School of
Arts and
Sciences
COURSE SYLLABUS
|
Course Number POL/HI 333 |
Course
Title |
||
|
Fall Semester X |
Spring
Semester |
Summer
Semester |
Year 2010 |
|
Name
of Instructor William Miller |
|
||
|
Meeting
Day, Time, and Room Number Wednesday, 3:30pm, Gailhac Room
G204 |
|
||
|
Final
Exam Day, Time, and Room Number Wednesday, December 15th,
3:00pm, Gailhac G204 |
|
||
|
Office
Hours, Location, Phone Mondays, 5:00 to 6:00pm and after
class; Tuesdays and Fridays, 1:00 to 2:00 and after class; Wednesdays, 3:00
to 3:30pm and after class; other times by appointment. Rowley G223 (Rowley
62A), 703-284-1687. Always email ahead of time! |
|||
|
E-mail & Website wmiller@marymount.edu (email is the
best way to reach me!) www.millerpolitics.info
(all assignments and course announcements will be 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 advise the
instructor of any special problems or needs at the beginning of the
semester. If you seek accommodation
based on disabilities, you should provide a Faculty Contact Sheet obtained
through Disability Support Services located in Gerard Hall, (703) 284-1615.
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.
University
Policy on Snow Closings
Snow closings are
generally announced on area radio stations. For bulletins concerning Marymount
snow or weather closings, call (703) 526-6888. Unless otherwise advised by
radio announcement or by official bulletins on the number 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 snow closing or
delayed opening are not generally made before
1. BROAD
PURPOSE OF COURSE (Include the
catalog description)
The purpose of this course is to study the
evolution of several constitutional issues from the inception of the
Constitution in 1787 in Philadelphia to the present day. The course will focus
on key Supreme Court decisions and their historical settings.
2. COURSE
OBJECTIVES (For core
courses, include writing, critical reasoning, and information literacy as
appropriate)
Upon
successful completion of this course students will be expected to:
A. to demonstrate familiarity in oral and
written work with the principal doctrines and themes reflected in the United
States Constitution;
B. to demonstrate familiarity with the
development of several constitutional issues or themes as they developed in
United States history;
C. to recognize the leading cases decided by
the Supreme Court that reflected these constitutional issues and crises, the
historical background that gave rise to these cases, the Court's decisions and
rationales in these cases, and the immediate and long term effects of those
decisions on American history;
D. to be familiar with the sufficient source
material to conduct research in the historical and legal issues
surrounding selected Supreme Court decisions that reflect the constitutional
issues studied in this course.
3. TEACHING
METHOD (lecture, laboratory,
audio-visual, clinical experience, discussion, seminar, tutorial)
Lecture and class discussion.
4. GRADING
POLICY (i.e., number of graded
assignments, weight given to each)
The final grade will be composed of the
following parts:
Class Presentations 30%, Mid-term Exam 25%,
Final Exam 25%, Review-Essay 20% 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.
The class presentations will be short (two to
three pages) written accounts of Supreme Court cases, their historical
background, the legal issues that they presented, the Court's resolution of
those issues, and the rationale for the resolution. The number of presentations
will depend on the size of the class; I expect a minimum of three presentations
from each student in the course of the semester.
The review essay will be an 8 to 12 page
paper that reviews an approved book from a list of books to be made available
by the instructor and also provides additional research material to explain how
a particular Supreme Court case (1) reflected a critical response to existing historical,
political, and legal factors and (2) how the decision affected subsequent
historical, political, economic, and legal conditions in the country.
ATTENDANCE POLICY AND MAKE-UP
POLICIES
Attendance:
We meet only thirteen times this semester. Beginning with the second week of
classes, students are allowed one unexcused absence. For each additional
unexcused absence, the final grade will be lowered by three points. To be
excused, an absence must be explained to and approved by me before it
occurs. Note: Occasionally coming to class late—even real late once or twice—is
not considered an absence. Coming to class without the textbook 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, I (and they) salute you! Staying home may be the right thing
to do, but it is not an excused absence. You all get one unexcused absences to
use as you see fit, and it is your decision to use it 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 it for a good reason; that's
what it is for.
Excessive excused
absences may also be a problem, and 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 for more than a quarter of the
semester, 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 page 35 of the 2010-2011 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 on page 35 of the
2010-2011 University Catalogue.
Make-up Exams:
The same basic rules about excused absences apply to taking mid-terms (papers
are always due on the due date—no exceptions). 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 evening
if possible.
5. CLASS
SCHEDULE (List topics to be covered
with approximate dates of presentation)
(9/1) Week I:
Introduction to the course. Identification of primary
sources.
(9/8) Week II:
Background to the Philadelphia Convention. Political Thought in the Late 18th
Century. State Constitutions. Articles of Confederation.
Convention Notes: Farrand’s Records. Fundamental Constitutional Doctrines.
Assignment: Urofsky, chapters 3, 4, 5; Solberg,
chapters 1 & 2.
(9/15) Week III:
Madison's Notes: The proceedings of the convention through late June, 1787. Readings from Urofsky & Solberg.
(9/22) Week IV:
Madison's Notes: The July proceedings leading to the Report of the Committee of
Detail (July through August 6th). Readings from Urofsky and Solberg.
(9/29) Week V:
Madison's Notes: The Report of the Committee of Detail; the formation of the
presidency; the completion of the Constitution (August 6th to September 17th). The marking-up of the first draft of the constitution; the
development of the institution of the presidency in counterpoint to the
development of Congress. Readings from Urofsky and Solberg.
(10/6) Week VI: The Ratification Debates; the Bill of Rights;
Federalists v. Anti-federalists; the nationalism project. The
Supreme Court in the 1790s. Elliot's Debates, selections. Readings from Urofsky and Solberg.
(10/13) Week VII: MID-TERM EXAM (first half
of class; second half is intro to the rest of the semester.)
(10/20) Week VIII: The Early Court: Governmental Powers. Urofsky, chapter 10, and selected
cases; Garraty, chapter 1.
(10/27) Week IX:
Promoting Nationalism. Urofsky, chapter 11; Garraty, chapters 3 & 4.
(11/3) Week X:
Property Rights Old and New. Urofsky, chapters 12 & 14; Garraty, chapters
2 & 5. See also Michael Ariens's account and
Robertson, Lindsay G. 2000. "'A Mere Feigned Case': Rethinking the Fletcher v. Peck Conspiracy and Early Republican Legal Culture." Utah Law Review 2000 (spring): 249–65.
Read more: Fletcher v. Peck - Land, Legislature, Law, Marshall, Court, and Contract
(11/10) Week XI:
The Taney Court. Urofsky, chapter 16, and selected cases.
(11/17) Week XII: The Peculiar Institution. Urofsky, chapters 17 & 18; Garraty, chapter 6.
(12/1) Week XIII: Reconstruction. Urofsky, chapters 20-21; Garraty, chapter 7.
(12/8) Week XIV: Post-War civil Rights. Urofsky, chapter 22; Garraty, chapter 9.
The Final Exam will be given only at the time scheduled
on the University Final Exam Schedule: Wednesday, December 15th, at
3:00pm.
6. REQUIRED
TEXTS
John Garraty. Quarrels
that have Shaped the Constitution. Rev. ed. New
York: Perennial, 1989. ISBN 0-06-132084-6
Winton Solberg. The
Constitutional Convention and the Formation of the Union. 2d ed.
Chicago: University of Illinois Press, 1990. ISBN 0-252-06124-1
Melvin
Urofsky and Paul Finkelman. A March of Liberty. 2d ed. Vol. 1. New York:
Oxford University Press, 2002. ISBN 0-19-512635-8
7. REQUIRED
OR SUGGESTED
Benedict, Michael Lee. Sources
in American Constitutional History.
Currie, David P. The Constitution in the Supreme Court: The First Hundred Years, 1789-1888.
Dorf, Michael C. Constitutional Law
Stories. 2d ed.
Farber, Daniel A., and
Suzanna Sherry. A History of the American Constitution.
St. Paul: West Publishing Company, 1990.
Peltason, J.W. and Sue Davis. Corwin and Peltason's
Understanding the Constitution. 17th ed.
University Press of Kansas series on
“Landmark Law Cases and American Society.” Currently (2010) about fifty books
on famous American cases. http://www.kansaspress.ku.edu/printbyseries.html
Web sites (additional relevant sites are
linked on my web page):
Elliot's
Debates.
(Website is the Library of Congress “Thomas” website.) Elliot, Jonathan.
Debates in the Several State Conventions
on the Adoption of the Federal Constitution: as Recommended by the General
Convention at
Farrand's Records. (Website is the Library of Congress “Thomas” website.) Farrand, Max. The Records of the Federal Convention of 1787.
LexisOne or,
better, the LexisNexis Academic database in the Aladin
system.
Avalon
Project at Yale University Law School
1. Confederacy on Trial: The Piracy and Sequestration Cases of 1861. Mark A. Weitz. 2005. 224 pages. Cloth 978-0-7006-1385-4 $35.00 Paper 978-0-7006-1386-1 $15.95
2. Dred Scott and the Politics of Slavery. Earl M. Maltz. 2007. 184 pages. Cloth 978-0-7006-1502-5 $29.95. Paper 978-0-7006-1503-2 $15.95
3. Gibbons v. Ogden: John Marshall, Steamboats, and the Commerce Clause. Herbert A. Johnson. 2010. 216 pages. Cloth ISBN 978-0-7006-1733-3, $34.95. Paper ISBN 978-0-7006-1734-0, $17.95
4. Insular Cases and the Emergence of American Empire. Bartholomew H. Sparrow. 2006. 256 pages. Cloth 978-0-7006-1481-3 $35.00 (unjacketed). Paper 978-0-7006-1482-0 $16.95
5. Marbury v. Madison: The Origins and Legacy of Judicial Review. William E. Nelson. 2000. 160 pages. Paper 978-0-7006-1062-4 $14.95
6. M’Culloch v. Maryland: Securing a Nation. Mark R. Killenbeck. 2006. 232 pages. Cloth 978-0-7006-1472-1 $35.00 (unjacketed). Paper 978-0-7006-1473-8 $16.95
7. Reconstruction and Black Suffrage: Losing the Vote in Reese and Cruikshank. Robert M. Goldman. 2001. 192 pages. Paper 978-0-7006-1069-3 $14.95
8. Reconstruction Justice of Salmon P. Chase: In Re Turner and Texas v. White. Harold M. Hyman. 1997. 232 pages. Paper 978-0-7006-0835-5 $16.95
9. Slaughterhouse Cases: Regulation, Reconstruction, and the Fourteenth Amendment: Abridged Edition. Ronald M. Labbé and Jonathan Lurie. 2005. 200 pages. Paper 978-0-7006-1409-7 $15.95 Pamela Brandwein's Review.
10. Treason Trials of Aaron Burr. Peter Charles Hoffer. 2008. 224 pages. Cloth ISBN 978-0-7006-1591-9 $35.00. Paper ISBN 978-0-7006-1592-6 $16.95
Also:
11. Yazoo: Law and Politics in the New Republic: The Case of Fletcher v. Peck. C. Peter McGrath. Providence: Brown University Press, 1966. 243 pages. ISBN 0-608-18419-5. Available through WRLC.
12. John Marshall: Definer Of A Nation. Jean Edward Smith. New York: Henry Holt & Company, 1996.
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. Since most all of the readings in the course are not available for
download to Kindles, Kobos, and the like, those
devices are also not permitted. You must bring hard copies of the readings to
class so that you can mark them up and take notes.
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.