federal courts today;
3.
to
be able to identify, locate, and cite authoritative legal sources;
4.
to
be able to reason critically about the issues, the holdings, and the
rationales of court decisions and to practice the writing and oral
presentation of legal arguments;
5.
to
demonstrate orally and in written tests familiarity with the doctrine of
separation of powers and the principal constitutional powers of the Congress,
the President, and the federal judiciary; and,
6.
to demonstrate orally and in written tests familiarity with
the principle of American federalism and with the principal Supreme Court
opinions interpreting (1) the powers, and in particular the Commerce Clause
power, assigned by the Constitution to the national government and (2) the
police power of the states.
3. TEACHING METHOD (lecture, laboratory, audio-visual, clinical
experience, discussion, seminar, tutorial)
Lectures by the
instructor and briefing and discussion of court opinions by the students.
4. GRADING POLICY (i.e., number of graded
assignments, weight given to each)
The final grade will be based upon
three examinations and class participation, as follows:
20% = Lower mid-term exam grade
30% = Higher mid-term exam grade
35% = Final exam grade
15% = Class assignments, quizzes, briefs,
constructive contributions to discussion
The usual scale of 90-100%=A,
80-89%=B, 70-79%=C, 60-69%=D, and 59% and below=F will be used for all graded
work.
ATTENDANCE AND MAKE-UP EXAM POLICY
Attendance: Beginning
with the second week of classes, students are allowed a total of nine absences,
excused and/or unexcused. Students who miss ten or more classes for any reason
will receive an “F” in the course.
Each
unexcused absence beyond three—up to
the absolute limit of nine—will result in a lowering of the final grade by one
percentage point. To be excused, an absence must be explained to and approved
by me, preferably before it occurs. Excused absences are typically those that
are documented, such as medical-, legal-, or job-related excuses. Note: Occasionally
coming to class late—even real late once or twice—is not considered an absence.
Coming to class without hard copies of the text for the day or leaving class
after taking an announced quiz without the prior permission of the instructor,
however, is considered an absence.
Merely
informing me ahead of time that you will be absent from class does not mean I
excuse the absence, though I appreciate your courtesy. I will not excuse your
absence because you are simply not feeling well or because you choose to do
something worthwhile other than come to class even if you inform me ahead of
time. If you are coughing and sneezing and coming down with a cold or the flu,
and you don't want to spread your virus to your classmates, your fellow
students and I salute you! Staying home may be the right thing to do, but it is
not an excused absence. You all get three unexcused absences to use as you see
fit, and it is your decision to use them to stay home when you don't feel well
or want to attend some other event or need to prepare for another class instead
of going to my class. Use them for good reasons: that's what they are for.
The
limit of nine total absences recognizes that excessive excused absences may also be a problem. You should discuss such
situations with me well before the last month of the semester. This is not a
distance learning class. Any absence prevents you from participating in the
class, but if your job or an illness keeps you away from class, it will
significantly affect the class participation component of your grade and may be
a good reason to drop the course and take it another time. All of us find
ourselves in these situations from time to time and have to deal with them
appropriately. You also have an obligation to report this to a University
office (see the section titled “Attendance” in the University Catalogue).
When
in doubt about any of these policies, please come and talk to me. They have
been formulated with our substantial commuter and working student population in
mind and are intended to be fair to everyone. You should also review the
University's policies on absenteeism in the section titled “Attendance” in the
University Catalogue.
When in doubt about any of these
policies, please come and talk to me. They have been formulated with our
substantial commuter and working student population in mind and are intended to
be fair to everyone. You should also review the University's policies on
absenteeism in the section on “Attendance” of the University Catalogue.
Make-up Exams:
The same basic rules about excused absences apply to taking mid-terms. My
policy of giving makeup exams on the same day as the final does NOT mean that
you may choose to take the mid-term exam on that day rather than on the
regularly scheduled day: it is not an alternative test date. To be eligible for
a makeup, you must qualify for an excused absence, and this you should do a
reasonable time before the day of the mid-term, if that is at all possible. You
may be excused from taking a mid-term if you are certifiably sick or your job
prevents you from attending class or you have a serious family or personal
emergency on the day of the test. If one of these applies and I am informed in
a reasonable time before the exam and you have written documentation to support
your request, you may take the exam on the same day as the final exam. If
none of these reasons apply, you may not take the exam at another time, and you
will get a zero for the exam. If you are late for the exam because of
events outside of your control, let me know immediately or as soon as possible that day, and I will let you take the
exam later that same day if possible.
5. CLASS SCHEDULE (List topics to be covered with approximate
dates of presentation)
As
stated, this schedule is approximate. The specific cases to be assigned
in the course will be announced in class and posted on my website under
"Weekly Assignments—Constitutional Law (Fall 2015)." For any cases assigned, you might also read
the commentary in the Nowak and Rotunda hornbook. Always use the
versions on the "Constitutional Law Case List" link; usually, you
will not have to read the whole opinion.
WEEK I (9/1-4) Introduction
to the course and to finding and citing legal sources (Primer, Appendix
A). Friday: History of Anglo-American
courts (Primer, Ch. 1) and the Obama Health Care case, National Federation of Independent
Businesses v. Sebelius.
WEEK
II (9/8-11) Tuesday:
Jurisdiction, judicial power, justiciability (Primer,
Ch. 2). Friday: Cases; Primer, Appendix
B.
WEEK
III (9/15-18) Tuesday:
Litigation Process (Primer, Ch. 3). Friday: Cases.
WEEK
IV (9/22-25) Tuesday:
Cases and analysis of opinions. Friday: State and federal courts (Primer,
Ch. 4). Note: Wednesday:
Constitution Day Luncheon and Address.
WEEK
V (9/29-10/2) Tuesday:Mid-term Exam. Cases on the Powers of the National Government. Express and
Implied Powers: McCulloch v. Maryland,
Friday,
October 2, 2015, is the last day to withdraw from a class without academic
record.
WEEK VI (10/6-9) Cases on the Powers of the National
Government. Express and Implied Powers
WEEK VII (10/16) Cases
on Incidental Powers.
WEEK VIII (10/20-23) Cases on Privilege
and Immunity and on Treaty Powers and Executive Agreements.
WEEK IX (10/27-30) Cases
on War Powers and on Separation of Powers—Delegation Doctrine, Appointment, and
Removal.
WEEK X (11/3-6) Cases
on Separation of Powers.
Friday,
November 6, 2015, is the last
day to withdraw from a class with a grade of W.
WEEK
XI (11/10-13) Tuesday: Mid-term Exam. Friday: Cases on the Commerce Powers of the National
Government: Gibbons v. Ogden.
WEEK
XII (11/17-20) Cases on the Commerce Powers of the
National Government.
WEEK XIII (11/24) Cases
on the Powers of the State Governments under the Commerce Clause.
WEEK XIV (12/1-4) Cases
on the Powers of the State Governments.
WEEK XV (12/8-11) Cases on the Powers of the State Governments.
The
Final Exam will be given only at the announced date and time prescribed by the
University Final Exam Schedule: Tuesday, December 15th, 11:00am. All
mid-term exam make-ups will be given only on the same day before or after the
final exam. Please make your travel plans accordingly!
6. REQUIRED TEXTS
Miller, William. Primer on American Courts. New
York: Taylor and Francis, 2005.
We do not use a constitutional law
casebook. In order to do the case assignments in this course, you will have to
use the Internet, or the Lawyers' Edition collection in the library, or one of
the other two sets of Supreme Court reports, all of which are described below.
Familiarity with these sources is required. The cases that we will use are
available online by clicking on the “Constitutional Law Case List (Fall 2015)”
link, which is located on my webpage under the “Weekly Assignments”
subheading. You will also need a three-hole paper punch and several three-ring
binders to hold the copies of court opinions that you download.
7. REQUIRED OR SUGGESTED READINGS OR
AUDIO-VISUAL MATERIALS
Strongly Recommended:
Nowak, John E., and Ronald D. Rotunda. Constitutional Law. (most recent ed.) St. Paul, Minnesota: West Publishing Co. This is in the book store and is intended to take the place of the casebook.
The United States Constitution Annotated, prepared by the Congressional Research Service of the United States Library of Congress, is also available on the web via Findlaw.com and USATODAY.com.
The opinions of the Supreme Court and other courts can be found on the Internet on a number of different sites. Three free sites that I suggest you use are (1) supreme.justia.com, (2) Findlaw.com, and (3) LexisNexis Academic. LexisOne, which is another site that is useful for this course, is more restricted for legal research. The LexisNexis site is offered through your Marymount library ALADIN site. Go to "ALADIN Databases," then "All Marymount Databases," then find "LexisNexis Academic." Information about finding cases on Findlaw.com and Supreme Justia is contained in the Primer on American Courts and on the “Constitutional Law Case List (Fall 2011)” link. We will also explain how to access them in class. You will need to use these sites early in the semester;
We have many good texts in the library on law and constitutional law, including a complete collection of Supreme Court opinions (Lawyers' Edition). I shall make several assignments during the semester to brief the complete opinions from the Lawyers Edition. The library also receives a weekly publication called United States Law Week ("Law Week") which reports closely on the activities of the Supreme Court and other state and federal courts throughout the nation, and prints Supreme Court opinions a few days after they are announced. The "Advance Sheets" of the Lawyers Edition also publish Supreme Court opinions shortly after they are announced.
Links to several of these sites are found on the webpage! Explore all of these sites.
A FEW FURTHER RULES
For the benefit of the class and your classmates, the following rules regarding electronic devices also apply to this course:
1. Turn your cell phones off during the class. If you are expecting an important call, put your phone on “Vibrate,” sit near the door, and, when the call comes, answer it outside the classroom.
2. It follows from the foregoing rule, but it must be separately stated: no talking and no texting on cell phones during class. If you do not follow this rule, I will publicly ask you to leave the room for the remainder of the class (an unexcused absence) and will do my best to have you removed from the course for the rest of the semester.
3. No open lap-top or other computers are allowed in class without my prior permission. Devices such as tablets, Ipads, Kindles, Kobos, and Nooks that lie flat on the desk and on to which the readings can be loaded are permitted if approved by me, but hard copies of the readings are better. You can mark them up and take notes on them in class.
4. Be sure to check your Marymount email address regularly! This is Marymount’s and my principal way of contacting you with important information. Perhaps you rely mostly on Yahoo, gmail, or some other provider, but check your @marymount.edu mail daily to make sure you do not miss school information.
These rules are necessary to foster a suitable learning environment in the classroom during class. There are enough distractions with lawnmowers, air conditioners, and other outside forces to combat during lectures and discussions without these controllable distractions within the room.