School of Arts and Sciences 2017-18
COURSE
SYLLABUS
Course Number POL 335-A |
Course
Title American
Constitutional Law I |
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Fall Semester
XXX |
Spring
Semester |
Summer
Semester |
Credit
Hours 3 |
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Name
of Instructor William Miller |
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Meeting
Day, Time, and Room Number |
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Final
Exam Day, Time, and Room Number December 12th, 3:00pm, Rowley
G206
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Office
Hours, Location, Phone Always email
ahead of time! Tuesdays and Fridays, 12:00 to 2:00pm;
Wednesdays by appointment; Ireton G107; 703-284-1687 |
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E-mail and Web Site wmiller@marymount.edu
Email is always the best way to reach me! www.millerpolitics.com All
announcements and assignments are posted on this web site, never on Canvas. |
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Course
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. |
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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. Items submitted for this course may be submitted to TurnItIn.com for
analysis.
STUDENT COPYRIGHT INFORMATION
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.
ACCOMMODATIONS AND
ACCESSIBILITY CONCERNS
Please address any special challenges or needs with the instructor at
the beginning of the semester. Students seeking accommodations for a disability
must complete the required steps for obtaining a Faculty Contact Sheet from the
Office of Student Access Services (SAS). Students are then responsible for
meeting with their instructors at the beginning of the semester to review and
sign the Faculty Contact Sheet and develop a specific plan for providing the
accommodations listed. Accommodations cannot be granted to students who fail
to follow this process. Appointments with the SAS director can be scheduled
through the Starfish "Success Network" tab in Canvas. For more
information, check the SAS website, e-mail access@marymount.edu, or call 703-284-1538 to reach the SAS
director or an academic support coordinator.
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 Division of
Student Affairs can send out an Emergency Notification. To initiate an
Emergency Notification, students should contact the Division of Student Affairs 703-284-1615 or student.affairs@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 Division of Student Affairs as arrangements are made
to resolve the absence.
For
non-emergency absences, students should inform
their instructors directly.
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 confidentially.
UNIVERSITY POLICY ON WEATHER AND EMERGENCY
CLOSINGS
Weather
and Emergency closings are announced on Marymount’s web site: www.marymount.edu, 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., Canvas) for information on
course work during periods in which the University is closed.
1. BROAD PURPOSE OF COURSE
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: Upon
successful completion of this course students will be expected:
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
Student briefing and discussion of court opinions and lectures by
the instructor.
4. GRADING POLICY
Friday, September 29, 2017, is the last day to withdraw from a class without academic
record.
Friday,
November 3, 2017, is the last day to withdraw from a class with a grade of W.
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
30% = Final exam grade
20% = Class assignments (which include answering questions in
class and participating in class discussions), quizzes, briefs, written
assignments
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 whatever 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 documented,
unless I indicate otherwise. Excused absences are typically medical-, legal-,
or job-related excuses. Acceptable documentation typically consists of a
statement or form on official stationery (1) signed by a third party (doctor, police,
judge, supervisor—not a parent or family member!) that (2) refers specifically
to the day of absence from class and (3) the reason for the absence.
Occasionally coming to class late—even really late once or
twice—is not considered an absence. Coming to class
without hard copies of the text for the day, leaving the classroom for most of
the class-time, or leaving class early without the prior permission of the
instructor, however, is considered an unexcused 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.
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 legal or employment
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. Travel plans will
never excuse an absence. Parental or family notes do not constitute proper documentation. 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
This schedule is approximate and subject to revisions, but I will
try to keep the exam dates the same as listed below. The assignments will be from
this web site, from the Primer on
American Courts, from the cases on the “Constitutional Law Case List” link,
and from handouts.
Week I (8/29-9/1) Tuesday: Introduction to course; outline of a Supreme
Court opinion; opinions from the 2016 term
Week II (9/5-8) History of Common Law Courts;
analyzing and briefing cases
Week III (9/12-15) History of
Common Law Courts and Jurisdiction; cases on jurisdiction
Week IV (9/19-22) Jurisdiction; cases on jurisdiction
and justiciability
Week V (9/26-29) Mid-term—Tuesday;
Litigation Process
Friday,
September 29, 2017, is the last day to withdraw from a class without academic
record.
Week VI (10/3-6) Litigation Process cases
Week VII (10/13) Litigation Process cases
Week VIII (10/17-20) Trial and Appellate
procedure; cases
Week IX (10/24-27) Trial and Appellate courts; cases
Week X (10/31-11/3) Analyzing
cases; Mid-term—Friday
Friday, November
3, 2017, is the last day to withdraw from a class with a grade of “W”.
Week XI (11/7-10) Cases on
National Government Powers
Week XII (11/14-17) Cases on
Treaties and Executive Powers
Week XIII (11/21) Cases on the Fourteenth amendment
Week XIV (11/28-12/1) Cases on the
Commerce Clause
Week XV (12/5-8) Cases on the
Dormant Commerce Clause
The final exam will be given only at the
date and time prescribed by the University Final Exam Schedule: Tuesday,
December 12th, 3:00pm. All mid-term exam make-ups will be given only
on the same day before or after the final exam. If this final exam time
conflicts with another final exam on your schedule, talk with me immediately. Make
your travel plans accordingly!
6. REQUIRED
TEXT
William Miller. A Primer on
American Courts. Routledge, 2005.
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 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, 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