CONSTITUTIONAL LAW AND LOGIC: THE POWERS OF GOVERNMENT (Fall 2003)

Content: The U. S. Supreme Court is often the forum where the powers of government and their scope are defined and clarified. Some of the Court's greatest decisions concerning federal governmental power as it relates to state governments and individual Americans form the basis for our study of the law and its judicial applications over the course of the semester. For the most part, the class will operate as a mock U. S. Supreme Court, with students expected to argue cases and work toward improvement of the oral and writing skills needed for mature, effective discourse. In addition to the readings listed below, everyone is urged to keep up with current political events through some of the major newspapers and to pay close attention to the films offered to emphasize particular themes that we will be examining. You will also find materials posted for you on “Dr. VA’s Home Page,” available on wicknet at www.brunswickschool.org.

Assignments: The principal skill involved in this course is learning to pull logical conclusions from complicated sets of facts and conflicting principles. Starting in the second week, students are expected to write one short case decision per week (limited, please, to just 2 or 3 word-processed pages, double-spaced). The final examination at the end of the semester will, in some way, call upon each student to rely upon his/her personal view on the proper extent of governmental power and its modern applications under the Constitution.

Course policies: Since we are departing from the usual quiz/test format, a student's marking period grades will be based for the most part on the average of his/her paper grades. Because much class time is devoted to case arguments, mature class participation is necessary and is also likely to influence marking period grades. Barring exceptional circumstances, any paper submitted after deadline must be penalized 5 percent for each day of lateness. If a student is out of school on the day a paper is due, every effort should be made to have it delivered in his absence. In cases of prearranged absence (college visits, athletic commitments, etc.), assignments should be finished and turned in ahead of time whenever possible. I would appreciate being notified of any plans a student may have to be missing from class. Plagiarism on a paper is defined as a student's representing another person's work as his own. Anyone found guilty of plagiarism is liable to severe punishment according to school rules. You are also expected to read carefully and abide by the attached “History Department Guidelines Regarding Academic Integrity.”

Reading: The following books are available for immediate purchase at the Brunswick bookstore:

Lewis, Anthony. Gideon's Trumpet.

Bartholomew, Paul C. and Joseph F. Menez, eds. Summaries of Leading Cases on the Constitution.

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READING SCHEDULE AND CASELOAD

WEEK ONE

Lewis, Gideon's Trumpet, 1st half; handout materials for practice cases.

WEEK TWO

Lewis, Gideon's Trumpet, 2nd half; handout materials for practice cases.

WEEK THREE

Marbury v. Madison (1803).

WEEK FOUR

Griswold v. Connecticut (1965).

WEEK FIVE

Luther v. Borden (1849).

WEEK SIX

Miller v. Johnson (1995).

WEEK SEVEN

Gratz v. Bollinger (2003).

WEEK EIGHT

Flast v. Cohen (1968).

WEEK NINE

Barenblatt v. United States (1959).

WEEK TEN

Hammer v. Dagenhart (1918).

WEEK ELEVEN

Katzenbach v. McClung (1964).

WEEK TWELVE

Home Building and Loan Association v. Blaisdell (1934).

WEEK THIRTEEN

Youngstown v. Sawyer (1952).

WEEK FOURTEEN

U. S. v. Nixon (1974).

WEEK FIFTEEN

U. S. v. Virginia (1996).

WEEK SIXTEEN

Boy Scouts of America et al. v. Dale (2000).

WEEK SEVENTEEN

Voting record analysis; end of semester film.

WEEK EIGHTEEN

Review for final examination.