Instructor: Dr. Daniel W. Skubik, PhD JD
Office: J266 / 2:00-6:30PM Tuesdays & by app’t
Voice: 951.343.4288 / Fax: 951.343.4520
Web: http://www.calbaptist.edu/dskubik
E-Mail: dskubik@calbaptist.edu

 

Constitutional Law

POL 483 / HIS 493
Monday/Wednesday/Friday, 8:00-8:55AM

California Baptist University
Spring Semester, 2007

 

This course in Constitutional Law explores the philosophical, social historical, and legal aspects of the structure and operation of America's primary governmental charter. The focus principally, though not exclusively, concerns the history, organization, and process of judicial review where the court interprets and applies the Constitution to a real world context. To this end, major US Supreme Court cases that determine the meaning and practice of the Constitution are examined and discussed. These include cases that address inter alia the powers and responsibilities of the national branches of government, state powers, first amendment rights & liberties, due process rights, property rights, privacy, and equal protection.

 

A combined socratic-seminar format will be followed, allowing students to apprehend the evolving function of the federal judiciary, and through case study to prepare students to do politico-legal research on contentious contemporary issues in constitutional interpretation.

 

The course is open to all students able and willing to engage in upper division study, and can be used to fulfill history major or minor upper division unit requirements, or general education requirements.

 

 

Required Texts

G. Stone, L. Seidman, C. Sunstein, M. Tushnet, & P. Karlan, Constitutional Law 5th edition (Aspen Law & Business, 2005)

Michael Dorf (ed.), Constitutional Law Stories (Foundation Press, 2004)

 

The books are readily available, new & used, from web shops such as Amazon.com, or Barnes & Noble, as well as from the CBU Bookstore.

Other books, handouts and websites also may be referenced throughout the term, contents of which all students will be responsible.

 

 

Readings & Assignments Schedule

 

  Week #1
  (Jan 10/12)

  Introduction to course, requirements and expectations / Intro to constitutional studies
  Read and discuss The Constitution of the US  (at xliii-lix)

  Week #2
  (Jan 15/17/19)

  Discuss 8-14; 21-36; and Dorf, ch.1, Marbury v. Madison
  15 – no classes, in observance of Martin Luther King Jr. Day

  Week #3
  (Jan 22/24/26)

  Discuss 61-77; 119-144
  Sources of Judicial Decisions; Political Questions

  Week #4
  (Jan 29/31/ Feb 2)

  Discuss 170-185; 211-222; 256-265
  Federalism; Commerce Clause and Interstate Commerce

  Week #5
  (Feb 5/7/9)

  Discuss 306-312; 330-356
  Congressional Powers

  Week #6
  (Feb 12/14/16)

  Discuss 361-398
  Presidential Powers

  Week #7
  (Feb 19/21/23)

  No face-to-face class meetings this week
 

  Week #8
  (Feb 26/28/ Mar 2)

  Discuss 447-490; 569-581; and Dorf, ch.5, Dred Scott
  Equality

  Week #9
  (Mar 5/7/9)

  Discuss 717-733; 741-757; 768-773
  Fundamental Rights

  Week #10
  (Mar 12/14/16)

  Discuss 845-873; and Dorf, ch.11, Roe v. Wade
  Privacy and Abortion

  Week #11
  (Mar 19/21/23)

  Spring Break

  Week # 12
  (Mar 26/28/30)

  Discuss 1049-1075; 1109-1117 
  Freedom of Expression

  Week #13
  (Apr 2/4/6)

  Discuss 1273-1284; 1367-1382     Hate Speech and Government Speech
  6 – no class meeting, in observance of Good Friday

  Week #14
  (Apr 9/11/13)

  Discuss 1485-1512; 1542-1566     Religion
  9 – no class meeting, in observance of Easter Monday

  Week #15
  (Apr 16/18/20)

  Discuss 1589-1609; 1626-1638
  Government Neutrality

  Week #16
  (Apr 23)

  Review for Final Examination
  Reflective Thought Paper due no later than midnight

  Friday, April 27

  Final Examination period as set by University, 8:00-10:00AM

 

Assessment & Grading Scale

  Reflective Thought Paper = 30%

  90 - 100 = A range  (90-94 = A-)

  Final Exam = 30%

  80 - 89 = B range  (80-83 = B-  /  87-89 = B+)

  Quizzes = 30% (6 @ 5% each)

  70 - 79 = C range  (70-73 = C-  /  77-79 = C+)

  Participation = 10%

  60 - 69 = D range  (60-63 = D-  /  67-69 = D+)

 

  0 - 59 = F

 

Reflective Thought Paper

An individual reflective thought paper will be prepared on an arranged case, running ~2500 words (~8 pages). The case will be drawn from the twelve (12) stories-cases in Dorf that we have not together read as a class, and no more than 4 students may elect to write on any given case (first come, first served).

 

To prepare your paper, read the full US Supreme Court case involved. (Our text contains only excerpts; retrieve the full case from a library or online database.) Then read the coordinate chapter in Dorf. Now, given what you have come to know about constitutional law, discuss (1) whether the Court announced a correct decision, (2) whether its reasoning was sound, and (3) whether the current law now based on this decision should continue as is or be changed. In short, review the decision and its background, its bases, its results, its stability, and its legitimacy.

 

Submission of reflective thought papers are due to Turnitin (through Blackboard) no later than midnight, Apr 23rd.

 

 

Quizzes

 

There will be 7 quizzes given during the term, though only your best 6 quizzes will count towards your final grade for the course. Students will form small, stable study groups of 2-3 students each by the second week of classes for the duration of the term. Quizzes will be taken by each group as a group, with the quiz mark shared by those present and taking the quiz on any particular class day. The quizzes are objective in nature (true/false, multiple choice, fill-in the blank, matching, etc), concerning material most recently covered in the previous class session or relating to material to be covered in class that day.

 

 

Final Examination

A final examination will be given at the end of the term, per the University schedule. The exam is comprehensive, covering all materials and discussions assigned.

Specific guidance as to length and specific requirements will be proffered before the test date. Format generally will emphasize short answer and essay questions, requiring application of cases, concepts and principles in relation to the topics covered in class.

The exam is closed book/open notes. This means you are permitted to bring to the exam one standard-sized page (8˝” x 11”) of notes you have personally prepared, front and back, without regard to print-size or margins. Other materials, such as website printings or professionally prepared texts or notes, are not permitted.

 

 

Participation

 

Although speaking in class, publicly putting and defending a position or interpretation, can be daunting, you are strongly encouraged to learn to think through your own and others’ experiences and insights within the context of our discussions. In this context, you are not being evaluated for reaching “right” conclusions, but for demonstrating your facility in forming arguments for any conclusions put, given the material we will cover in class.

To give direct incentive to so engage, 10% of your mark for the course will be comprised of my assessment of your classroom participation during the semester. Participation is to include in-class discussions during the semester, and does not include attendance.

 

Both because of the nature of the course and its content, and the teamwork required to complete assigned assessment items like quizzes, attendance is expected, with a simple threshold requirement: we have 36 scheduled class sessions, and you are expected to attend at least 27 class sessions (~75%). Should you miss more than 9 class sessions, you must speak with me before you will be permitted to complete the course.

 

 

CBU Statement on Academic Dishonesty

Faculty in the College of Arts & Sciences (CAS) have been asked to include the following statement in all our syllabi. Do speak with your instructor if at any time you have questions or concerns about this statement and its meaning for or application in your classes.

 

Academic dishonesty (cheating, plagiarism, copying, and other forms) will be reported to the Dean of Students. Judicial sanctions for offense [sic] are handled on a case-by-case basis depending on the seriousness of the violation, prior violations and other factors. Judicial sanctions may include, but are not limited to, loss of a letter grade or failure in the course in which the offense occurred, suspension, and/or dismissal from the University. A detailed discussion of academic dishonesty is located in the Student Handbook.

Source: 2006-2007 Undergraduate Catalog, at p.80

 

 

Caveat

This syllabus schedule is composed in good faith, with a schedule of readings and assignments that will guide us throughout the term. Still, the instructor reserves the right to make adjustments to this schedule as deemed necessary for the overall enterprise of the course. Any changes will be communicated as far in advance as feasible, and you are responsible for knowing if and when any changes have been made.