GOVERNMENT/HISTORY 449
CONSTITUTIONAL DEVELOPMENT I
Fall, 2008
Dr. Donald N. Schroeder
Office: D. Rich #107
Office Hours: 3-4 MW; 2-3 TTh, or by appointment
Phone: 893-1486
E-Mail: schroeder@campbell.edu
Course Objectives
This is the first 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.
These purposes are consistent with the purpose & mission of
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 1/5
Exam #2 Identification, short-answer and 1 essay 1/5
Final In-class case opinion and two
essays 2/5
The instructor reserves the right, however, to change the testing policy to include a series of unscheduled "pop quizzes" should it become necessary.
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 the office of Student Support Services located in the University’s Hight House.
Texts
Craig R. Ducat, Constitutional Interpretation I,
Ninth Edition [Reading assignments in Ducat refer to the listings in the table
of contents of the casebook.]
Briefing A Case (PDF Document)
A Guide for
Written Work, by the Faculty of the Department of Government, History
& Justice.
I. Introduction: The Nature of Constitutionalism
II. Judicial Power
A. The Supreme Court's Jurisdiction and Its Assumption of Judicial
Review
Read: Ducat, Chapter 1 a.
B. Institutional Constraints on Judicial Problem
Solving
Read: Ducat, Chapter 1 b.
III. The
Modes of Constitutional Interpretation
Read: Ducat, Chapter 2.
IV. Legislative Power
A. The Sources and Scope of Legislative Power
Read: Ducat, Chapter 3 a.
B. Delegation of Legislative Power
Read: Ducat, Chapter 3 b.
C. The Power to Investigate
Read: Ducat, Chapter 3 c.
D. The Speech or Debate Clause
Read: Ducat, Chapter 3 d.
EXAM #1
V. Executive Power
A. The President's Appointment and Removal Power
Read: Ducat, Chapter 4 a.
B. The Scope of Executive Power
Read: Ducat, Chapter 4 b.
C. Executive Authority in the Conduct of Foreign
Affairs
Read: Ducat, Chapter 4 c.
D. George W. Bush & the Concept of the
Unilateral Presidency
Read: Ducat, Chapter 4 d.
VI. Powers of the National Government in the
Federal System
A. The General Scope of Congress's Power to Regulate Interstate
Commerce
Read: Ducat, Chapter 5 a.
B. Congress's Power to Regulate Production Under
the Commerce Clause
Read: Ducat, Chapter 5 b.
C. Rekindling Dual Federalism: The Rehnquist Court
Read: Ducat, Chapter 5 c.
D. The Taxing and Spending Power
Read: Ducat, Chapter 5 d.
EXAM #2
VII. The Regulatory Power of the States in the
Federal System
Read: Ducat, Chapter 6.
VIII. Property Rights and Economic Liberties
A. The Contract Clause and the State Police Power
Read: Ducat, Chapter 7 a.
B. The Life and Death of "
Read: Ducat, Chapter 7 b.
C. The Regulation and "Taking" of
Property
Read: Ducat, Chapter 7 c & d.
FINAL EXAM