COURSE SYLLABUS FOR CONSTITUTIONAL LAW: FEDERAL SYSTEM

Political Science 321/621 3 Ug 4 g Credits

Fall 2004 Mon. Wed. Fri. at 10 a.m. 422D Rieveschl

Course Description:

Constitutional Law is offered as a three-course sequence. In fall quarter the "Federal System" introduces constitutionalism, the allocation of judicial, legislative, and executive powers in the national government, and the division of authority between national and state governments in the federal system. Materials on judicial power and elections relate directly to the decision in Bush v. Gore; the war on terrorism/Iraq has renewed constitutional litigation over executive power. In winter quarter students should complete the sequence by taking 322 "Civil Rights" and in spring 323 “Civil Liberties.” Students who have not completed introductory American politics and a 200 level intermediate public law course should not attempt this advanced offering in Constitutional law. This course fulfills the General Education Breadth of Knowledge (BoK) areas of Social Sciences and Social & Ethical Issues and promotes the development of the following Baccalaureate Competencies: Critical Thinking, Effective Communication, and Social Responsibility.

Texts:

Lee Epstein and Thomas Walker, Constitutional Law for a Changing America: Institutional Powers and Constraints 5 th ed.

Recommended: NY Times, $17.50 Home Delivery Mon-Fri 10 wks; $42 7 days

Instructor:

Howard Tolley, 556-3316 Office Hours 1114 Crosley Mon. Wed. 1 – 3 p.m and by appointment Email: Howard.Tolley@UC.edu

In addition to assisting students in this course, the instructor is available for academic advising and placement counseling for pre-law students, political science and international affairs majors, Honors Scholars and any students interested in Semester-at-Sea, Co-op, internships, Model UN. Go to http://homepages.uc.edu/~tolleyhb for links to advising references.

Requirements: Per Cent of Grade Points

Class Attendance, 4% 15

Participation, Recitation 5% 20

Two Homework exercises CALI/IRAC + brief 7% 30

Paper Abstract, Outline + Preliminary Bibliography 3% 15

Final Term Paper + Oral Argument* 25% 100

Mid-Term Test 25% 100

Final Examination** 30% 120

Students should expect to spend two hours in outside preparation for each one- hour class meeting. The instructor will call on students each class for answers to questions on the reading--come prepared. Students in the honors program may arrange a writing contract for the paper. *Graduate students must complete an additional writing assignment; **PhD candidates in political science must also take an oral final exam. Instructor’s grade distribution in 9 classes, Summer 2000—Winter 2002 (13% W passing not included): A: 16%; A-: 4% B+: 4.3% B: 34% B-: 5%; C+ 9.7%; C: 17% C-: 5.8% D: 1%; UW: 3.3%

Attendance Policy:

Regular attendanceis expected and is essential for participation/recitation. In exceptional circumstances every student will need to miss class for reasons they alone determine. No explanation must be given--there are no excused or unexcused absences. All absences are treated equally. No specific number of absences results in a grade penalty. Points earned by class attendance are added together with scores from all assignments and exams to compute a point total that determines a final grade. A student attending 90% of the classes (27 of 30) would have an "A" grade for the attendance component. After missing a class, always check with a classmate for notes and special announcements. If you must leave any class early, please go quietly without asking permission, offering an explanation, or requesting an excuse.

Withdrawal Policy:

Students who withdraw by Wednesday November 3, will all be assigned a grade of "W", even if they have not attended class or done homework. Thereafter, any student who is failing will be recorded as "Withdraw-F". Under college policy, a student who is passing can still withdraw up

until Thursday November 18 without penalty.

In-Class Recitation, Online Conferencing:

The instructor will regularly call on students in class to answer questions about assigned readings. Blackboard, the U.C. internet classroom assistant, will be used for email, link sharing and an electronic bulletin board for posting messages/papers. http://blackboard.uc.edu. Post a one-paragraph bio of yourself following the link for Communication, Discussion Board, Student Bios. The instructor will post on the electronic bulletin board for all students’ answers he gives to any students raising questions by e-mail. All current and prospective POL and INTA majors are expected to join the department listserv, at http://listserv.uc.edu/cgi-bin/wa.exe?SUBED1=uc-pos&A=1 . If you encounter any difficulty contact Professor Moore at 556-3376, Thomas.Moore@UC.edu

TWO HOMEWORK ASSIGNMENTS

IRAC Legal Analysis

Complete the Legal Research and Writing online exercise “ Learning Legal Analysis Through Its Components: Issue, Rule, Application, Conclusion—IRAC” from the CD-ROM on Langsam overnight reserve in multimedia services. Compute and print out your score to turn in for homework. All papers received will be awarded identical full credit, no matter what score is awarded.

Brief

Each student will prepare a one page brief of a major Supreme Court decision prepared after reading the excerpt in the text and if possible listening to the oral argument. Audio of Supreme Court oral argument is available online at http://oyez.nwu.edu/ that can be heard with Real Audio. Students may select any case of interest, and are encouraged to find one related to their advocacy paper. The brief of no more than 1 page should follow the model in the text at p 691, adding to #4 the coutcome in the lower courts. Turn in the brief at the start of class on the day the case selected is assigned for class discussion

Advocacy Papers and Class Debates

Each student must complete a paper of 5-6 typed pages (no less than 1300 words) and participate in a class debate with other students who have written on the same case. The paper will support class participation in oral argument involving a case pending in the Supreme Court or a recent decision. Department majors eligible for high honors (3.6 GPA) may do work in preparation for a senior thesis. U.C. Honors Scholars may undertake a writing contract.

Abstract, Outline, and Bibliography All students must submit a draft outline of their paper in IRAC form along with a preliminary list of references , and 200 word summary of the opposing views on the subject. In addition to the course text, the bibliography must include secondary sources such as a journal providing scholarly analysis and original/primary sources—judicial decisions, briefs by parties or interest groups, government documents. The text identifies appropriate references at the end of each chapter and direction to sources online. The instructor’s homepage and Blackboard course page offer links to legal resources. http://homepages.uc.edu/~tolleyhb/

Balanced Conclusion After presenting evidence and argument on both sides of the issue, the paper should offer a well-reasoned conclusion in support of one position. The paper should be well supported with citations and notes to assigned readings, and other legal references. A reference page should list separately all primary and secondary sources consulted, including course text. All papers must provide footnotes/endnotes and a complete list of references using proper citation style for books, court cases, internet sites, and journal articles. When citing materials found online, in addition to http://www. . . . indicate the source, author if provided, title of the material and the most recent date of your internet visit.

Co-counsel Students conducting research on the same case may collaborate on advance research. Papers may be collaborative projects with other members of a team as long as each student completes a distinct paper for an individual grade.

Research : See text p. 48 "Research on the Supreme Court. Consult the full text of Supreme Court decisions, at least one law journal article, listen to oral argument if available, and view documentary videos. Court decisions are at http://www.law.cornell.edu/supct/ Many law journal articles can be downloaded from the internet. Findlaw.com is an excellent search tool. The Index to Legal Periodicals and periodical abstracts is online www.libraries.uc.edu LEXIS-NEXIS Academic universe is valuable. Langsam Library has the full opinions in Lawyer's Edition and a few major law reviews. The U.C. Law Library also has U.S. Reports, The Supreme Court Reporter, the Index to Legal Periodicals and most law reviews. All papers must provide a complete list of references using the same citation style for books, court cases, internet sites, and journal articles found in the text.

Proper Citations and Academic Honesty When your paper directly quotes material from the text, a court opinion, law journal or other source, use quotation marks to identify all copied phrases and then give the correct page citation or the internet site address and date of visit. Give the full citation--author, title, journal, date, page. The instructor’s advising website http://homepages.uc.edu/~tolleyhb has links to writing resources including guidance on citation.

Two Warnings: 1) Plagiarism is an automatic F, and the instructor will use tracking software to identify copied material. Examples of unacceptable plagiarism can be reviewed at: http://www.indiana.edu/~wts/wts/plagiarism.html#original U.C. procedures and penalties for academic misconduct are detailed at www.soa.uc.edu/life/conduct. UC library help is at http://www.uc.edu/cetl/plagiarism.html 2) Papers turned in after the deadline will receive no more than 50% credit and cannot earn a passing grade.

Oral Argument.

Each student will make a 5 to 10 minute oral argument in a class debate on the case. Draft arguments must be posted on Blackboard the day before class debate and sent to all in the class by email for advance preparation. Submit a printed version in class.

Cases for Advocacy Papers and Oral Argument

ELECTION CASES

Bush v Gore Decided by the Supreme Court in 2000 resolving the award of Florida’s electoral votes to determine the Presidential election results.

Jackson vs. Perry ( see 2004 decision inVieth vs. Jubelirer,) Supreme Court denied immediate relief to Democrats after Texas Republicans redistricted.

http://www.brennancenter.org/programs/dem_vr_lit_session.html

PRESIDENTIAL AND CONGRESSIONAL WAR POWER

Reference links available at http://news.findlaw.com/legalnews/us/terrorism/cases/

Military Detention of U.S. Nationals for trial in Special Tribunals

Hamdi v. Rumsfeld. Classified as enemy combatant, U.S. national denied access to federal court following arrest in Chicago. http://clca.cqpress.com/powers/Hamdi.htm

http://laws.findlaw.com/US/000/03-6696.html Oral arguments may be found at: www.oyez.org/oyez/frontpage

Rights of non-citizens detained by U.S. at Camp X-Ray, Guantanamo Cuba

Rasul et al. v. Bush et al: U.S. District Court opinion, July 31, 2002 Petition for Writ of Habeas Corpus Filed by the families of an Australian and two Britons held by U.S. forces in Guantanamo Bay.

SEPARATION OF POWERS US v Booker 04-104 and US v Fanfan 04-105 (See 2004 decision inBlakely v Washington) Oral argument scheduled for Monday Oct. 4 to determine constitutionality of federal sentencing guidelines directing judges to enhance sentences based on facts not decided by jurors.

STATES RIGHTS Germany v. U.S. 1999 Supreme Court decision execution of a German national in Arizona’s gas chamber following world court provisional order calling for a stay. available at oz.uc.edu/thro

COMMERCE POWER Ashcroft vs. Raich, 03-1454 Issue: Does the Controlled Substances Act, 21 U.S.C. 801 et seq., exceeds Congress's power under the Commerce Clause as applied to the intrastate cultivation and possession of marijuana for medical use in California.

Assignments (May be modified at the discretion of the instructor)

STUDENT INFORMATION FORM FOR CONSTITUTIONAL LAW FALL 2004

Name ____________________________________ Year/Class ________________

Major ___________________ E-mail address _______________________________

College at U.C. _________________________ U.C. Honors Scholars Program? YES NO

Home City and State __________________________________ Voter? YES NO

Related Coursework--Check courses taken

American Government Judicial Process U.S. Supreme Court

Human Rights Business Law International Law

Civil Rights Civil Liberties Other _______________________________________

Total number of credit hours to be taken at U.C. this term: ____________ Pre-Law? YES NO

If employed, how many hours per week during this term: _________________

Would you like a U.C. library training session in how to use internet to access court opinions, law

journal articles, and related legal materials? YES NO

Oral argument at the 6th Circuit Court of Appeals in the U.S. Post Office and Court House at 5th and Main St. downtown extends from 9 a.m. – 11 a.m. Oct. 25-Nov. 5. Four cases to be argued en banc Dec. 8. Circle one to indicate whether you would like to attend exam week, Wednesday Dec. 8 if Con Law exam is rescheduled YES MAYBE NO

ADVOCACY PAPER OPTIONS

Identify your choices for the advocacy paper and oral argument by circling either 1 st or 2 nd to indicate any preference for class debate and then check A or B to indicate which side you prefer. If possible, every student’s first choice will be assigned, although a few individuals may be asked to work on a different problem or play another role. Students without strong preferences who leave items blank will be assigned as necessary.

1 st 2 nd Bush v. Gore

___ A. Counsel for Democrats ___ B. Counsel for Republicans

1 st 2 nd Jackson v. Perry

___ A. Counsel for Democrats ___ B. Counsel for Republicans

1 st 2 nd Hamdi v. Rumsfeld

___ A. Counsel for Hamdi ___ B. Counsel for Rumsfeld

1 st 2 nd Rasul et al. v. Bush et al:

___ A. Counsel for Rasul ___ B. Counsel for Bush

1 st 2 nd U.S. v. Booker/Fanlan

___ A. Counsel for Booker/Fanlan ___ B. Counsel for U.S.

1 st 2 nd Germany v. U.S.

___ A. Counsel for Germany ___ B. Counsel for U.S.

1 st 2 ndAshcroft v. Raich

___ A. Counsel for Raich ___ B. Counsel for Ashcroft

On the back of this form, please provide whatever additional information you care to share might be relevant: schools previously attended, law related experience, employment, internships, club or organization memberships, travel, other interests, strengths, weaknesses. On Nicenet post a one paragraph mini-bio for review by others in the class. (Individuals with learning disabilities or a physical handicap should arrange with the instructor for necessary accommodations in class and/or assignments and examinations.)

Jackson vs. Perry (Vieth vs. Jubelirer ,)

http://www.brennancenter.org/programs/dem_vr_lit_session.html

injunction denied

US v Booker 4-104 and US v Fanfan 4-105 (Blakely v Washington) Monday Oct. 4

Hamdi v Rumsfeld http://clca.cqpress.com/powers/Hamdi.htm

Hamdi v. Rumsfeld ___ u.s. ___ (2004)

http://laws.findlaw.com/US/000/03-6696.html

Oral arguments may be found at: www.oyez.org/oyez/frontpage

Ashcroft vs. Raich, 03-1454

03-1454 ASHCROFT, ET AL. V. RAICH, ET AL. QUESTION PRESENTED Whether the Controlled Substances Act, 21 U.S.C. 801 et seq., exceeds Congress's power under the Commerce Clause as applied to the intrastate cultivation and possession of marijuana for