POLSC 303 Constitutional Law: Civil Rights and Civil Liberties
Department of Political Science
Allegheny College
Spring 2017
Brian M. Harward
Room 112, Quigley Hall
Office hours: MW 10:30 am -12:00 pm; 1:30-3:00 and by appt.
[email protected]
Course Description
Constitutional Law: Civil Rights and Civil Liberties is designed to introduce students to
constitutional interpretation in the area of civil rights and civil liberties. Its companion
course, Constitutional Law: Powers is not a prerequisite; nor is the Judicial Process course a
prerequisite. This course does, however, assume that students are familiar with the basic
structures and institutions of American government and the legal system in particular.
The primary focus of this course is on the U.S. Supreme Court’s interpretation of the
U.S. Constitution, including the development of constitutional doctrine in the areas of
religion, free speech, privacy, due process, and equal protection of the laws. The course will
also introduce students to theories of constitutional interpretation, and explore the effect of
the competing perspectives on case outcomes.
Course Requirements
Participation
Students are expected to have read all assigned materials prior to class and to be prepared to
contribute to class consideration of the assigned topics. Class participation is extremely
important. Regular attendance and thoughtful contributions to class discussions will warrant
an extra “boost” at the end of the term. I will try to keep lectures to a minimum so we can
all benefit from your contributions. The schedule of classes and assignments listed below
may change. As we proceed with the course we may decide to spend a bit more time with
particularly interesting topics.
Please leave your cell phones off or on vibrate so as to not disturb the class. Unless
there is an emergency to which you must respond, you should not use your cell phone in
class.
Course Accommodation
Students with disabilities who believe they may need accommodations in this class are
encouraged to contact Disability Services at (814)332-2898. Disability Services is part of the
Learning Commons and is located in Pelletier Library.
Exams
There will be two essay exams this semester: one mid-term and one final. There will be no
make-up exams without prior arrangement. Only students with medical emergencies may
schedule a make-up exam.
Short Essays
We will have several short assignments that explore specific questions raised in the course
material. Many of these will be in-class essays, though there may be some take home essays
assigned as well. For all take-home assignments, I request that you use APSA format (see
Sakai site for a style guide and sample formatting), Times New Roman font, and normal
margins. The plagiarism policies of this institution will apply to all of your written work
completed for this course.
Grading
Midterm Exam:
Final Exam:
Essays:
40%
40%
20%
Required Texts
Stephens, Otis H., John Scheb II, and Colin Glennon. 2015. American Constitutional Law,
Volume II: Civil Rights and Liberties, Stamford, CT: Cengage Learning.
Readings as assigned and distributed or made available on Sakai.
Course Schedule
Weeks 1 and 2
Introduction; Constitutional Interpretation
Readings: Stephens, Scheb, and Glennon: Chapter 1(pp. 2-28; 32-38)
In addition, please read and be prepared to discuss the following cases:
Marbury v. Madison (1803) (Sakai)
Eakin v. Raub (1825) (Sakai)
Martin v. Hunter’s Lessee (1816) (Sakai)
Ex Parte McCardle (1869) (Sakai)
Weeks 3 and 4
Equal Protection and Antidiscrimination
Readings: Stephens, Scheb, and Glennon: Chapter 7
In addition, please read and be prepared to discuss the following cases:
Civil Rights Cases (1883) (p. 51)
Plessy v. Ferguson (1896)
Sweatt v. Painter (1950)
Brown v. Board of Ed of Topeka, KS (1954)
Brown v. Board of Ed of Topeka, KS II (1955)
Shelley v. Kraemer (1948) (p. 55)
Burton v. Wilmington Parking Authority (1961) (Sakai)
Moose Lodge 107 v. Irvis (1972) (Sakai)
Cases we discuss may include, but may not be limited to:
Frontiero v. Richardson (1973)
Swann v. Charlotte-Mecklenberg Bd. of Ed. (1971)
Washington v. Davis (1976)
Parents Involved in Community Schools v. Seattle School Dist. 1 (2007)
Grutter v. Bollinger (2003)
Loving v. Virginia (1967)
United States v. Virginia (1996)
Romer v. Evans (1996)
U.S. v. Windsor (2013)
Strauder v. West Virginia (1880)
Goodridge v. Dept. of Public Health (2003)
Hollingsworth v. Perry (2013)
Regents of Univ. of California v. Bakke (1978)
Richmond v. J.A. Croson Co. (1989)
Adarand Constructors, Inc. v. Pena (1995)
Harper v. Virginia State Board of Elections (1966)
Dred Scott v. Sanford (1857)
Gaines v. Canada (1938)
Bolling v. Sharpe (1954)
US v. Carolene Products Co. (1938)
Korematsu v. U.S. (1944)
Yick Wo v. Hopkins (1886)
Buchanan v. Warley (1917)
Brentwood Academy v. Tennessee Secondary School Athletic Assn (2001)
Daniel v. Paul (1969)
Katzenbach v. McClung (1964)
Muller v. OR (1908)
Goesaert v. Cleary (1948)
Hoyt v. FL (1961)
Reed v. Reed (1971)
Craig v. Boren (1976)
Weeks 5 and 6
Elections, Representation, and Voting Rights
Readings: Stephens, Scheb, and Glennon: Chapter 8
In addition, please read and be prepared to discuss the following cases:
Smith v. Allwright (1944)
Gomillion v. Lightfoot (1962)
Reynolds v. Sims (1964)
Karcher v. Daggett (1983)
SC. v. Katzenbach (1966) (Sakai)
Shelby Co. v. Holder (2013)
Cases we discuss may include, but may not be limited to:
Baker v. Carr (1961)
U.S. v. Cruikshank (1876)
U.S. v. Harris (1883)
Veith v. Jubilirer (2004)
Week 7
“Incorporation” of the Bill of Rights
Readings: Stephens, Scheb, and Glennon: Chapter 1(pp. 28-32)
In addition, please read and be prepared to discuss the following cases:
Barron v. Baltimore (1833)
The Slaughterhouse Cases (1873)
Hurtado v. California (1884) (Sakai)
Chicago, Burlington, & Quincy RR Co. v. Chicago (1897)
Palko v. Connecticut (1937)
Adamson v. California (1947)
Rochin v. California (1952)
Duncan v. Louisiana (1968)
McDonald v. Chicago (2010)
Gideon v. Wainwright (1963) (p. 366)
Cases we discuss may include, but may not be limited to:
Maxwell v. Dow (1900)
Twining v. NJ (1908)
Week 8
Substantive Due Process and the Liberty of Contract Era
MIDTERM EXAM: Thursday, March 9
Readings: Stephens, Scheb, and Glennon: Chapter 2
In addition, please read and be prepared to discuss the following cases:
Lochner v. New York (1905)
Muller v. Oregon (1908) (Sakai)
Adkins v. Children’s Hospital (1923)
Buck v. Bell (1927) (p. 410)
West Coast Hotel v. Parrish (1937) (Sakai)
Ferguson v. Skrupa (1963)
Cases we discuss may include, but may not be limited to:
Munn v. Illinois (1877)
Santa Clara County v. Southern Pacific RR (1886)
Allgeyer v. Louisiana (1897)
Mugler v. Kansas (1887)
Jacobson v. Massachusetts (1905)
Adair v. U.S. (1908)
Coppage v. Kansas (1915)
Wolf Packing Co. v. Court of Industrial Relations (1923)
Morehead v. Tipaldo (1936)
US Railroad Retirement Board v. Fritz (1980)
Nebbia v. New York (1934)
City of New Orleans v. Dukes (1976)
Week 9
The Right to Privacy: Substantive Due Process Revisited?
Readings: Stephens, Scheb, and Glennon: Chapter 6
In addition, please read and be prepared to discuss the following cases:
Griswold v. Connecticut (1965)
Roe v. Wade (1973)
Akron v. Akron Center for Reproductive Health (Sakai)
Planned Parenthood of SE Pennsylvania v. Casey (1992)
Cases we discuss may include, but may not be limited to:
Doe v. Bolton (1973)
Planned Parenthood v. Danforth (1976)
Beal v. Doe (1977)
Maher v. Roe (1977)
Poelker v. Doe (1977)
Harris v. McCrae (1980)
Webster v. Reproductive Health Services (1989)
Rust v. Sullivan (1991)
Stenberg v. Carhart (2000)
Gonzalez v Carhart (2007)
Vacco v. Quill (1997)
Raich v. Gonzalez (2005)
Cruzan v. Director, Missouri Dept. of Health (1990)
Washington v. Glucksberg (1997)
Lawrence v. Texas (2003)
Bowers v. Hardwick (1986)
Weeks 10 and 11
Freedom of Speech
Readings: Stephens, Scheb, and Glennon: Chapter 3
In addition, please read and be prepared to discuss the following cases:
Schenck v. United States (1919)
Gitlow v. New York (1925) (Sakai)
Thomas v. Collins (1945) (Sakai)
Terminiello v. Chicago (1949) (Sakai)
Brandenburg v. Ohio (1969)
Texas v. Johnson (1989)
Cohen v. California (1971)
United States v. O’Brien (1968) (Sakai)
Adderly v. Florida (1966)
Tinker v. Des Moines Ind. Comm. Sch. Dist. (1969) (Sakai)
Cases we discuss may include, but may not be limited to:
Abrams v. United States (1919)
Whitney v. California (1927)
Debs v. United States (1919)
Dennis v. United States (1951)
Barnes v. Glen Theatre, Inc. (1991)
Chaplinsky v. New Hampshire (1942)
Madsen v. Women’s Health Center (1994)
Hustler Magazine v. Falwell (1988)
Spence v. Washington (1974)
Yates v. United States (1957)
Masses Publishing Co. v. Patten (1917)
Feiner v. New York (1951)
Rust v. Sullivan (1991)
LSC v. Velazquez (2001)
National Socialist Party v. Skokie (1977)
R.A.V. v. City of St. Paul (1992)
Weeks 12 and 13
Freedom of the Press
Readings: Stephens, Scheb, and Glennon: Chapter 3 (continued)
In addition, please read and be prepared to discuss the following cases:
Near v. Minnesota (1931)
Cox Broadcasting v. Cohn (1975) (Sakai)
Hazelwood School Dist. v. Kuhlmeier (1988) (Sakai)
Branzburg v. Hayes (1972) (Sakai)
New York Times v. U.S. (1971)
Roth v. United States (1957) (Sakai)
Miller v. California (1973)
Paris Adult Theater v. Slaton (1972) (Sakai)
NEA v. Finley (1998)
New York Times v. Sullivan (1964)
Curtis Publishing v. Butts (1967) (Sakai)
Gertz v. Welch (1974) (Sakai)
Cases we discuss may include, but may not be limited to:
Regina v. Hicklin (1868)
U.S. v. One Book Entitled “Ulysses” by James Joyce (1934)
Butler v. Michigan (1957)
Stanley v. Georgia (1969)
American Booksellers v. Hudnut (1985)
Jacobellis v. OH (1964)
Memoirs v. MA (1966)
Ginzburg v. U.S. (1966)
Associated Press v. Walker (1967)
Time, Inc. v. Hill (1967)
Rosenbloom v. Metromedia (1971)
Week 14
Freedom of Religion
Readings: Stephens, Scheb, and Glennon: Chapter 4
In addition, please read and be prepared to discuss the following cases:
Church of the Lukumi Babalu Aye v. City of Hialeah (1993)
Lemon v. Kurtzman (1971) (Sakai)
Wisconsin v. Yoder (1972)
Everson v. Board of Education (1947)
Edwards v. Aguillard (1987)
Abington Sch. Dist v. Schempp (1963)
Wallace v. Jaffree (1985)
Employment Division, Dept. of Human Resources v. Smith (1990)
W.V. St. Bd. of Ed. v. Barnette (1943)
Santa Fe Independent School District v. Doe (2000)
Cases we discuss may include, but may not be limited to:
Minersville School District v. Gobitis (1940)
McCollum v. Illinois (1948)
Zorach v. Clauson (1952)
Tilton v. Richardson (1971)
Lamb’s Chapel v. Center Moriches Union Free School District (1993)
Engel v. Vitale (1962)
Epperson v. Arkansas (1968)
County of Allegheny v. ACLU (1989)
Bd. Of Ed v. Mergens (1990)
Lee v. Weisman (1992)
Lynch v. Donnelly (1984)
Sherbert v. Verner (1963)
Zobrest v. Catalina Foothills Sch. Dist. (1993)
Rosenberger v. University of Virginia (1995)
Board of Ed of Kiryas Joel v. Grumet (1994)
FINAL EXAM
Friday, May 5 at 9:00 am