POLS 4425/CRJU 3420 Constitutional Law Spring 2013 Course Syllabus CRN 25492 (POLS 4425), CRN 26215 (CRJU 3420) 3 semester credit hours (Prequisite: POLS 1101) Mon., Wed., 6:30 - 7:45 p.m. U 267 Professor Sean Mattie, Ph.D. Office: NBS Bldg, Room 101 Office Hours: Monday and Wednesday, 9 – 11 a.m.; 5:15 – 6;15 p.m. or by appointment Email: [email protected] [Note: When emailing, a student must use his or her CSU account only (no off-campus account), or else no reply] Telephone: 678-466-4801 Course Overview This course is an examination of the U.S. Constitution and Supreme Court cases that interpret the Constitution, focusing on the extent and limit of the powers of Congress, of the President, the federal judiciary, and the state governments., The course also considers theories of constitutional interpretation, as well as the basis for and controversy about judicial review. Textbook and Readings th O’Brien, Constitutional Law and Politics, 8 edition, Volume I (Norton, 2013, ISBN 978-0-39393549-3) Occasional primary source documents (indicated by * on the syllabus schedule, and located in ‘Documents’ module in Desire2Learn, [which is accessed through the SWAN login page]) Learning Outcomes The course intends for students to understand: the Constitution; the authority and procedure of the U.S. Supreme Court; case law defining the federal and state governments in their powers. See also the general Political Science learning outcomes. Graded Assignments First in-class examination, during semester [100 possible points] Paper [150 possible points] Third examination, during finals period [100 possible points] Course Grade (as Total Points Earned) 350-315 = A; 314-279 = B; 278-243 = C; 242-207 = D; 206 or less: F NOTE 1: If you are absent for the first exam on its scheduled date, the professor allows you to make it up. The make-up period will be during the session of the final exam. NOTE 2: Excellent class participation (comments and questions demonstrating that a student has read class material carefully and has thought about it seriously) may prompt the professor to raise a student’s course grade by as much as a letter. 1 Attendance, Absence, Lateness The professor expects you to attend all sessions, and calls the roll at the beginning of each session. If you arrive late—i.e., if you are not present at roll call—you are considered absent. You are allowed 3 absences. No excuses are necessary. For each absence beyond 3, your course grade is lowered by 5%, or one half a letter-grade. No excuses are accepted. Note also the Clayton State University Attendance Policy: Students are expected to attend and participate in every class meeting. Instructors establish specific policies relating to absences in their courses and communicate these policies to the students through the course syllabi. Individual instructors, based upon the nature of the course, determine what effect excused and unexcused absences have in determining grades and upon students’ ability to remain enrolled in their courses. The university reserves the right to determine that excessive absences, whether justified or not, are sufficient cause for institutional withdrawals or failing grades. “Mid-Term” Progress Report Each student will receive a “mid-term” grade (based on graded assignments to date) prior to March 1, the last day by which to withdraw from the course with a “W” grade. Students pursuing this option must withdraw on-line using the SWAN, or fill out an official withdrawal form, available in the Office of the Registrar. Instructions for withdrawing are provided at this link. Classroom Conduct and Civility For the professor to teach and students to learn effectively, it requires both ethical behavior by the individual student and a civil, respectful environment in the classroom. As a Clayton State University student, you are responsible for reading, understanding, and abiding by the Clayton State University Student Code of Conduct, which addresses plagiarism, disruptiveness, and other offenses. Please see General Policy Students must abide by policies in the Clayton State University Student Handbook, and the Basic Undergraduate Student Responsibilities. In particular, please observe the following during class sessions: If you come to class late, please use the door nearest the stairs, and take the closest seat in the back row. Do NOT walk in front of the class to go to your seat; this is distracting and discourteous. If you must leave early, please inform the professor before class begins. When in class, give it your undivided attention. You should not talk as the professor is teaching the material. However, the professor would be more than happy to receive your comments and questions when you raise your hand. Please turn off and stow all electronics for the duration of each session; neither phone calls nor text messaging is allowed. Computer Policy and Related Requirements University policy requires that all students have access to a computer, in particular a notebook computer. Please contact the HUB to have your computer set up with sufficient software for coursework, internet access, and emailing. NOTE: The professor reserves the right to prohibit a student from using his or her notebook computer in class if such use becomes distracting to others. Disability Accommodations Individuals with disabilities who need to request accommodations should contact the Disability Services Coordinator, Student Center 255, 678-466-5445, [email protected]. 2 Topics and Readings (tentative) WEEK ONE 1/7 Introduction 1/9 The Constitution: Document and Principles Reading: Constitutional Law and Politics, pages 1-12 (the U.S. Constitution) WEEK TWO 1/14, 1/16 The Constitution: Document and Principles Reading: Constitutional Law and Politics, pages 1-12 (the U.S. Constitution) WEEK THREE 1/21 [no session – MLK holiday] 1/23 The Constitution: Document and Principles Reading: Constitutional Law and Politics, pages 1-12 (the U.S. Constitution) WEEK FOUR 1/28, 1/30 The Federal Judiciary under the Constitution Reading: Constitutional Law and Politics, pages 100-229; also, review U.S. Constitution, Article III WEEK FIVE 2/4, 2/6 The Federal Judiciary under the Constitution Reading: Constitutional Law and Politics, pages 100-229; also, review U.S. Constitution, Article III WEEK SIX 2/11, 2/13 The Controversy of Judicial Review and Constitutional Interpretation Reading: Constitutional Law and Politics, pages 23-38; 45-55; 63-95 WEEK SEVEN 2/18 Examination 1 2/20 Presidency: Power in Foreign Affairs Reading: Constitutional Law and Politics, pages 230-273 WEEK EIGHT 2/25, 2/27 Presidency: Power in Making War Reading: Reading: Constitutional Law and Politics, pages 273-306 WEEK NINE: SPRING BREAK (3/4, 3/6) 3 WEEK TEN 3/11, 3/13 Presidency: Power in Making War Reading: Constitutional Law and Politics, pages 307-336 WEEK ELEVEN 3/18, 3/20 Presidency: Power over Executive Officials Reading: Reading: Constitutional Law and Politics, pages 380-425 WEEK TWELVE 3/25, 3/27 Congress: Its Power to Regulate (Pt. 1) Reading: Constitutional Law and Politics, pages 568-573 (Gibbons v. Ogden); 434-439 (Schechter v. U.S.) WEEK THIRTEEN 4/1, 4/3 Congress: Its Power to Regulate (Pt. 2) Reading: Constitutional Law and Politics, pages 568-573 (Gibbons v. Ogden); Examples of federal legislation about federal territories*; Mormon Church v. U.S.* WEEK FOURTEEN 4/8, 4/10 Congress: Its Power to Regulate (Pt. 3) Reading: Constitutional Law and Politics, pages 425-441; Mistretta v. U.S.* Paper Due Friday 4/12 WEEK FIFTEEN 4/15, 4/22 Congress: Interstate Commerce and Its Limits Reading: Constitutional Law and Politics, pages 573-630 WEEK SIXTEEN 4/22, 4/24 State Governmental Power (Federalism) Reading: Constitutional Law and Politics, pages 656-665 (Gonzales v. Raich); 763-773 WEEK SEVENTEEN 4/29 State Governmental Power (Federalism) Reading: Constitutional Law and Politics, pages 656-665 (Gonzales v. Raich); 763-773 Third (“Final”) Exam will be on Wednesday, May 1, 5:00 - 7:00 p.m. — 4
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