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Academic IntegrityWESTMONT COLLEGE, DEPARTMENT OF POLITICAL SCIENCECONSTITUTIONAL LAW (POL 104-1)FALL 2010, MONDAY, WEDNESDAY & FRIDAY, 9:15-10:20AMInstructor: Jesse CovingtonClassroom: Winter Hall 106Office Hours: Tuesday 2:00-4:00pm, Thursday 8:00-9:30am, Friday 2:00-3:30pm, or by appointment (Deane Hall 201)Email: [email protected]: x6784Course DescriptionWelcome to Constitutional Law! This course examines major cases, themes, theories and problems in American Constitutional Law, with particular focus on the role of the Supreme Courtin shaping American life and politics. Constitutions perform two primary tasks: they organize governments and limit governments. In terms of organization, constitutions usually specify governmental institutions, powers, and methods of change. The first half of the course focuses on these dimensions of American constitutionalism, exploring how judicial power, federalism, separation of powers, foreign affairs, and democratic representation have developed under the United States Constitution. Because power is often abused once it is given to governments, most modern constitutions also specify the limits of governmental power. The second half of the course focuses on such parameters in the American context, particularly individual rights against governmental intrusion. In this portion of the course, civil liberties (like free speech, religious liberty, etc.) and civil rights are prominent themes.More than merely learning about the major cases in American constitutional jurisprudence, this course is concerned with a number of additional themes. These include normative issues in political theory that underlie constitutional questions, including equality, liberty, privacy, coercion, morality and pluralism. Moreover, in the increasingly global context of the Twenty-First Century, understanding other constitutional systems has grown in importance. Throughout the course, comparative constitutional studies serve to contextualize and illuminate American constitutional law. Required Texts:American Constitutional Law. Essays, Cases, and Comparative Notes. 3rd Edition. Edited by Donald P. Kommers, John E. Finn, and Gary J. Jacobsohn. Rowman and Littlefield Publishers, 2009. (ISBN: 9780742563667)Additional readings will be distributed by e-mail, handouts, library reserves, and/or Eureka.Always bring all relevant texts to class with you; we will reference them frequently in discussion.1Course Objectives: What to Expect- An introduction to the major cases and controversies of American constitutional law fromthe Founding to the present time, focusing on the one hand on governmental institutions, power and relationships, and on the other hand civil rights and civil liberties as protected under the Bill of Rights and later constitutional amendments.- Familiarization with the changing role of the judiciary—particularly the Supreme Court—in American society, law, and politics.- Engagement with the major theoretical underpinnings of American constitutional law, helping students perceive the normative assumptions and dilemmas that support and challenge the United States’ constitutional law and judiciary.- Global contextualization of American constitutional law, exploring what can be learned from other countries’ constitutional jurisprudence—both for their own sake and for how they shed light on American constitutional law.- Training in legal thinking and analysis, such that participants can critically read and distill cases and briefs; participate in and contribute to the shared inquiry of class dialogue and legal argument; and write clearly, concisely, and analytically about legal matters. - Preparation further study involving law and American government, including law school, graduate school, or further relevant undergraduate coursework.Course Requirements: What You Commit ToPreparation, Participation, and Attendance—15%Attendance: I will take attendance daily. Please let me know ahead of time via e-mail if you need to miss class and why. Each student may miss three class sessions without a detrimental effect on his or her grade. These three class sessions include excused absences, so they should not be thought of as “freebies.”Save them for when you really need them—e.g., sickness, emergency, a field trip for another class, etc. If a student misses a fourth class session his or her grade will be negatively affected (except in extraordinary circumstances). If you have reason to anticipate excessive absences (more than three), then come talk to me about this as soon as possible. Note: please arrive in time to be ready for class to begin on time.Preparation: Full preparation for class entails reading all of the assigned texts, taking reading notes on the texts, and thoughtfully considering their content. I reserve the right to evaluate preparation in a number of ways, including pop quizzes and asking you questions in class. Participation: I expect each member of the class to participate in a way that is helpful to the whole class. For those who are not outspoken, will require a specialeffort to participate. Others may participate far more, but should take responsiblecare in doing so, ensuring that they speak in ways that help others learn and help others participate as well. Each student should be prepared for me to call on her or him during any class session.2Classroom Decorum: Turn cellular telephones off. If your phone rings during class, I reserve theright to answer it. Come to class properly attired. Please dress as someone who respects your fellow students and wishes to be taken seriously as a participant in meaningful intellectual inquiry (e.g., no pajamas, men should remove hatsindoors, etc.) Avoid anything that tends to distract you or others from full participation. Examples include arriving late, noisy snacks, private conversations during class, text-messaging, surfing the internet, etc. Such practices are likely to disrupt your own learning and that of your peers.Case Briefs—20%A case brief is a distillation of the core components of a court decision (I will distribute a handout explaining how to write one). Twenty-three cases are assigned for case briefs (bolded in the schedule of readings). Each student will write twenty case briefs (1 page) during the semester, choosing to skip three of theassigned briefs. Ten of these briefs will be graded, while the remaining ten will receive a “check” for being turned in. I


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Westmont POL 104 - Syllabus

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