Instructor: Daniel W. Skubik, PhD JD
Voice: 909.343.4288 / Fax: 909.343.4437
E-Mail: skubik@ibm.net
This course in Constitutional Law introduces philosophical, social historical, and legal aspects of the structure and operation of America's primary governmental charter. 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.
Required Texts
William Cohen and Jonathan Varat (eds.), Constitutional Law: Cases and Materials 10th edition (Foundation Press, 1997)
Supplement to Cohen & Varat textbook (Foundation Press, 1998)
Alexander Hamilton, John Jay, and James Madison, The Federalist Papers
[any modern, complete edition will suffice]
Web pages will be referenced throughout the term, contents of which you also will be responsible.
Class Schedule
| Sep 7 | Introduction to course and the U.S. Constitution Read the Constitution, in Cohen and Varat (CV), at 3-10 |
| Sep 10 | U.S. Constitution & Amendments Federalist Papers, Numbers X, XV, XLI-XLIV, XLVII-XLVIII, LI, LXXVIII CV, at 11-24, 140-145, 150-155 Quiz #1 |
| Sep 14 | Judicial Review & Federal Power CV, at 25-38; 56-76; 156-174; 184-198 |
| Sep 17 | Separation of Powers CV, at 407-421; 422-431; and Supplement (Supp), at 49-64 Quiz #2 |
| Sep 21 | Bill of Rights CV, at 459-480; 480-498; 501-503; and Supp, at 190-196 |
| Sep 24 | Due Process & Economic Regulation CV, at 504-514; 517-520; 542-555; and Exam #1 |
| Sep 28 | Due Process & Personal Liberties CV, at 570-584; 591-617; 644-654; 655-669 Quiz #3 |
| Oct 1 | Equal Protection CV, at 670-677; 680-691; 692-699; 703-720; 821-847 |
| Oct 5 | Equal Protection & Personal Liberties CV, at 991-999; 1016-1025; 1030-1045; 1056-1067 Quiz #4 |
| Oct 8 | Religion: Establishment & Free Exercise Clauses CV, at 1602-1627; 1646-1669; 1691-1707; and Supp, at 132-142 |
| Oct 12 | Presentation of Case(s); and Exam #2 |
Assessment & Grading Scale
| Quizzes = 15% of final grade (best 3 of 4) | 90 - 100 = A |
| Exam #1 = 25% | 80 - 89 = B |
| Case Presentation = 25% | 70 - 79 = C |
| Exam #2 = 25% | 60 - 69 = D |
| Participation = 10% | 0 - 59 = F |
| You must attend at least 8 full class sessions to pass the course. | You must attend the full Presentation & Exam session on Oct 12 to pass the course. |
Four (4) short quizzes will be given during the term, covering material from the immediately previous and current class sessions. Format is objective, comprising multiple choice, true/false, matching, and short answer questions. Of the four, your three (3) best results will be used to compute your quiz scores (i.e. your worst effort will be dropped).
Two exams will be given during the semester. Exam #1 is scheduled for Sep 24th, and will cover whatever material we will have read or discussed in class from Sep 7th - 24th. Exam #2 is scheduled for Oct 12th, and will cover principally the material from Sep 28th - Oct 12th. But note that our readings and discussions are broadly cumulative, so you can expect some overlap from earlier, particularly historical social and philosophical, discussions.
Specific guidance as to form and general requirements will be proffered before each test date. Format will emphasize short answer and essay questions, requiring application of cases, concepts and principles in relation to the topics covered in class.
Each test is closed book, open notes. Meaning of open notes: You are permitted to bring 1 (one) 8.5" x 11" sheet of paper with notes written on it for use during the tests. The notes may be in your own handwriting, or produced by a computer printer, of any size writing or font, front and back, without regard for margins.
You will sign-up to work on a hypothetical Supreme Court case (list of cases and issues to be presented after the first exam). You will prepare a written brief and then orally argue that case to the class on Oct 12th. The other class members and I will sit as the Court, hearing your arguments and asking questions. You will be assessed both on your presentation skills (10%), and on the brief (15%). [N.B. Attendance at this class session is mandatory, and cannot be rearranged or made-up if missed.]
Attendance: You must attend at least eight (8) full sessions in order to receive a passing grade for this course. Four (4) or more absences, whether excused or unexcused, will earn an automatic F. This may seem draconian, but our time together is too short and intensive. If you cannot commit to the class schedule, you should drop this course and seek an alternative. [N.B. You are counted absent if you (a) fail to come to class on any scheduled night, or (b) fail to arrive within 75 minutes of the start time.]
Although speaking in class, publicly putting and defending a position, can be daunting, you are strongly encouraged to learn to think through your own and others' experiences and insights within the context our discussions. In short, you are encouraged to demonstrate your internalization of our material for application in the politico-legal world. 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 overall classroom participation. This includes, but is not limited to, my assessment of your participation during our sessions (e.g. making relevant comments in classroom discussions, being prepared to respond to socratic questioning, asking relevant questions, and following directions concerning reading assignments). The point is to determine your active engagement with the material in the context of the class.
This syllabus is composed in good faith, with a schedule of readings, quizzes, case work and exams which 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 class. 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.
Make-Ups
Exam #1
: you must arrange to take a make-up before the Sep 24th class
session
Exam #2 : this exam cannot be made up
Case Presentation
: the case work cannot be made up
Quizzes : you must arrange to take a make-up before the quiz date
N.B. Make-Ups will be arranged only on good evidence of unavoidable absence from class (e.g. a specific doctor's note for illness or employer-arranged out-of-town business trip).