January
15, 2008
To
My Students,
Welcome
to PSC 310. We will meet on Tuesdays and Thursdays from 4:00 p.m. to 5:50 p.m.
in MC307B. I’m deli’ghted to teach you
and help you learn the subject of U.S. Constitutional Law. It’s a difficult
one, as you might expect. Of course, we know how important the subject is. It’s
no accident that there has been such a battle over judicial nominations in
recent years. The Supreme Court takes on the most contentious constitutional
issues—from Presidential power over Guantanamo prisoners, State power to
restrict abortion, Congressional power to develop national policy in the area
of gun possession, to U.S. Supreme Court
power to interfere with the decisions of the elected institutions, whether of
the federal government or of the states. Our focus, this term, is primarily
upon the boundaries of power among the three branches of the federal government
and the boundaries of power dividing the federal government and the states.
Incidentally, why do we study “law” in a political science course? How
does “law” differ from “politics”? Or does it? Does one morph
into the other? Does one have an impact upon the other?
The
CSU political science catalog, as you may know, provides, “PSC 310: Constitutional
Law. Basic principles of the United States Constitution, including judicial
review, separation of powers, and the powers of the presidency and Congress,
and federalism, introduction to individual rights and liberties, including
right to privacy and the right of criminal defendants.”
Our
job is to work hard to understand these ideas, and to get excited as we read,
study, and ponder them. Expect to be frustrated and confused at the beginning.
But I know we will all do our best to gain confidence in our knowledge of the
subject as the term progresses.
Our
text will be by Lee Epstein and Thomas G Walker. It’s Constitutional Law for a Changing
America—Institutional Powers and Constraints. 6th Ed. (2007).
The authors have won a number of awards for it. I’ll also be giving you
handouts, including materials from their
text, “Constitutional Law for a Changing America—Rights, Liberties, and
Justice, 6h Edition (2007).
Attendance
and Preparation. If you have (1) any combination of more than three,
unexcused absences or unexcused failures to prepare, or you have
(2) one or more unexcused absences from exams, or you (3) engage
in improper laptop use or other distraction during class, I reserve the right to lower your grade. Conversely, if you make excellent
contributions in class, I reserve the right to raise your grade.
Examinations. There will be two midterms and one final
examination.
There
will be a midterm exam worth 20 points on February 12, covering materials and
lectures
from Jan. 15 through Feb. 5).
There
will be a midterm exam worth 30 points on March 25, covering materials and
lectures
from February 7 through March
18).
There
will be a cumulative final exam worth 50 points on Tuesday, May 6. (4:00
p.m.-6 p.m.).
Office
Hours:
Tuesdays and Thursdays: 2:30 p.m.-3:30 p.m., and by appointment.
I
have 2 offices on campus: Law School, Rm. 159 (687-2331). Political
Science Office RT 1743. Make sure you know which office we’ll be meeting in.
Sincerely,
Arthur
R. Landever, A.B., J.D., Ph.D (Political Science). Professor of Law
Emeritus Cleveland
Marshall College of Law, Cleveland State University
arthur.landever@law.csuohio.edu (216) 687-2331.
Tentative Syllabus:
January 15. Introduction. What interests you about
U.S. Constitutional Law? What do you suppose interests me about the subject?
Think about those questions. What are the course ground rules? Our
responsibilities as we approach this important subject? Think about how I can
help you grasp the subject. Think about how constitutional “law” and constitutional “politics” are
different but very much interconnected. What should you be looking for as
you study the materials? What questions should you be answering?
January 17. Text 1-11, 13-27. The Federal judiciary. What are the powers of the federal courts? the U.S. Supreme Court in particular? The powers of the state courts?
January 22. Text 27-50. Some approaches in interpretation. We want “workable” government. To achieve what goals? Liberty? Equality? Democracy? (What does the U.S. Constitution’s preamble say about goals?).We also want a division of powers among the three federal branches. (We call that division of powers among the three federal branches, “separation of powers”). Why do we want such a division of powers? We also want each of the federal branches to have “checks and balances,” vis-à-vis the other two branches. Why? “Federalism” relates to the division of powers between the states and federal government. We’ll be considering the “reserved” powers of the states (and their limits), as well as the powers of the federal government. Generally, the federal government’s powers are either 1) listed (i.e.. enumerated) (See, e.g., Article I, section 8 as to much of Congress’s powers or 2) reasonably implied. 3) There is another theory of federal government power, a much more controversial one, “inherited power.” (See United States v. Curtiss-Wright).
Generally, the states’ powers are what is left of the pie of governmental power, (i.e.” “reserved” to the states,” (See the Tenth Amendment) if not otherwise forbidden (See, e.g., Article I, Section 10, as to what the states are specifically forbidden to do).
We’ll be talking about how a person goes about interpreting the U.S. Constitution in specific situations too.
January 24. Text 55-60, 62-68, 68-76. Separation of powers and checks and balances. The federal judiciary, and the U.S. Supreme Court in particular. If our subject is “(U.S.) Constitutional Law, why do we spend so much time looking at the U.S. Supreme Court? Shouldn’t we spend most of our time looking at what the U.S. Constitution “says,” rather than what one Court says it means? Marbury v. Madison is one of the great decisions of the Supreme Court? What are the facts? The issues? The decisions on the issues? The ultimate decision? (Who wins and who loses?). The reasoning? Who is John Marshall and why is he important?
January 29. Text 76-94. What is judicial review? Is it an example of “checks and balances” among the three federal branches? An example, as well, of the division of power between the federal government and the states (i.e., federalism)? Does the U.S. Constitution explicitly give the U.S. Supreme Court the power of judicial review? The power to be the final interpreter of the Constitution? Do other courts have the power of judicial review of the U.S. Constitution?
*January 31. No Class (and no office hours). (Class will be made up by a two-hour, end-of-term review).
February 5.Text 94-116. How easy is it to get the Supreme Court to hear your case?
February 7. Text 117-125. The Supreme Court and the Federal Judiciary. (Brief Review if time permits).
*February 12. Midterm exam (covering assignments January 15 through Feb. 5).