Course Description
This course introduces students to the work of the Supreme Court and to the main outlines of American constitutional law, with an emphasis on the development of American ideas about civil rights. The goal of the course is to provide students with a framework for understanding the major constitutional controversies of the present day through a reading of landmark Supreme Court cases and the public debates they have generated. The principal topics are civil liberties in wartime, race relations, privacy rights, and the law of criminal procedure.
Assignments
As a CI-H subject, the course also aims to introduce students to some of the more practical aspects of the art of constitutional lawyering and adjudication: delivering oral arguments, writing briefs, and deciding cases. To satisfy the CI-H writing requirement, there will be four short writing assignments - two analytical papers, a brief, and a judicial opinion -- on the following topics:
-
The debate over racial profiling in wartime (analytical paper, 4 pages)
-
The constitutionality of teaching intelligent design in public schools (analytical paper, 4 pages)
-
Affirmative action (brief, 5 pages)
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The constitutionality of a state law prohibiting gay marriage (judicial opinion, 8 pages, first draft to be revised and resubmitted)
As the semester progresses, further guidelines will be provided about each writing assignment, which students should consult at least each week. To satisfy the CI-H oral expression requirement, students will be asked to pair up in teams of two and provide an oral presentation of both sides of one particular case. In addition, I will make liberal use of the so-called "Socratic method" employed in law schools, which means that students should come prepared for each class session regardless of whether or not they have been asked to prepare oral argument for that particular class.
Grading
Grades will be determined roughly as follows:
Grading criteria.
| Activities |
Percentages |
| Class Participation and Oral Presentations |
40% |
| First Three Papers (10% each) |
30% |
| Final Paper |
30% |
Calendar
Course schedule.
| Lec # |
Topics |
Key Dates |
| 1 |
Introduction |
|
| 2 |
The Supreme Court in the 21st Century |
|
| 3 |
Judicial Review (The Early Supreme Court) |
|
| 4 |
Bioethics and Biotechnology in the Supreme Court (Panel Discussion at Harvard Law School) |
|
| 5 |
The Wartime Constitution (I) - The Post-9/11 Era |
|
| 6 |
The Wartime Constitution (II) - World War II and Korean War Precedents |
|
| 7 |
The Wartime Constitution (III) - Freedom of Speech and Belief |
|
| 8 |
The Wartime Constitution (IV) - The First Amendment |
Writing assignment 1 due |
| 9 |
The Free Exercise and Establishment Clauses |
|
| 10 |
Economic Liberties and Substantive Due Process |
|
| 11 |
Desegregation |
|
| 12 |
Freedom of Association |
Writing assignment 2 due |
| 13 |
Affirmative Action |
|
| 14 |
Gender Discrimination |
|
| 15 |
Criminal Procedure (I) |
|
| 16 |
Criminal Procedure (II) |
Writing assignment 3 due |
| 17 |
The Eighth Amendment |
|
| 18 |
Fundamental Rights (I) |
|
| 19 |
Fundamental Rights (II) |
|
| 20 |
Sexual Orientation |
Draft of assignment 4 due |
| 21 |
Marriage |
|
| 22 |
Immigration and Citizenship |
|
| 23 |
Poverty, Welfare, and Work |
|
| 24 |
Political Participation |
|
| 25 |
Federalism |
Revision of assignment 4 due |