Instructor: Dr. Daniel W. Skubik, PhD JD
Office: J266 / Office Hours per schedule
Tel: 951.343.4288 / Fax: 951.343.4520
Web: http://www.calbaptist.edu/dskubik
E-Mail: dskubik@calbaptist.edu

 

Constitutional Law I

POL 484
Tuesdays/Thursdays, 12:30-1:50PM

California Baptist University
Fall Semester, 2008

 

 

Course Description

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. The focus in this course, Constitutional Law I, concerns those cases that cover governmental powers and authorities, and so include cases that address inter alia the powers and responsibilities of the national branches of government, state powers, with some examination of individual due process and property rights. Issues concerning individual freedoms and civil rights (for example, under the Bill of Rights) are covered in Constitutional Law II, the second section of this course.

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.

 

 

Course Objectives

By the end of this course, students should be able to:

1)      Analyze and discuss the structure, powers and limits of the federal government as a whole, and its constituent branches

2)      Analyze and discuss the structure, powers and limits of state governments in relation to the federal government

3)      Analyze and discuss key legal issues concerning life in a constitutional democracy

 

 

Required Text

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

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
  (Sep 4)

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

  Week #2
  (Sep 9/11)

  Discuss 8-14; 21-36; 42-60
  Constitutional Order

  Week #3
  (Sep 16/18)

  Discuss 8-14; 21-36; 42-60
  Constitutional Order

  Week #4
  (Sep 23/25)

  Discuss 61-77; 119-158
  Sources of Judicial Decisions; Political Questions

  Week #5
  (Sep 30 / Oct 2)

  Discuss 61-77; 119-158
  Sources of Judicial Decisions; Political Questions

  Week #6
  (Oct 7/9)

  Discuss 170-185; 211-224; 256-278
  Federalism; Commerce Clause and Interstate Commerce

  Week #7
  (Oct 14/16)

  No face-to-face class meetings this week
  [PLANC conference]

  Week #8
  (Oct 21/23)

  Discuss 170-185; 211-224; 256-278
  Federalism; Commerce Clause and Interstate Commerce

  Week #9
  (Oct 28/30)

  Discuss 279-299; 300-312; 330-356
  Congressional Powers
  Sign-up for case to brief by end of class, Thursday, 30th

  Week #10
  (Nov 4/6)

  Discuss 279-299; 300-312; 330-356
  Congressional Powers

  Week #11
  (Nov 11/13)

  Discuss 357-398; 405-413; 423-435
  Presidential Powers

  Week # 12
  (Nov 18/20)

  Discuss 357-398; 405-413; 423-435
  Presidential Powers                    [18th – No face-to-face class meeting]

  Week #13
  (Nov 25/27)

  Discuss 1583-1609; 1609-1626; 1626-1638
  Government Neutrality               [27th – Thanksgiving]
  Case Brief due no later than 11:59PM, Tuesday, 25th for extra credit

  Week #14
  (Dec 2/4)

  Discuss 1583-1609; 1609-1626; 1626-1638
  Government Neutrality

  Week #15
  (Dec 9/11)

  Review for Final Examination
  Case Brief due no later than 11:59PM, Tuesday, 9th

 
Thursday, Dec 18

 
  Final Examination period as set by University, 11:00AM-1:00PM

 

Assessment & Grading Scale

  Case Brief = 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

 

Case Brief

An individual brief of a case is due through Blackboard no later than 11:59PM, Tuesday, December 9th. Late submissions will not be accepted for grading. Follow the outline supplied by the instructor to analyze any one of the principal cases we cover in class during the term. (Other cases will be considered at the instructor’s discretion.)

 

N.B. You should sign up for a particular case with the instructor no later than Thursday, October 30th, before you complete this assignment, since no more than two (2) students will be permitted to analyze any single case. You can submit your case brief before the due date for extra credit: no later than 11:59PM, Tuesday, November 25th earns 5% extra credit.

 

 

Quizzes

 

There will be 7 quizzes given during the term (roughly, one every other week and usually announced one class ahead), 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 25 scheduled class sessions, and you are expected to attend at least 19 class sessions (~75%). Should you miss more than 6 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 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: 2008-2009 Undergraduate University Catalog, at p.51

 

 

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.