PLA 3885 – U.S. Constitutional Law
SYLLABUS
Fall 2017
3 Credit Hours
Tuesday, 7pm – 9:40pm, Room SS 160/Courtroom Clearwater Campus
INSTRUCTOR
Dr. Ian M. Banks
Location: SS 175 Clearwater Campus
Office Phone Number: (727) 791-2483
E-Mail Address:
CATALOG DESCRIPTION
Prerequisite: PLA 2114 or permission of the program director. The course is developed both topically and historically to approach the judicial review process, the doctrine of implied powers, the three branches of power, substantive due process along with equal protection, civil rights, free speech and religion.
REQUIRED TEXTS
John D. DeLeo, Jr., The Student’s Guide to Understanding Constitutional Law
ISBN: 1-4018-5239-4
ATTENDANCE POLICY
Attendance is expected and is essential for the successful completion of this course. Two late arrivals or early departures will count as an absence. If you have missed a class, you may make up your attendance points by contacting the professor and request to be given a make-up assignment. After 3 absences, you may be given a Withdrawal (W) or Failure (F) grade at the instructor’s discretion. At a minimum, if you have 4 or more weeks with 0 points under your participation grade, your grade will be greatly reduced.
It is always your responsibility to determine what material was covered in your absence. Illness or emergencies must be reported directly to the instructor and written evidence may be required.
Occasionally things happen that cause the Professor to be late to class. Class cancellations and late arrivals are very rare and I make every attempt to advise you as early as possible if a class is cancelled or I will be late.
Always check MyCourses on the day that the class is scheduled to meet.
The last day to withdraw with a grade of “W” is October 19, 2017. A student who withdraws or is withdrawn after this date will be assigned a grade of “F” or “WF”. Withdrawing from the course anytime outside of the Drop/Add period will result in your having to pay for the course. I strongly advise that you speak with the Professor prior to making the decision to withdraw as you may be able to avoid withdrawing.
MAJOR LEARNING OBJECTIVES
1. The student will demonstrate an understanding of the three branches of government as outlined in the U.S. Constitution.
2. The student will demonstrate an understanding of the federal system and powers.
3. The student will demonstrate an understanding of state police powers and their limitations.
4. The student will demonstrate an understanding of an individual’s constitutional guarantees against governmental and private action.
5. The student will demonstrate an understanding of the freedoms guaranteed by the first amendment to the U.S. Constitution.
COURSE OBJECTIVES STATED IN PERFORMANCE TERMS
1. The student will demonstrate an understanding of the three branches of government as outlined in the U.S. Constitution by:
a. identifying and describing the jurisdiction, powers and limitations of the federal branch of the judiciary;
b. identifying and describing the enumerated and implied powers and limits of the federal legislative branch (i.e., the commerce clause, war powers, etc.); and
c. identifying and describing the powers and privileges of the federal executive branch.
2. The student will demonstrate an understanding of the federal system and powers by explaining the principles of the privileges and immunities clause, intergovernmental tax and regulation immunities, and inter-sovereign litigation.
3. The student will demonstrate an understanding of state police powers and their limitations by:
a. describing the power of states to regulate intrastate commerce.
b. describing the limits on a state to regulate interstate commerce and to engage in economic isolationism.
c. defining when a state may engage in discriminatory behavior.
d. describing the limits of state power to tax interstate commerce.
4. The student will demonstrate an understanding of an individual’s constitutional guarantees against governmental and private action by:
a. explaining constitutional restrictions on the power of the government over individuals.
b. defining and explaining the state action requirement for finding a constitutional rights violation.
c. defining and explaining concepts of retroactive legislation, the contracts clause, ex post facto laws, and bills of attainder.
d. describing the right of procedural due process and access to the courts.
e. describing the right to substantive due process and standards of judicial review.
f. describing the takings clause.
g. identifying and explaining equal protection and the three standards of scrutiny (strict, intermediate, and rational basis).
5. The student will demonstrate an understanding of the freedoms guaranteed by the first amendment and other fundamental rights guaranteed by the U.S. Constitution by:
a. identifying and defining prior restraints, content-neutral, and content-based speech restrictions.
b. discussing the scope of speech and freedom of the press.
c. describing the right to freedom of association and belief.
d. defining and discussing the free exercise clause and the establishment clause.
e. discussing the right to vote, right to travel, and right of privacy.
COURSE REQUIREMENTS
1. You are expected to read, understand, and keep up with the textbook reading assignments throughout the semester.
2. You should read the assigned chapters prior to class and be prepared to discuss the materials in class and ask any questions.
3. There will be a mid-term exam. The final exam will cover all materials covered throughout the semester.
“CONSTITUTIONAL THEATER”
During the semester, we will have an on-going contest which everyone must participate in. In the weeks we perform, each student will have an opportunity to play various roles. The following roles will be available:
1. the “honest but level-headed” moderate judge
2. the “sweet and supportive” easy judge
3. the “right-wing and ruthless” conservative judge
4. the “left-wing and ruthless” liberal judge
5. the petitioner
6. the respondent
7. the facts broker
The purpose of these exercises is simple. Learn to represent your position, whatever it may be. Even judges take a stance on a case early on depending on their ideology. In stating your position before the judges, any given party has to express why the judges should rule in their favor. Any given role needs to always consider the future of the issue to be decided. You are attempting to promote suitable precedent to be relied on by future cases and parties. What is considered “suitable” precedent is different for everyone based upon their respective interpretation of the laws.
The procedure is as follows for judges:
1. Read the case to be argued.
2. Be open-minded to the arguments that will be presented from both parties.
3. You and your panel will be deciding the case regardless of what the Supreme Court
found based on the parties arguments.
4. Be prepared to ask three questions from each party in which will assist you in making
your decision on the facts and arguments presented. (Prepare 4-5 questions in the event
another judge has the same question).
The procedure is as follows for parties:
1. Read the case to be argued.
2. Determine how you are going to convince the judges of your position.
3. Be prepared to present your argument orally. Know your case well enough to be able to
answer the judges questions. Anticipate what they may ask you concerning your
position.
4. Always consider what the other side would argue.
Here are the rules. The facts broker will start off with a brief recitation of the facts of the case, the procedural history, and the issue before the court today.
1. Petitioner will have 5 minutes to plead his/her case to the judges.
2. The judges each have an opportunity to ask 3 questions each with a 1 minute or less response from the petitioner.
3. Then the respondent will follow the same procedure…. 5 minutes to plead, with 3 questions each from the judges.
4. The judges will then converse for a few minutes and
decide his/her position and announce it to the parties.
5. Each exercise should take no longer than 20 minutes. I will have a stopwatch. You will be cut off if you go over the time.
7. I WILL EXPLAIN AND DISCUSS THIS IN FURTHER DETAIL ON DAY 1 OF CLASS. J
COURSE CALENDAR
Week Date Topics Covered In Class Text Reading
1 8/15 Discuss Course Content, Policies, and Procedures
Discuss Con Law Theater and Florida Constitution
2 8/22 Discuss Chapter 1 The Articles of Confederation pp 1-8
Discuss the text of the Preamble of the Constitution
3 8/29 Discuss Chapter 2 The Legislative Branch pp 9-18
Clinton v. City of New York, 524 U.S. 417 (1988)
**Constitutional Theater**
3-1 South Dakota v. Dole, 483 U.S. 203 (1987)
3-2 U.S. v. Lopez, 514 U.S. 549 (1995)
3-3 U.S. v. Morrison, 529 U.S. 598 (2000)
4 9/5 Discuss Chapter 3 The Executive Branch pp 19-38
Bush v. Gore, 531 U.S. 98 (2000)
Clinton v Jones, 520 U.S. 681 (1997)
U.S. v. Curtiss-Wright Export Corporation, 299 U.S. 304 (1936)
**Constitutional Theater **
4-1 Toyosaburo Korematsu v. U.S., 323 U.S. 214 (1944)
4-2 Haig v. Agee, 453 U.S. 280 (1981)
4-3 Hamdan v. Rumsfeld, 548 U.S. 557 (2006)
5 9/12 Discuss Chapter 4 The Judicial Branch pp 39-55
Marbury v. Madison (1803) Locate & Read
Baker v. Carr (1962) Locate & Read
**Constitutional Theater **
5-1 Nguyen v. U.S., 539 U.S. 69 (2003)
5-2 District of Columbia v. Heller, 554 U.S. 570 (2008)
5-3 Ragsdale v. Wolverine World Wide, Inc, 535 U.S. 81 (2002)
6 9/19 Discuss Chapter 5 Federalism pp 56-76
McCulloch v. Maryland (1819) Locate & Read
Dred Scott v. Sanford (1857) Locate & Read
Hammer v. Dagenhart (1918) Locate & Read
Schenck v. U.S. (1919) Locate & Read
**Constitutional Theater **
6-1 Gonzales v. Raich, 545 U.S. 1 (2005)
6-2 City of Burbank v. Lockheed Air Terminal Inc., 411 U.S. 624 (1973)
6-3 Kimel v. FL Board of Regents, 528 U.S. 62 (2000)
7 9/26 Discuss Chapter 6 Commerce Power pp 77-91
U.S. v. Lopez, 514 U.S. 549 (1995)
Discuss Chapter 7 Guarantees and Protections of Rights pp 92-105
8 10/3 NO FACE TO FACE CLASS THIS WEEK:
ONLINE MIDTERM EXAM due on MyCourses on 10/8 by 11:30pm
9 10/10 Discuss Chapter 8 The Constitution, the Three Components of pp 106-145
Madisonian Democracy and Criminal Justice
Miranda v. Arizona (1966) Locate & Read
Furman v. Georgia (1972) Locate & Read
**Constitutional Theater **
9-1 Fellers v. U.S., 540 U.S. 519 (2004)
9-2 McNeil v. Wisconsin, 501 U.S. 171 (1991)
9-3 Chandler v. Miller, 520 U.S. 305 (1997)
PLEASE NOTE: The last day to withdraw with a grade of “W” is October 19, 2017
10 10/17 Discuss Chapter 9 Due Process pp 146-163
Discuss Chapter 11 Equal Protection pp 182-204
Bowers v. Hardwick, 478 U.S. 186 (1986)
Lawrence v. Texas, 539 U.S. 558 (2003)
**Constitutional Theater **
10-1 Mississippi University for Women v. Hogan, 458 U.S. 718 (1982)
10-2 Schuette v. Coalition to Defend Affirmative Action, 134 S.Ct. 1623 (2014)
10-3 Cleveland Bd. of Educ. v. LaFleur, 414 U.S. 632 (1974)
11 11/24 Discuss Chapter 10 Privacy, Abortion, End-of-Life Decisions pp 164-181
**Constitutional Theater **
11-1 Gonzales v. Carhart, 550 U.S. 124 (2007)
11-2 Gonzales v. Oregon, 546 U.S. 243 (2006)
11-3 Sell v. U.S., 539 U.S. 166 (2003)
12 10/31 ALL COLLEGE DAY
NO FACE TO FACE CLASS THIS WEEK:
CONSTITUTION PROJECT DUE ON 10/31
PLEASE POST ON MyCourses by 11:30PM.
13 11/7 Discuss Chapter 12 First Amendment Rights pp 205-231
Lemon v. Kurtzman, 403 U.S. 602 (1971) Locate & Read
Broadrick v. Oklahoma, 413 U.S. 601 (1973) Locate & Read
United States v. O’Brien, 391 U.S. 367 (1968) Locate & Read
**Constitutional Theater **
13-1 Boy Scouts of America v. Dale, 530 U.S. 640 (2000)
13-2 Texas v. Johnson, 491 U.S. 397 (1989)
13-3 Tinker v. Des Moines Independent Comm. School Dist., 393 U.S. 503 (1969)
14 11/14 Discuss Chapter 12 First Amendment Rights (cont.) pp 205-231
**Constitutional Theater**
14-1 City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002)
14-2 Hill v. Colorado, 530 U.S. 703 (2000)
14-3 Town of Greece v. Galloway, 134 S.Ct. 1811 (2014)
11/21 NO FACE TO FACE CLASS THIS WEEK: NATIONAL TURKEY WEEK
15 11/28 Guest Speaker
Exam Review
16 12/5 NO FACE TO FACE CLASS THIS WEEK
ONLINE FINAL EXAM OPENS Wednesday, 11/29
DUE Sunday, 12/3 - PLEASE POST ON MyCourses by 11:30PM.
I reserve the right to alter this syllabus and the assignments and assignment due dates as circumstances warrant. You will, however, receive reasonable notice of any such changes.
GRADING
Assignments are due at the start of class on the dates specified unless they are to be turned in through MyCourses. Assignments will not be accepted late without a documented excused absence. 20% of earned points will be deducted for late assignments. You have two weeks from the time an assignment is due to make it up. If you do not, you have lost your opportunity with prejudice. Please note that I will not grade assignments that are emailed outside of MyCourses.
Your grade is based upon an accumulation of points. The points will be distributed as follows:
Assignment Total
Participation and Attendance 20%
Weekly Assignments/Constitutional Theater 25%
Midterm Project 10%
Midterm Exam 20%
Final Exam 25%
Total 100%
Grades will be based upon the following scale:
A = 100 - 90
B = 89 - 80
C = 79 - 70
D = 69 - 60
F = 59 - 0
INSTRUCTOR CONFERENCES
You are free to contact me to schedule an appointment for a conference. You can call me at my office phone number or send an e-mail. If I am not at the office, please leave a voice mail message. I check for messages on a regular basis. E-mail is often the best way to reach me. If you do not hear from me within 24 hours, please follow-up.
*I strongly prefer that you use MyCourses email to communicate with me.
If you do not receive a response to an email in MyCourses, you may email me at: . I strive to answer your emails as quickly as possible. Please note a couple of things about email:
1. I do not respond to every email. If you are informing me of something (as opposed to asking a question) and no response is necessary, I likely will not respond. Know that I read every email that I receive.