Approved by University Studies Sub-Committee February 8, 2006

Approved by University Studies Sub-Committee February 8, 2006. A2C2 action pending

Approved by Faculty Senate March 6, 2006

Revised Flag Proposal for History 488

Catalogue Description

488 - American Constitutional History-3 S.H.

A study of the origins, growth and development of the United States Constitution, the role and power of the Supreme Court, and judicial theory in the context of American political, social, cultural and economic history. The class develops the students’ ability to express their ideas clearly in written form through critical analysis papers. Prerequisite: HIST 150 or HIST 151 or instructor's permission. Grade only.

General Course Information

History 488, American Constitutional History, is a writing flag course in the University Studies Program. The course requires students to examine the development of American Constitutional legal institutions and doctrine, and to apply critical thinking to a writing project addressing a current constitutional controversy. Students will learn how the Supreme Court has addressed the issues of constitutionalism, federalism, divided powers, civil rights and other concerns in the context of social, economic, cultural and political change. Students will select a current constitutional controversy, examine its history, and using historical primary and secondary sources, write a 15-20 page issue paper as their final project in the course.

As a writing flag course, History 488, American Constitutional History, is taught in a section of a maximum of 20 students that allows for clear and close professor-student interaction, guidance, criteria and feedback. Each student must meet with the professor in the topic selection process, and must turn in throughout the semester a clear thesis statement, a bibliography of sources, and a rough draft at approximately week 12 for exchange between students. The professor provides a critique on the steps throughout the semester including regular feedback on student drafts of papers, and the student-critiqued drafts are reviewed by the professor. In addition, the students write three essay exams that require using the history of American Constitutional development to answer the questions.

Writing Flag courses must include requirements and learning activities that promote student abilities to:

a) practice the process and procedures for creating and completing successful writing in their fields;

b) understand the main features and uses of writing in their fields;

c) adapt their writing to the general expectations of readers in their fields;

d) make use of the technologies commonly used for research and writing in their fields; and

e) learn the conventions of evidence, format, usage, and documentation in their fields.

Rationale

a) Students will practice the processes and procedures for creating and completing successful writing in their fields.

Students will practice the conventions of historical legal writing in this class. They will practice the customary research that writers use, examining the cases, primary sources, legal publications and historical analyses about a constitutional controversy of their choice. They will learn to use legal citation format appropriately and will produce a scholarly critical paper on that constitutional issue.

b) Students will understand the main features and uses of writing in their fields.

Students will learn the main features and uses of constitutional historical writing by reading both constitutional cases and critical analysis and writing in the field. The constitutional scholars emphasize the nature of constitutional criticism, as well as the nature of critical argument and assessment.

c) Students will adapt their writing to the general expectation in their fields.

In the writing of their constitutional critique papers and in their essay exams, students will learn to write in a logical, concise and critical fashion while telling a good historical story. The class work and the writing exercises will require the students to look analytically at their sources and make their writing choices concise and accurate. In addition, the use of a critical paper allows the students room for individual interpretation using clear analysis essential for a meaning historical work.

d) Students will make use of the technologies commonly used for research and writing in their fields.

Students will gain familiarity with the substantial and growing body of primary and secondary materials available in the library and by using internet resources. They will use various technologies to search for primary and secondary documents on their chosen subjects, learn to discern the most critically accurate sources, and procure for usage the most relevant primary and secondary materials on their subject.

e) Students will learn the conventions of evidence, format, usage and documentation in their fields.

Student will learn the conventions of evidence, format, usage, documentation, and critical analysis of historical/constitutional analysis and writing by applying the techniques discussed in this class. The papers will require the students to use standard academic formats, and that their analysis and conclusions be documented by the primary source material researched. The students will conclude the course with a clear understanding of the style and critical analysis necessary to write a successful and competent constitutional paper.

American Constitutional History

History 488.01

Monday/Wednesday/Friday 1100-1150AM

Minné 235

Course Syllabus

Professor: Kurt Hohenstein

Office: Minné 209

Office Hours: Mondays & Wednesdays, 1-300 pm, or by appointment.

Email:

Phone: Office 507-457-5411, Home 507-689-0657

Course Description and Student Learning Goals: This course is intended to give students a basic knowledge of American constitutional history. Constitutional history is an important part of the broader scope of American political history, and the disputes about the meaning of the constitution shaped how the Supreme Court responded to political, social, cultural and economic disputes. The constitution established our federal structure of government, but did not resolve all the issues related to separation of powers and the struggle for supremacy within the national government. Neither did it resolve the conundrum of American federalism and the relationship between national and state powers. Finally, it left open to vast interpretation issues over the power of government to regulate capitalism, disputes about private property rights and public policy, and issues concerning economic and civil liberties of individuals and groups. The constitutional history we study will involve examining major cases decided by the Court, but only within the context of the major political, economic, social, and cultural events of US history, and with special focus on the role of the Constitution and the Supreme Court as one branch of judicial arbitration in a wide assortment of ongoing debates involving those questions.

By the end of this course, you will have

1. a working knowledge of the US Constitutional structure and operation;

2. be able to understand the complexity of constitutional law and process without being overwhelmed by it;

3. be able to relate that history to continuing controversies; and

4. be able to articulate those ideas verbally and in writing by:

a. Examining primary sources, secondary sources and legal criticism and analyze them for context and content;

b. Learn about the nature and type of Constitutional critical writing and determine the elements of good constitutional critique;

c. Write and rewrite a critical constitutional paper on a controversy of your choosing;

d. Use proper format and citations for primary and secondary sources;

e. Learn critiquing skills by reviewing and making constructive comments on a classmate’s draft paper; and

f. Sharpen your skills writing critical analytical prose in concluding your project.

Catalogue Description

488 - American Constitutional History-3 S.H.

University Studies Writing Flag Information

As a writing flag course, History 488, American Constitutional History, is taught in a section of a maximum of 20 students that allows for clear and close professor-student interaction, guidance, criteria and feedback. Each student must meet with the professor in the topic selection process, and must turn in throughout the semester a clear thesis statement, a bibliography of sources, drafts of papers to be critiqued by the professor, and a rough final draft at approximately week 12 for exchange between students. The final paper will be due to the professor after all drafts have been reviewed and changes made by each student completed. The professor provides a critique on the papers and steps throughout the semester, and the student-critiqued drafts are reviewed by the professor. In addition, the students write three essay exams that require using the history of American Constitutional development to answer the questions. The professor will also provide a critique of the short essay questions intended to explain and assist in the learning of historical writing techniques and practices.

Writing Flag courses must include requirements and learning activities that promote student abilities to:

f) practice the process and procedures for creating and completing successful writing in their fields;

g) understand the main features and uses of writing in their fields;

h) adapt their writing to the general expectations of readers in their fields;

i) make use of the technologies commonly used for research and writing in their fields; and

j) learn the conventions of evidence, format, usage, and documentation in their fields.

Required Readings:

Urofsky, A March of Liberty, Volume I and II

Irons, A People’s History of the Supreme Court

** Cases and Readings will also be used and will be available on the Course Website found at

URL: http://course1.winona.edu/khohenstein/USConstitutionalHistory/

or on Blackboard as announced in class**

You are required to read all of the books and the material assigned for the class. We will use the books in class discussion. All of the books can be purchased from the Winona State University bookstore, or you may purchase them online, but be sure to obtain the correct edition if you buy them online.

Selected Primary Source Readings (Blackboard and Class Webpage): The selected primary source readings will supplement the course-book, and will be on Blackboard or on the Class webpage as they are needed during class. You are responsible for keeping up with and being prepared to discuss the readings.

Readings and Class Participation: While this is a comprehensive course on American Constitutional history and there will be regular lectures each week, much of the class will be devoted to in-class discussion of the readings and primary sources assigned. I expect each of you to offer your thoughts, comments and questions about the readings, with discussions intended to examine the general themes, and to broaden our understanding of the materials, concepts and history we will be learning. We will use the material to uncover the ideas and themes present in the events surrounding the making of the US Constitution and its interpretation and to relate those events, where appropriate, to current events and themes. To that end, you must read the assigned material and primary sources before the lecture and discussion scheduled each week in order to make an effective contribution. Verbal expression is essential to academic education, and while we will not embarrass any student, it is essential that you willingly participate in classroom discussions.

Blackboard: Each week, I will communicate with you about the readings, suggesting ideas on which to focus. You are responsible for monitoring the class Blackboard page and keeping up to date on the suggestions, assignments and class notices. All class communication and assignments will be posted to the Blackboard class page for History 488.

Attendance Policy: You are expected to commit to this class, as you would with any other important activity. While some absences are expected, you should notify the instructor (in person or by email) before the absence. Excessive unexcused absences (more than two) make it impossible to do well in this course, and will result in substantial grade reductions.

Grades: While mastering the material and gaining knowledge of the ideas, people and events that shape American legal history is the purpose of the class, grades will nonetheless be assigned as follows: (500 Total Points)

1 .Midterm Exam # 1: 100 Points

2. Midterm Exam #2: 100 Points

2. Final Exam: 100 points

Writing Flag Requirements and Expected Outcomes: [The class develops the students’ ability to express their ideas clearly in written form through critical analysis papers]

3. [1] critical essay [15-20 pages] on a topic [of your choosing] related to a current constitutional controversy. Dates for completing of the project will be established in the syllabus to include submission of a thesis statement and source summary: 100 points

[No extension of the final paper deadline will be granted except in extraordinary circumstances and only with approval of the Professor before the deadline.]

4. Class Discussion: 100 points

Total Point Breakdown

A=500-450 B=449-400 C=399-350 D=349-300 F=299-0

No make up exams will be offered except in the event of a documented medical or personal emergency. Late exams will not be accepted without prior permission from the instructor. Special accommodations for test taking should follow the student handbook guidelines, and you must notify the instructor as soon as possible to advise him of any special conditions. Failure to complete any required assignment or exam will result in an “F” for the course.

Honor Policy: You are expected to follow the honor policy as set out in the student handbook. Follow all the plagiarism policies in the handbook for all papers. When in doubt about any policy, contact the instructor for advice.

Class Webpage: Constitutional sources such as the Oyez Project will be linked to the class webpage. Occasionally, you will be assigned the task of using sources on the webpage to supplement your class work. For the most part, the webpage is intended to offer additional sources and material to allow you to take full advantage of the vast amount of constitutional history available to students of the US constitution.