COURSE SYLLABUS: HISTORY/POLITICAL SCIENCE 342,

CIVIL RIGHTS AND THE CONSTITUTION

FALL 2002

THREE SEMESTER HOURS CREDIT

 

I.  LOCATOR INFORMATION

    Instructor's Name:  Dr. Andrew J. Dowdle

    Class Location: JKSA 205    Class Time:  MWF 1-1:50

    Office Location: TS 207B    E-Mail: adowdle@uncfsu.edu  

    Office Hours: TR 9:30-11 am, MWF noon - 1pm, MR 5-6 pm

    OR BY APPOINTMENT

    Office Phone: 672-1347       

    Class Website: http://faculty.uncfsu.edu/adowdle/poli342.htm    

   

II. COURSE DESCRIPTION:

 

Civil Rights and the Constitution is a study of constitutional principles and their applications as they affect individual civil rights. Heavy emphasis will be placed on the dilemma between the need to insure individual rights and the obligations of individual citizens to society. While empirical evidence is important, students should not only learn the "facts" of the cases. They also need to develop the basic skills (empirical and normative, quantitative and qualitative) of political inquiry and analysis. Students should learn to appreciate the complexity and contextual boundedness of political issues and how to engage with seriousness and civility in dialogues and debates. This class should prepare students not only for their role as political consumers but also as politically active citizens and leaders.

 

III. COURSE OBJECTIVES:

 

Students should be able to

1. differentiate between a civil right and a civil liberty.

2. evaluate and compare historical and current attitudes with impartiality and objectivity.

3. objectively appraise the notion of government commitment to "Equal Protection Under                                                                                                                       the Law."

4. analyze whether or not the ideological composition of the U.S. Supreme Court has a significant effect on rulings in civil rights and liberties cases.

5. trace the evolution of the "Civil Rights Movement" in this country.

6. become familiar with the doctrine of selective incorporation.

7. understand the differences between strict scrutiny, heightened scrutiny, and the rational basis test in cases dealing with discrimination.

8. identify the "facts" of a case (from the assigned readings), the     court's ruling in that case, and the effect of the ruling on other cases.


 

IV. TEACHING STRATEGIES

 

      This course is taught primarily through lecture.

 

V. EVALUATION/GRADING SCALE

 

Fayetteville State University expects all students to conduct themselves in a responsible manner as adults who understand that they are accountable for the choices they make as students.  Students are expected to attend all class meetings scheduled for the courses in which they are registered.  Instructors are expected to maintain an accurate written record of student attendance in order to meet veterans’ benefits and other requirements.  At the end of each quarter, instructors will record absences for all students all students on the official grade sheets.  Absence from class for whatever reason does not does not excuse students from full responsibility for class work or assignment missed.  Students will be allowed to make up work only if the instructor excuses the absence.  Illness needs to be documented by a note from the infirmary or family doctor.  Funerals require a copy of the obituary or funeral program.  School activities need to be pre-approved by the class instructor.

 

The final grade for this class will be based on four components. Students will have three in-class tests, including the final examination. Students will not be allowed to make up tests without a doctor’s note in cases of illness or some written documentation (i.e. funeral program) in cases of family tragedy. Class participation is also an important aspect in the instructor's evaluation. Over the course of the semester, students will be expected to have “briefed” four cases.  These assignments will require both a written summary of a case and an oral presentation of the case before the class.  Therefore, participants will be expected to have read and briefed the cases before coming to class. Since students will know the cases to be briefed before hand, coming to class without reading the assignment will have a severe impact on the student's class participation grade. Students who miss class will receive a zero for that week unless they turn in a written summary of the cases missed.

 

COMPOSITION OF FINAL GRADE

Test One 20%

Test Two 30%

Final 30%

Participation and Briefings 20/%

   

GRADING SCALE

92-100   A

83-91    B

73-82    C

64-72    D

Below 63 F

 

VI. TEXT:

Epstein, Lee and Thomas G. Walker. Constitutional Law for a Changing America: Rights, Liberties, and Justice. 4th edition. Washington, DC: Congressional Quarterly, 2001.

 

 

VII. CONSTITUTIONAL LAW BIBLIOGRAPHY: ARRANGED BY TOPIC

 

A. Constitutional Theory And Governmental Powers

Abraham, H., Freedom & the Court (6th ed. 1993 ).

Biskupic, J. & Witt, E., The Supreme Court and Individual Rights, 3d ed. (1997).

Currie, D. The Constitution in the Supreme Court (2 vol., 1985, 1990).

Currie, D. The Constitution in Congress (vol 1. 1997)

Gunther, G. Constitutional Law; Individual Rights in Constitutional Law.

Kelly, A., Harbison, W., & Belz, H., The American Constitution (7th ed. (1991).

Murphy, W., Fleming, J., Barber, S. American Constitutional Interpretation (2d ed. 1995).

O'Brien, D. Constitutional Law & Politics (1995) with yearly supplements.

Pritchett, C., Constitutional Law of the Federal System; Constitution & Civil Liberties (1983).

 

B. Collections Of Case Studies About The Court And Its Justices.

 

Cannon, M. & O'Brien, D., ed. Views from the Bench (1985).

Garraty, J., ed., Quarrels that Have Shaped the Constitution 2d ed. (1987).

Irons, P., Courage of their Convictions (1988)

Steamer, R., Chief Justice (1986).

White, G., The American. Judicial Tradition (2d ed., 1988).

 

C. General Histories Of The Court And American Constitutionalism.

 

Farber, D. & Sherry, S. A History of the American Constitution (1990).

McCloskey, R. The American Supreme Court (2d ed. 1994).

Mason, A. ed. Free Govt. in the Making (1985 ed)

Schwartz, B. A History of the Supreme Court (1993).

Semonche, J. Keeping The Faith: A Cultural History of The Supreme Court (1998)

Urofsky, M. March of Liberty (1988).

Wiecek, W., Liberty under Law (1988).

           


D. The Bill of Rights: Historical Function and Historical Studies.

 

Cogan, N .The Complete Bill of Rights: the Drafts, Debates, Sources & Origins (1997).

Conley, P. & Kaminski, J., The Bill of Rights and the States (1992).

Corwin, E. "The Doctrine of Due Process of Law Before the Civil War," 24 Harvard Legal Review 366 &460 (1941).

Lacey, M. & Haakonssen K. eds.A Culture of Rights (1992).

Levy. L. Jefferson & Civil Liberties (1963).

Plescia, J. The Bill of Rights and Roman Law (1995).

Rutland, R. The Birth of the Bill of Rights (1955).

Wilmarth, A. "Original Purpose of the Bill of Rights," 26 American Criminal Law Review 1261 (1989).

 

E. The Fourteenth Amendment Incorporation Problem.

 

Amar, A., "The Bill of Rights and the Fourteenth Amendment," 101 Yale. Legal Journal 1193(1992).

Antieau, C. Intended Significance of the 14 Amendment (1997).

Aynes, R. "Charles Fairman, Felix Frankfurter & the 14th Amendment," 70 Chicago-Kent Law Review 1197 (1995).

Belz, H. Emancipation and Equal Rights (1978).

Bond, J. No Easy Walk to Freedom (1997).

Curtis, M., No State Shall Abridge (1986).

Kaczorowski, R. "Revolutionary Constitutionalism in the Era of the Civil War &

Reconstruction," 61 New York University Legal Review 863 (1986).

Kettner, J. The Development of American Citizenship, 1609-1870

Kutler, S., Judicial Power and Reconstruction Politics (1968).

Maltz, E. "Fourteenth Amendment Concepts in the Antebellum Era," 32 American Journal of  Legal History 305 (1988).

Maltz, E. Civil Rights, the Constitution, and Congress (1990).


 

VIII. COURSE SCHEDULE (tentative):

 

AUGUST 21: Course Orientation

 

AUGUST 23, 26: The Judicial System

Read Chapter One

 

AUGUST 28, 30: Judicial Review

Read Chapter Two

 

SEPTEMBER 2: No Class

 

SEPTEMBER 4: Selective Incorporation

Read Chapter Three

 

SEPTEMBER 6: Review for Test One

 

SEPTEMBER 9: Brief Palko v. Connecticut, Powell v. Alabama, or Gideon v. Wainwright

 

SEPTEMBER 11: September 11 Symposium

 

SEPTEMBER 13: TEST ONE

 

SEPTEMBER 16: Race before the Equal Protection Clause

Read pp. 619-628.

 

SEPTEMBER 18: Race and the Equal Protection Clause in the Nineteenth Century

Read pp. 629-638.

 

SEPTEMBER 20: Brief Plessy v. Ferguson.

 

SEPTEMBER 23-25: Race and the Equal Protection Clause in the Early Twentieth Century

 

SEPTEMBER 27: Brown v. Board I and II

Read pp. 638-645.

 

SEPTEMBER 30-OCTOBER 2: Guest Lecture

 

OCTOBER 4-7: EYES ON THE PRIZE VIDEOTAPE

 

OCTOBER 9-11: Race, Gender, and the Equal Protection Clause in the Twentieth Century

Read Remainder of Chapter Twelve

 

OCTOBER 14: Brief Regents v. Bakke, Shaw v. Reno,

 

OCTOBER 16: Discussion on Strict Scrutiny, Heightened Scrutiny, and “Rational” Discrimination.

 

OCTOBER 18: Review for Test Two

 

OCTOBER 21: Test Two

 

OCTOBER 23: Civil Liberties

 

OCTOBER 25 and 28: Freedom of Religion

Read Chapter Four

 

OCTOBER 30- NOVEMBER 4: Freedom of Speech and Expression

Read Chapters Five and Seven

 

NOVEMBER 6 and 8: SPSA

 

NOVEMBER 11: Freedom of the Press

Read Chapter Six

 

NOVEMBER 13: The Right to Privacy

Read Chapter Nine

 

NOVEMBER 15: Brief Sherbert v. Verner, Oregon v. Smith, or School District of Abington Township v. Schempp

 

NOVEMBER 18 - 25: The Rights of the Accused

Read Chapters 10-11.

 

NOVEMBER 27: Videotape

 

NOVEMBER 29: Thanksgiving

 

DECEMBER 2: Review for Final

 

DECEMBER 4: Videotape

 

DECEMBER 6: Finals for Seniors

 

DECEMBER 9: Last Day of Class

 

Final Examination - at time scheduled by registrar’s office