GOVERNMENT/HISTORY 450
THE DEVELOPMENT OF THE UNITED STATES CONSTITUTION II

Dr. Donald N. Schroeder
http://www.campbell.edu/faculty/schroeder/index.htm

Office: D. Rich 107 Office Hours: 2-3 MWThF or by appointment
Phone: 893-1486
E-mail: schroeder@campbell.edu

Spring, 2007

Course Objectives

This is the second of a two semester study of major developments and cases in constitutional law as interpreted by the Supreme Court. Among the objectives of this course is not only to familiarize the student with the major cases and legal principles of constitutional law, but also to challenge the student to cultivate an ability to understand the reasoning process, itself, that is employed by those leading the development of the American constitution. Using the casebook approach, the student will be expected to read Supreme Court opinions and professional commentary and be prepared to discuss these materials in class. The student is expected to learn the course material primarily from the reading materials and points made in class discussion, not from structured lectures presented by the instructor.

Course Requirements

Your grade will be based on your performance on 3 exams, including a comprehensive final exam. The format and weight for each will be as follows:

Exam #1 Identification, short-answer and 1 essay ¼
Exam #2 Identification, short-answer and 1 essay ¼
Final Two essays & short-answer questions from a case opinion distributed during the exam period ½.

Absence Policy

Consistent with the recommendation of the Dean of Arts and Sciences, you must attend at least 90% of the classes scheduled. If athletics or some other University sponsored activity makes this impossible, discuss it with me within the first two weeks of the semester.

Academic Integrity

All students are subject to the academic integrity and behavioral expectations of the University.

Learning Disabilities

Students with documented disabilities who desire modifications or accommodations should contact Laura Rich, director of Student Support Services in the Hight House at 814-4364 or richl@campbell.edu.

Texts,
Craig R. Ducat, Constitutional Interpretation, vol. II: Rights of the Individual, Eighth Edition.
2006 Supplement for Constitutional Interpretation.
The Style Manual: Standards for Written Work, by the Faculty of the Department of Government, History, & Justice
"Briefing a Case" (PDF Document)

I.    Introduction: The Nature of Constitutionalism
Required: Essay: The Modes of Constitutional Interpretation in Ducat, pp. E1-E16 (paperback), or Chap. 2 (hardcover); The United States Constitution, Appendix.

II.  Due Process of Law
      A.    Due Process and the Federal System: Selective Incorporation
Required: Chapter 8a
      B.    The Right to Counsel
Required: Chapter 8b
      C.    The Right Against Self-Incrimination
Required: Chapter 8c
      D.    Confrontation and Cross-Examination
Required: Chapter 8d
E.     Cruel and Unusual Punishment
Required: Chapter 8e

III.  Obtaining Evidence
       A.    The Exclusionary Rule
Required: Chapter 9a
       B.    Warrantless Searches and Seizures
Required: Chapter 9b
       C.    Current Controversies in Search and Seizure Law
Required: Chapter 9c
       D.    Wiretapping and Eavesdropping
Required: Chapter 9d

IV. The Right of Privacy
    Required: Chapter 10

FIRST EXAM

V. Freedom of Speech
A. The "Clear and Present Danger" Test
        Required: Chapter 11a
    B. Time, Place & Manner Limitations
        Required: Chapter 11b
    C. Symbolic Speech
        Required: Chapter 11c
    D. Campaign Finance Reform, Corporate Speech, and Party Patronage
        Required: Chapter 11d
    E. Commercial Speech
        Required: Chapter 11e & Chapter Summary, p. 927f.

VI. Freedom of the Press
A. Censorship and Prior Restraint
        Required: Chapter 12a
    B. Obscenity
        Required: Chapter 12b
    C. Libel
        Required: Chapter 12c
    D. Fair Trial -- Free Press
        Required: Chapter 12d

SECOND EXAM

VII. Freedom of Religion
A. The Establishment Clause
        Required: Chapter 13a
    B. The Free Exercise of Religious Belief
        Required: Chapter 13b

VIII. Equal Protection of the Laws
A. Racial Discrimination
        Required: Chapter 14a
    B. "Private" Discrimination and the Concept of "State Action"
        Required: Chapter 14b
    C. Voting Rights and Electoral Discrimination
        Required: Chapter 14c
    D. Malapportionment
Required: Chapter 14d
    E. Economic and Social Discrimination
        Required: Chapter 14e

FINAL EXAM