CONSTITUTIONAL LAW I GVPT 431 TuTh 3 30 4 45 Professor Michael Spivey Phone 703 203 2321 Email gov431 gmail com Office Hours 2 00 3 30 Tuesdays or by appointment Location to be announced Teaching Assistant Jason Muldrow Phone 301 405 4559 Office 5133 Tydings Email gov431 gmail com Course Content The purpose of this course is to introduce you to basic topics in American Constitutional Law In this course we will look at the structure of American government as set forth in the U S Constitution We will pay particular attention to issues of federalism and the separation of powers What is and what should be the proper relationship between the executive legislative and judicial branches of government What is and what should be the relationship between the federal government and state governments We will also look at specific powers delegated by the Constitution to the federal government e g the power to regulate trade and the economy The Bill of Rights and civil liberties are reserved for another course How are we to understand these powers in light of changing economic and cultural circumstances Through an examination of Supreme Court case law we will examine how the structure of government has evolved over the last 200 years Finally we will close the course by looking at whether an 18th century constitution one with strong counter majoritarian features is adequate to structure a functional government in the 21st century Throughout the course we will consider the role of courts themselves and in particular the Supreme Court in the American republic Is the Court anti democratic Does it usurp decision making more appropriately left to other political actors How should the Court go about its work Are there different theories of democracy in evidence on the Court Course Requirements 1 Short reaction papers no longer than 1 page Over the course of the semester you will be assigned three topics to discuss Each topic will relate to that week s readings and your paper should be no more than 1 page In addition you should prepare one reaction paper on any case of your choosing However you can not submit a reaction paper for a case in which you are counsel i e a participant in the Supreme Court simulation Papers are due at the beginning of class 2 Class participation You should come prepared to discuss the readings each and every class 3 Instant Quizzes There will be five instant quizzes over the course of the semester These will be administered during the Friday discussion sections 4 Supreme Court Case Simulation Over the course of the semester everyone will have the opportunity to be an attorney at least for a day Later in the course as we discuss cases each student will assume the role of lawyer for petitioner or respondent in a particular Supreme Court case You and your lawyer colleagues will then present the arguments for your client in the case A case brief outlining your argument is due at the beginning of the class in which you present 5 Final Exam Grading Criteria Grades will be computed as follows Final Exam Case Argument Mid Term Exam Reaction Papers Instant Quizzes Class Participation 25 20 20 20 10 5 Required Books American Constitutional Law Volume 1 Kommers et al Optional The Federalist Papers Hamilton Madison and Jay edited by J R Pole The Anti Federalist Papers Borden Great Web Sites For transcripts of Supreme Court oral arguments and audio recordings visit www oyez org Course Schedule September 2 Introduction no readings Why study American Constitutional law I The Debate over Federalism September 4 The United States or the States United Readings The Articles of Confederation and The Constitution of the United States excluding the Bill of Rights American Constitutional Law pp 11 29 Speeches of Patrick Henry June 5 and 7 1788 online http www constitution org rc rat va 04 htm henry 01 http www constitution org rc rat va 06 htm henry 02 For an excellent annotated version of the Constitution see www consource org September 9 A Democracy a Republic or Something Else Readings Anti Federalist Papers 9 Brutus 1 The Federalist Papers 9 14 The Federalist Papers can be found at www foundingfathers info federalistpapers The Anti Federalist Papers can be found at www iahushua com All Anti Federalist numbers refer to the Borden edition If there is no Borden equivalent the AntiFederalist author and number are noted September 11 National Security or Liberty Readings Anti Federalist Papers 3 4 6 The Federalist Papers 3 6 15 ASSIGNMENT 1 DUE September 16 Debating Federalism Readings Anti Federalist Papers Brutus 1 6 The Federalist Papers 23 45 46 For additional reading Martin Diamond The Forgotten Doctrine of Enumerated Powers Publius The Journal of Federalism Fall 1976 Martin Diamond The Federalist on Federalism 86 Yale Law Journal 1273 Martin Diamond Democracy and The Federalist APSR Vol 53 No 1 March 1959 p 52 Ann Stuart Diamond The Zenith of Separation of Powers Publius the Journal of Fdederalism Summer 1978 September 19 The Commercial Republic Madison s Vision Readings The Anti Federalist Papers 10 Federalist Papers 10 NOTE Class will occur on Friday during the normal discussion section times September 23 Separation of Powers Readings Anti Federalist Papers 47 The Federalist Papers 47 51 70 September 25 The Judiciary The Least Dangerous Branch Readings Anti Federalist Papers 78 80 81 Brutus 11 12 15 The Federalist Papers 78 For additional reading Philip B Kurland and Ralph Lerner eds The Founders Constitution Chicago University of Chicago Press 1987 Online edition http press pubs uchicago edu founders Michael Meyerson Liberty s Blueprint New York Basic Books 2008 J W Peltason Understanding the Constitution Hynsdale Dreyden Press 1973 Herbert J Storing What the Anti Federalist Were For Chicago University of Chicago Press 1981 Herbert J Storing ed The Anti Federalist An Abridgment of the Complete Anti Federalist Abridgment by Murray Dry Chicago University of Chicago Press 1985 II What Do Courts Do October 2 Constitutional Interpretation and Judicial Decision Making Reading American Constitutional Law pp 31 54 For additional reading J M Balkin and Sanford Levinson The Canons of Constitutional Law 111 Harv L Rev 963 1997 Howard Gillman and Cornell Clayton The Supreme Court in American Politics Lawrence University of Kansas Press 1999 Lawrence Baum The Puzzle of Judicial Behavior Ann Arbor University of Michigan Press 1999 Clayton Cornell and Howard Gillman eds Supreme Court Decision Making