Political Science 345

Course Description Social Science Curriculum Course Work and Evaluation Course Textbooks Suggested Study Methods

COURSE DESCRIPTION: The objective of this course is to provide a comprehensive perspective of the scope of personal freedom protected under the United States Constitution. In order to fully understand constitutional law, it is necessary to organize this material into three areas: (1) Freedom of Expression, (2) Due Process of the Law, and (3) Equality Under the Law. Section One introduces the historical development of the power of judicial review and the way the Supreme Court has interpreted the Bill of Rights as protecting civil liberty. Detailed attention is devoted to the protection of freedom from government interference with individual choices about religion, politics, speech, press, assembly, and association. Section Two covers how the concept of due process of law has been construed by the Supreme Court to impose substantive and procedural restraints on government officials. Basic principles are explained from the standpoint of the regulation of private choices and the criminal justice process with regard to stops, frisks, searches, arrests, interrogations, prosecutions, trials, and punishment. Section Three examines civil rights and the efforts of the Supreme Court to guarantee the freedom of everyone to receive equal treatment from the public and private sectors. Judicial standards of equality are examined within the context of discrimination based on race, gender, illegitimacy, disability, age, wealth, and alienage. By focusing on these general areas, the course will provide students with an opportunity to accomplish the following objectives: A. To develop critical thinking about how and why a balance must be maintained between preserving a peaceful society and protecting individual freedom. B. To provide a perspective of the power of judicial review and the protection of the freedom of individuals to express their vision of the good life. C. To understand the principles of due process, ranging from the regulation of personal choices to the detection, prosecution and punishment of criminals. D. To explain the struggle to protect the freedom of individuals to compete on an equal footing for social, economic, and political opportunities.
SOCIAL SCIENCE CURRICULUM: The relationship between this course and the social sciences is twofold. Constitutional Law fulfills an elective requirement for a baccalaureate degree in Justice Studies and Political Science/History. It also reinforces the educational role of the Division of Social Sciences. The social sciences—anthropology, economics, sociology, philosophy, psychology, political science and history—provide a comprehensive understanding of society and human behavior. Such an interdisciplinary paradigm provides answers to the empirical question of how society works and the normative question of how society should work. Perhaps no other field of inquiry is more important to human beings than social science. It explains not only the dynamic conditions of human life, but also the opportunities available to the world for improving such conditions. A scientific knowledge of society and human behavior is as important as learning about mathematics, chemistry, physics, biology, engineering, medicine, law and other disciplines. The instrumental benefits of understanding how to construct automobiles, perform surgeries, or make computers are hollow unless people can be part of a society where humans experience happy, meaningful, and satisfying lives. Such a liberal arts philosophy permeates the entire course offerings of the Social Sciences Division. Its overall curriculum, as reflected within this particular course, is designed to accomplish the following learning outcomes: A. To develop critical thinking about how and why a social scientific approach is used to more thoroughly understand the complexities of human behavior. B. To provide an interdisciplinary perspective about social science within the context of the nature, growth, structures, and functions of societal life. C. To understand the development and application of the theoretical frameworks associated with the various disciplines which make-up the social sciences. D. To explain the historical struggle of humans to pursue the "good life" free from the cultural, political, and economic problems of American society.

COURSE TEXTBOOKS: The reading materials required for the course include Thomas Hensley, C. Smith, and Joyce Baugh, The Changing Supreme Court: Constitutional Rights and Liberties (Los Angel: Wadsworth Publishing Company, 1997) and David O’Brien, Lanahan Readings in Civil Rights and Civil Liberties (Boston: Lanahan Press, 1999). In writing these texts, the authors have concentrated on the way the Supreme Court has oftentimes entertained irreconcilable interpretations of constitutional provisions. The Changing Supreme Court uses brief excerpts from judicial decisions to evaluate the issues, rationales, and significance of the cases which spell out the constitutional relationship between government power and individual freedom. The Anthology provides a more detailed analysis of the proper institutional role of the Court and the proper scope of civil liberties and civil rights within a democratic society. These textbooks go beyond simply presenting general information about constitutional law. They also explain how justices reach different results according to their attitudinal perceptions of the law within the context of case facts. Other recommended resources include:

A. Henry J. Abraham and Barbara Perry, Freedom and the Court: Civil Rights and Liberties In the United States (New York: Oxford University Press, 1994).

B. Lucius Barker and Twiley Barker, Jr., Civil Liberties and the Constitution: Cases and Commentaries (Englewood Cliffs, New Jersey: Prentice Hall, 1994).

C. Johnathan Domino, Civil Rights and Civil Liberties: Toward the Twenty-First Century (New York: HarperCollins Publishers, 1994).

D. David M. O’Brien, Constitutional Law and Politics—Civil Liberties and Civil Rights, 2nd ed. (New York: W.W. Norton & Company, 1995).

E. J.W. Peltason, Corwin's and Peltason's Understanding the Constitution, 13th ed. (San Antonio, Texas: Harcourt Brace College Publishers, 1994).

F. Gene T. Straughan, How the First Amendment Protects Religious Liberty: From the Founding to the Rehnquist Court (Moscow: University of Idaho, 1998).

COURSE WORK AND EVALUATION: The work requirements for this course consist of a research project and three exams—each of which are worth 100 points and amount to 400 course points. The tests will be made up of two comprehension questions and an application question worth 33 + 1/3 points each. The topic of the paper will be developed by the student and approved by the instructor. The research must examine a current dilemma of American constitutional law and consider how the judicial system has dealt (empirical component) and should deal (normative component) with the situation. The paper must draw from at least five academic sources, including one from a scholarly journal. In addition, the students may receive extra credit by taking part in class discussions and completing any of the end-of-section questions worth six points each. Students are also required to write course assignments in their own words, except for those few occasions where they find it necessary to quote and cite authorities. The course work is structured to evaluate not only the student's knowledge and application of the subject, but also his or her ability to analyze and synthesize it. In terms of the grading scale, the research paper will account for 25% of the course grade and the examinations 75% (or 25% for each test) with the following breakdown:

Grade In Course	Percent of Total	Range of Points
A+	100-97%	400-388
A	96-93%	387-372
A-	92-90%	371-360
B+	89-87%	359-348
B	86-83%	347-332
B-	82-80%	331-320
C+	79-77%	319-308
C	76-73%	307-292
C-	72-70%	291-280
D+	69-67%	279-268
D	66-63%	267-252
D-	62-60%	251-240
F	59-00%	239-000

SUGGESTED STUDY METHODS: No method of study can meet the diverse needs of each student. Still a number of strategies can be used to gain a better perspective of the subject. Before attending class the students need to read the materials and brief the corresponding court cases from the assigned readings. This will allow students to familiarize themselves with the focus of the lectures and at the same time enable them to digest the judicial decisions. After the students have finished the readings, they should outline the material in order to fully understand the principles and issues of constitutional law. When outlining the students should brief the important case facts and judicial positions emerging from the judicial opinions. This will help the students to concentrate on what constitutional issues were raised by each case and how the justices went about resolving them. The next important strategy is to attend class. After all, the classroom is where the greatest amount of learning takes place through an open dialogue of the subject. Plus the examination questions will be taken directly from the lectures and readings. It is important to realize that students learn what they read and write about on a regular basis. So the key to unlocking the doors of American constitutional law is to take the assignments seriously.