PLS 306 Constitutional Law I: Federalism and Separation of Powers
Mark J. Richards, Ph.D.
Fall 2011, TR 1-2:15, D1233 MAK
Office Hours in 1106 ASH: Tu 10-1, or by appointment. I will also have office hours Th 11-1 in PERL/International House, first floor faculty office, 104 Murray Living Center (GVSU's pre-law & international residence hall, located in Murray Living Center, next to Honors.)
E-mail: richardm@mail.gvsu.edu
Blog: http://freespeechpolitics.blogspot.com
Voice mail: 331-3457
E-mail: richardm@mail.gvsu.edu
Blog: http://freespeechpolitics.blogspot.com
Voice mail: 331-3457
Course Description: Federalism and separation of powers. This course examines the constitutional foundations of the power relationship between the federal government and the states, among the three branches of the federal government, and between the government and the individual, with special emphasis given to the role of the Supreme Court in a democratic political system. Prerequisite: PLS 102 or junior standing.
Course Objectives- Understand how the U.S. political system and the Supreme Court relate to the concept of democracy
- Understand how the constitutional foundations of separate powers and federalism
- Understand the constitutional sources of presidential, congressional, state and national power
- Understand how the Constitution structures voting rights and electoral politics
- Make logical and consistent arguments
- Think critically and analytically
- Clearly express your opinions, both orally and in writing
- Articulate opposing viewpoints and respond to them
Course Requirements
Grades: Grades will be determined by the following:
5%: debate
30%: oral argument paper
10%: participation in class discussions
5%: attendance
30%: analytic research paper
10%: exam 1
10%: exam 2
You must complete all components, including the oral and written components of the oral argument and debate, to receive a passing grade.
Grade penalties will be imposed for late assignments. Make-up exams will not be given unless exceptional circumstances prevail. Leaving town early for vacation does not qualify as an exceptional circumstance.
Democracy Theme: This course is part of the Democracy General Education Theme.
Democracy Theme Objectives:
-Explore various definitions and concepts of democracy. The student will be able to explain how U.S. Supreme Court rulings have shaped the types and aspects of American democracy, such as varying conceptions of federalism and the separation of powers among the legislative, executive and judicial branches.
-Examine the role of the individual in democracies. The student will be able to evaluate the effect of U.S. Supreme Court rulings on the role of the individual in American democracy in areas such as voting rights.
-Analyze how social institutions embody democratic ideals, for example, legal, economic, civic, scientific, and educational institutions. The student will be able to analyze the extent to which democracy is embodied in the U.S. Supreme Court, Congress, the presidency, and state governments.
General Education Objectives:
This course is part of GVSU’s General Education Program. The goal of the program is to prepare you for intelligent participation in public dialogues that consider the issues of humane living and responsible action in local, national, and global communities.
The program is designed to increase your knowledge and skills in the following areas:
Knowledge Goals
1. The major areas of human investigation and accomplishment - the arts, the humanities, the mathematical sciences, the natural sciences, and the social sciences.
2. An understanding of one's own culture and the cultures of others.
3. The tradition of humane inquiry that informs moral and ethical choices.
Skills goals
1. To engage in articulate expression through effective writing
2. To engage in articulate expression through effective speaking.
3. To think critically and creatively.
4. To locate, evaluate, and use information effectively.
5. To integrate different areas of knowledge and view ideas from multiple perspectives.
Grading policy:
The grades of "+" and "-" reflect variation among these categories.
A: The grade of A indicates the student has made an excellent effort, demonstrated thorough knowledge of the lecture materials and readings, and integrated knowledge in an analytic, concise, and cogent manner. The grade of A reflects that the student's work was superior with respect to all of these considerations, as compared to nearly everyone else in the class.
B: The grade of B indicates that the student has made an excellent effort, demonstrated solid knowledge of the lecture materials and readings, and integrated knowledge in an analytic, concise, and cogent manner. The grade of B reflects that the student's work could have been significantly improved with respect to at least one of these considerations.
C: The grade of C indicates that the student has made an average effort, demonstrated acceptable knowledge of the lecture materials and readings, and showed some integration of knowledge in an analytic, concise, and cogent manner. The grade of C reflects that the student's work could have been significantly improved with respect to at least two of these considerations
D: The grade of D indicates that the student has a serious deficiency in terms of at least one of the following factors: effort, knowledge of lecture materials and readings, and integration of knowledge.
F: The grade of F indicates that the student has a serious deficiency in terms of at least two of the following factors: effort, knowledge of lecture materials and readings, and integration of knowledge.
Grading scale
93-96 A
90-92 A-
87-89 B+
83-86 B
80-82 B-
77-9 C+
73-76 C
70-72 C-
67-9 D+
60-66 D
0-59 F
Preparation and participation: You should have the day’s readings completed before you attend lecture, and should be prepared to discuss the readings. The amount of reading is quite reasonable for a 300-level political science course. You will be able to better understand lectures if you are prepared.
Grading for participation is based on the quantity and quality of participation and assessed according to the professor's discretion. Attendance is graded separately. A complete absence of participation results in a grade of zero for the participation component of the course. A general guideline is that students seeking an average grade for participation (B-) should participate meaningfully at least once per lecture topic, although this will vary depending on the nature of a particular class session.
Classroom Etiquette: When we are present in the classroom we are here to learn about the course subject and participate in the class. I have found that some types of behavior can be detrimental to your own learning or that of your peers. In order to foster an atmosphere of participation and learning, I have developed the following guidelines:
1. Use of any any electronic device (e.g. computers, phones, etc.) is permitted only for the purposes of this class.
2. Please be polite and do not talk or whisper when other people are talking.
3. Please do not do any work or activity not related to the course (e.g. reading newspaper or doing work for another course).
4. If you need to leave the class early, please let me know in advance.
5. Please do your best to arrive on time.
Failure to comply with these guidelines will negatively impact your participation grade, determined at my discretion.
Lecture outlines: Outlines of lectures will be available at the course blog:
http://freespeechpolitics.blogspot.com
Keep in mind that these are only outlines, and you are still responsible for taking supplementary notes. The outlines are meant to facilitate your note taking and understanding, but are not a substitute for reading and participating in class.
Honesty: I expect full compliance with all GVSU policies and regulations regarding academic misconduct and plagiarism (see the GVSU Catalog and the Student Code). Please talk to me if you are having a problem. Don’t risk your reputation.
Access: If you have questions about anything related to the course, please visit or call during office hours, send e-mail, or set up an appointment.
Accommodations: If there is any student in this class who has special needs because of learning, physical or other disability, please contact me and Disability Support Services (DSS) at 616.331.2490. Furthermore, if you have a disability and think you will need assistance evacuating this classroom and/or building in an emergency situation, please make me aware so I can develop a plan to assist you.
Attendance policy: Attendance is an integral part of your university education. Interacting with your instructor and your peers is essential to your education. Attendance is worth 5% of your overall course grade, unless you miss 6 or more courses (resulting in an F for the course), and is determined by the policy elaborated here.
Certain assignments may require your mandatory attendance.
I will pass around an attendance sheet at the beginning of each class. Sign it when you are present. There is no need to provide a reason or excuse for your absence as all absences affect your attendance grade. Keep in mind you can miss two classes and still get an A for attendance so try to save those two absences for anything important.
Absences for events related to GVSU athletics, student organizations, etc. must be supported by signed documentation from, as appropriate, a coach, designated staff, or faculty advisor.
The grading scale for attendance:
0 absences: 100
1-2 absences: A (95)
3 absences: B (85)
4 absences: C (75)
5 absences: D (65)
6 or more absences: FAIL THE COURSE
Pre-law advising: I am a pre-law advisor for GVSU. Any students interested in attending law school should consult the pre-law FAQ on my course blog:
Course Material:
The following required book will be available at the bookstore:
1. David M. O'Brien. 2008. Constitutional Law and Politics, vol. one: Struggles for Power and Governmental Accountability. 7th Edition.
Some additional reading material in electronic form will be assigned during the semester.
Course Outline and Reading ListThe following required book will be available at the bookstore:
1. David M. O'Brien. 2008. Constitutional Law and Politics, vol. one: Struggles for Power and Governmental Accountability. 7th Edition.
Some additional reading material in electronic form will be assigned during the semester.
Notes: All Supreme Court case names refer to case opinions in the O'Brien texts (see table of contents or index of cases, bold font). I will also assign additional readings from the O'Brien texts that are not limited to particular cases, and these are indicated by page numbers.
All other readings are found on the course website under lecture outlines.
I. Judicial Review and Democracy
Tu 8/30: Introduction
The U.S. Constitution, O'Brien pp. 1-21
Th 9/1: Judicial Review and Democracy
Marbury v. Madison (1803)
Tu 9/6: Labor Day Holiday (no class)
Th 9/8: Liberty of Contract
O'Brien pp. 1020-1032
Lochner v. NY (1905)
West Coast Hotel Co. v. Parrish (1937)
Tu 9/13: Theories of Constitutional Interpretation
O'Brien pp. 23-27, 66-97, 174
Th 9/15: Jurisdiction and Justiciable Controversies
O'Brien pp. 102-128
Hein v. Freedom from Religion Foundation, Inc. (2007)
Elk Grove Unified School District v. Newdow (2004)
Baker v. Carr (1962)
Goldwater v. Carter (1979)
II. President and Foreign Affairs Power
Tu 9/20: Two Views
O'Brien pp. 232-240
U.S. v. Curtiss-Wright Corp. (1936)
Youngstown Sheet and Tube v. Sawyer (1952)
Dames and Moore v. Regan (1981)
Th 9/22: War-Making Powers
O'Brien pp. 264-269
The Prize Cases (1863)
War Powers Resolution (pp. 325-330)
Tu 9/27 Legal Policy Debates 1 & 2
Th 9/29: Emergency Powers and Civil Liberties
Ex Parte Milligan (1866)
Korematsu v. U.S. (1944)
Tu 10/4: Recent Issues in the War on Terror
O'Brien pp. 269-276
Hamdi v. Rumsfeld (2004)
Rasul v. Bush (2004)
O'Brien, pp. 330-337
Hamdan v. Rumsfeld (2006)
Th 10/6 Legal Policy Debates 3 & 4
III. Oral Argument
Readings on oral argument, conference deliberations, opinion writing, and opinion days: O'Brien pp. 181-190
Tu 10/11 – Tu 10/18
IV. Presidential Accountability and Immunities
Th 10/20: Presidential Accountability and Immunities
Oral Argument Paper Due
O'Brien, pp. 453-460
US v. Nixon (1974)
Clinton v. Jones (1997)
V. Separation of Powers
Tu 10/25: Congressional Power
O'Brien pp. 416-424
INS v. Chadha (1983)
Clinton v. City of New York (1998)
*EXAM 1
VI. Federalism
Th 10/27: Federalism
O'Brien pp. 681-691
James Madison, Federalist 39 (find it on the Internet)
Federalism: Tenth and Eleventh Amendments
O'Brien pp. 728-735
Garcia v. San Antonio (1985)
Printz v. U.S. and Mack v. U.S. (1997)
Seminole Tribe of Florida v. Florida (1996)
Alden v. Maine (1999)
Nevada Department of Human Resources v. Hibbs (2003)
VII. National and State Power
Tu 11/1: Finish Federalism
The Scope of National Power
O'Brien pp. 542-553
McCulloch v. Maryland (1819)
National Commerce Power
O'Brien pp. 585-591
Wickard v. Filburn (1941)
Heart of Atlanta Motel v. U.S. and Katzenbach v. McClung (1964)
United States v. Lopez (1995)
United States v. Morrison (2000)
Gonzales v. Raich (2005)
Gonzales v. Oregon (2006)
The Scope of National Power
O'Brien pp. 542-553
McCulloch v. Maryland (1819)
National Commerce Power
O'Brien pp. 585-591
Wickard v. Filburn (1941)
Heart of Atlanta Motel v. U.S. and Katzenbach v. McClung (1964)
United States v. Lopez (1995)
United States v. Morrison (2000)
Gonzales v. Raich (2005)
Gonzales v. Oregon (2006)
Th 11/3: Finish National Commerce Power
Commerce Power and State Power
O'Brien pp. 691-697
Gibbons v. Ogden (1824)
Cooley v. Board of Wardens (1851)
Tu 11/8 Legal Policy Debates 5 & 6
Th 11/10
VIII. Takings Clause and Just Compensation
O'Brien, pp. 1054-1059, 1077-1079
Hawaii Housing Authority v. Midkiff (1984)
Lucas v. South Carolina Coastal Council (1992)
Kelo v. City of New London, Connecticut (2005)
Hawaii Housing Authority v. Midkiff (1984)
Lucas v. South Carolina Coastal Council (1992)
Kelo v. City of New London, Connecticut (2005)
Tu 11/15 Legal Policy Debates 7 & 8
IX. Voting Rights and Electoral Politics
Th 11/17: Voting Rights and Race
O'Brien pp. 833-844; 855-864
Grovey v. Townsend and Smith v. Allwright (see O'Brien p. 876)
Shaw v. Reno (1993)
Shaw v. Hunt (1996) (see p. 897)
Hunt v. Cromartie (2001)
Tu 11/22: Campaign Finance
O'Brien pp. 906-914
Buckley v. Valeo (1976)
McConnell v. FEC (2003)
FEC v. Wisconsin Right to Life (2007)
Th 11/24 Thanksgiving Holiday
X. Research paper panels
Tu 11/29 - Th 12/8 (Exact schedule to be determined)
Exam 2: Thursday, 12/1
Research paper due: Monday, December 12, 1 p.m.
