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Willis 418, ext. 4123 |
Spring 1999 |
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POSC 302 |
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Texts:
Stanley Kutler, The Supreme Court and the Constitution
Robert McCloskey, The American Supreme Court
Earl Maltz, Civil Rights, the Constitution, and Congress: 1863-1869
All cases can be found in the Kutler book unless otherwise noted. An "R" indicates that the reading is on reserve.
Course Requirements:
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Take-home midterm |
25% |
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Final exam |
30% |
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Final paper |
35% |
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Participation |
10% |
Please note: There will be NO CLASS on the following dates: Thurs. April 1, Thurs. April 8, and Thurs. April 15, because of Passover and a conference. I will be scheduling at least two makeup classes, probably in late April and May.
Were we meeting twice a week for the term there would be nineteen classes. I have listed reading assignments by number rather than by date, as I don't know yet when the makeup classes will be. For now we'll simply take the assignments in order, one number per class, skipping the three Thursdays mentioned above.
1. Introduction
ORIGINS
2. Declaration of Independence
U.S. Constitution
Richard Hofstadter, "The Founding Fathers: An Age of Realism," in Robert Horwitz, The Moral Foundations of the American Republic (R)
Martin Diamond, "Ethics and Politics: The American Way," in Horwitz, Moral Foundations (R)
3. Michael P. Zuckert, "A System Without Precedent: Federalism in the American Constitution," in Leonard Levy and Dennis Mahoney, The Framing and Ratification of the Constitution (R)
Herbert Storing, "Slavery and the Moral Foundations of the American Republic," in Horwitz, Moral Foundations (R)
Paul Finkelman, Slavery and the Founders, ch. 5, "Thomas Jefferson and Slavery I" (R)
4. Marbury v. Madison
Eakin v. Raub
McCloskey, chs. 1-2
CIVIL WAR AND RECONSTRUCTION
5. Dred Scott v. Sanford
McCloskey, chs. 3-4
6. Resolution on Secession, in H.S. Commager, Documents in American History, vol. I, #197-99 (R)
A. Lincoln, "First Inaugural Address," in ibid., #202 (R)
Charles Sumner, "Resolutions on Secession," in ibid., #212
Ex Parte Milligan
McCloskey, pp. 67-76
7. Maltz, chs. 1-3
8. Maltz, chs. 4-5
9. Maltz, chs. 6-7
Judith Baer, Equality Under the Constitution: Reclaiming the Fourteenth Amendment, ch. 4, "Equality and the Reconstruction Congress" (R)
10. Maltz, chs. 8-10
11. McCloskey, pp. 76-90
Slaughterhouse Cases
Civil Rights Cases
Plessy v. Ferguson
ECONOMIC REGULATION
12. McCloskey, ch. 6
Michael J. Sandel, Democracy's Discontent, ch. 6, "Free Labor versus Wage Labor" (R)
Munn v. Illinois
13. Lochner v. New York
Muller v. Oregon
Bunting v. Oregon
Adkins v. Children's Hospital
14. Shreveport Case (p. 264)
U.S. v. E.C. Knight
Champion v. Ames (p. 309)
Hammer v. Dagenhart
Stafford v. Wallace
Schechter Poultry Co. v. U.S.
Carter v. Carter Coal
15. McCray v. U.S.
Bailey v. Drexel Furniture (p. 340)
U.S. v. Butler
U.S. v. Curtiss-Wright (p. 703)
16. West Coast Hotel v. Parrish
NLRB v. Jones & Laughlin
U.S. v. Darby
Wickard v. Filburn
Seward Machine v. Davis
FREE SPEECH AND PRIVACY RIGHTS
17. Schenck v. U.S.
Abram v. U.S.
Gitlow v. U.S.
Whitney v. Calif.
18. Meyer v. Nebraska (R)
Pierce v. Society of Sisters (R)
19. Conclusions
The final exam will be on Monday morning June 7.