Brett Marston
438 Mahar x3277
Office Hours: MW, 1:45-2:45, W 11:30-12:30
marston@oswego.edu

This course is an introduction to constitutional law in the U.S. By the end of this course you should have a basic understanding of the development of constitutional law from the framing of the Constitution to the present. The historical sweep of this course is broad: we will start out with the Marshall Court's grappling with the Bank of the United States and end with recent cases concerning affirmative action, sexual privacy, and the 2000 presidential election. The topics in this course will include property and economic regulation, citizenship, slavery, reconstruction, and federalism.
We will read cases in detail and pay attention to the development of constitutional doctrine. In addition, we will emphasize the political forces that have shaped the development of doctrine. One important argument of this course is that the Supreme Court does not make constitutional law alone, in a vacuum; rather, constitutional law itself is the product of conflicts between judicial and non-judicial actors and between institutional and extra-institutional actors.

Assignments and grade distribution
Short paper #1 (15%)
Midterm exam (30%)
Short paper #2 (15%)
Final exam or final paper (30%)
Class participation (10%)

You may write a final paper instead of the final exam if you give me seven (7) short reaction papers to the readings in the second half of the course. A reaction paper will be graded as "approved" if you write at least two paragraphs and explore some aspect of the reading that you find particularly interesting, troubling, enraging, perceptive, etc. If you choose to write a final paper, I will give you topics to write on; you may modify my suggested topic after consulting with me. The midterm assignment will consist of a moot court and your opinions or briefs for the case. I will go over the expectations for the assignment as the time approaches.
Please note: this course is classified as a "major writing course."

Expectations
This course is not a lecture course; extensive student participation is required. Participation constitutes 10% of your grade, so it is in your interest (as a grade-seeker and as a learner) to participate, but I also hope that you will be both excited about the material and willing to ask questions when you do not understand something. Attendance will be taken; both absences and tardiness will count against your final grade. Read and familiarize yourself with the university's attendance policies in the Student Handbook (41-2).
Plagiarism will be dealt with according to university policies. Do not plagiarize. I will use plagiarism detection software in cases of uncertainty. In order to facilitate the use of this software, I require electronic versions of all written work (preferably by e-mail, but a floppy disk will do). See the Student Handbook section on plagiarism (92-94) and ask me if anything there is unclear.
Students who have a disabling condition that might interfere with their ability to complete this course successfully are encouraged to speak with me, confidentially, or to contact the Office of Disability Services (x3558, 210 Swetman).
I reserve the right to alter and amend this syllabus as circumstances require.

Required texts (college bookstore, Kraftees)
1. Brest, Levinson, Balkin, Amar, Processes of Constitutional Decisionmaking, 4th Edition (BLBA)
2. Brest, Levinson, Balkin, Amar, Processes of Constitutional Decisionmaking, 2002 Supplement (Supplement)
3. Robert McCloskey, The American Supreme Court, 3rd Edition, Chicago: University of Chicago Press, 2000.

Class Schedule

Wed, 9/3: Introduction: What does it mean to study constitutional law in a political science department? In-class reading: the Constitution, Preamble, Articles I-VI.
Mon, 9/8: The Constitution, The Bank and the Court: the Constitution: Amendments I-X, BLBA, 1-6, 7-30; McCloskey, 1-19
Wed, 9/10: McCulloch v. Maryland continued: BLBA, 30-32, 44-56; McCloskey, 42-47
Mon, 9/15: The Sedition Act of 1798 and the Virginia and Kentucky Resolutions: BLBA, 60-70; McCloskey, 23-30; Short paper #1 due in class
Wed, 9/17: Marbury v. Madison and Judicial Review of Acts of Congress: BLBA, 79-96
Mon, 9/22: Yazoo, Steamboats, and the Marshall Court on Property Rights and the Economy, BLBA, 104-109, 126-37, McCloskey, 30-34
Wed, 9/24: Miln and Cooley -- The Taney Court, Commerce, and Personal Mobility: BLBA, 145-155, 160-162; McCloskey, 53-59
Mon, 9/29: Slavery (1), Groves and Prigg: BLBA, 169-183; McCloskey, 59-66
Wed, 10/1: Slavery (2), Dred Scott: BLBA, 183-200, 207-214
Mon, 10/6: Lincoln and the Civil War, BLBA, 214-231, McCloskey, 70-76
Wed, 10/8: Reconstruction: BLBA, 231-239, 241-262, 270-283, 284-295, McCloskey; 67-70
Mon, 10/13: Women's Citizenship and Nationalism in the Gilded Age; BLBA, 121-125, 265-269; McCloskey, 74-76; BLBA, 40-42, 297-314
Wed, 10/15: The Slaughter-house Cases and the Restriction of the Privileges and Immunities Clause: BLBA, 314-325, McCloskey, 76-85
Mon, 10/20: Judicial Activism in an Economic Vein (1): BLBA, 337-348, 350-351; McCloskey, 91-106
Wed, 10/22: Judicial Activism (2): BLBA, 357-361, 362-366, 369-374, McCloskey 106-113
Tue, 10/28 (N.B.!!): Moot Court, Midterm Due
Wed, 10/29: Provessivism and Constitutional Amendments XIV-XIX, BLBA 387-399
Mon, 11/3: The Judges Retreat: BLBA, 417-424, 426-431, 435-437, 464-469, 477-479; McCloskey, 117-126
Wed, 11/5: Wartime, Loyalty, "Suspect Classifications" and Military Trials: BLBA, 810-818, 1481-1489; Supplement 5-11;
Mon, 11/10: School Desegregation (1) (Brown, Bolling, and Brown II): BLBA, 737-746, 759-761, 768-773; McCloskey, 148-153
Wed, 11/12: School Desegregation (2): 773-777, 783-784, 787-793; McCloskey, 206-211
Mon, 11/17: Affirmative Action Qualified (Bakke): BLBA, 898-914; McCloskey, 211-216
Wed, 11/19: Affirmative Action Affirmed? Gratz v. Bollinger, Grutter v. Bollinger (web)
Mon, 11/24: Privacy and Abortion (Griswold and Roe): BLBA, 1134-1144, 1172-1185; McCloskey, 171-175, Short paper #2 due in class
Wed, 11/26: Thanksgiving recess
Mon, 12/1: Abortion and the Rehnquist Court, BLBA, 1202-1223, 1235-1241; Supplement, 161-167
Wed, 12/3: Sexual Orientation and the "Culture Wars": BLBA, 1242-1253, 1259-1271, Lawrence v. Texas (web); McCloskey, 175-178
Mon, 12/8: The Rehnquist Court's Restrictions on the Commerce Power: BLBA, 471-475, 512-530, Supplement, 19-44
Wed, 12/10: The 2000 Presidential Election Controversy: BLBA 728-730, Supplement, 90-120

Final Exam: Wednesday, December 17, 2:00pm - 4:00pm