U.S. Constitutional Law and Politics

U.S. Constitutional Law and Politics PS 580

Instructor: Troy Gibson Contact Information:  Office hours: TT 9-11 or by appointment  E-mail – [email protected]  Office phone: 228-867-2607  Office location: Room 304 Course website: ocean.otr.usm.edu/~w487033

Course Description The Constitution of the United States presents the boundaries of American politics. It outlines the legal relationships between the three branches at the national level, the national and state governments, and the individual and the state. To be discussed in this course are cases, controversies, constitutional interpretation, and the politics of judicial decision-making.

Attendance While attendance will not be taken daily, missed quizzes and assignments will result in a zero and can not be replaced. However, I will drop your lowest daily grade at the end of the semester. Missed exams will not be made up without a documented excused absence. If you must miss class, notify me well in advance. Always consult the course website and contact me for any missed assignments.

Course Requirements Midterm Exam: 25% Final Exam: 25% Research Paper*: 25% Daily Grades (includes quizzes, assignments**, and participation***): 25%

Required Texts O’Brien, David. Constitutional Law and Politics, v1 (5th edition). NY: Norton. Other reading materials will be provided or on reserve in the library.

Course Outline and Readings Week of: Jan 13 15 – Introduction to course, history of the constitution Jan 20 22 – Case Briefing, Ch. 1 Judicial Review and Interpretation Jan 27 29 – Continue Ch. 1, Ch. 2 Jurisdiction and Decision-making Feb 3 5 – Ch. 3 Presidential Power: Foreign Affairs Feb 10 12 – Ch. 4 Presidential Power: Domestic Affairs Feb 17 19 – Presidential Powers continued Feb 24 26 – Movie: This Honorable Court March 2 – Review March 4 – Midterm Exam March 9 11 – Ch. 5 Congress: Membership, Immunities, Investigations March 16 18 – Spring Break!! March 23 25 – Ch. 6 Congress: Legislative, Taxing, and Spending Powers March 30 April 1 – Congress continued April 6 8 – Ch. 7 The States and American Federalism April 13 15 – States continued April 20 22 – Ch. 8 Representative Government, Voting Rights, and Electoral Politics April 27 29 – Ch. 9 Economic Rights and American Capitalism May 4 6 – catch up and review See final exam schedule for the Final Exam time.

This outline is an estimate and is subject to change as necessary during the course.

*Research Paper Instructions: 1. Suggested Topic List: a. Compare the interpretation styles/judicial philosophies of two former justices of the United States Supreme Court. b. Trace an area of case law discussed in class to the present and provide an argument for how the court should or will develop this area of case law in the future. 2. The paper should be 12-15 pages long; references should be properly cited in text and in the bibliography. Provide a cover page with title, name, and student ID#.

**Case Briefings: Everyone will be required to formally brief 2 cases. Any of the cases studied in class are acceptable. Use the formal guidelines specified on page 1003. These briefings must be turned in by April 27, 2004.

***Case Discussions: When feasible, half of the class will be responsible for defending the majority opinions and the other half will be responsible for defending the minority opinions (dissents and concurring). Be prepared to respond weekly. I reserve the right to call on you individually. We will switch responsibilities after the midterm.

If a student has a disability that qualifies under the Americans with Disabilities Act and requires accommodations, he/she should contact the Office for Disability Accommodations (ODA), for information on appropriate policies and procedures. Box 5128; voice telephone or TTY 214-3232.