POLITICAL SCIENCE 372

AMERICAN CONSTITUTIONAL LAW - POWERS

FALL 2000

PROFESSOR UMBANHOWAR

OFFICE: HOLLAND HALL 103D, EXT. 3484, e-mail - umbanhow

HOURS: W 10:30-12:00, TTH 3:00-4:00 or by appt.

INTRODUCTORY THOUGHTS

The study of American constitutional law remains a special discipline within political science. It is neither the study of law nor politics. It is the investigation of public or political law, i.e., that law concerned with the operation of governments. We use this not to increase our knowledge of law but of politics and government. By convention, we spend two semesters studying this subject. The first semester course, Political Science 372, is devoted to the consideration of the powers of government; and the second semester course, Political Science 373, is given over to an examination of the limits on those powers.

The object of this particular course is to further and enhance your comprehension and appreciation of the rhetoric of the United States Supreme Court as it applies to the question of the structure of both government and politics within the American nation. Subjects covered include: judicial review, the judicial process, separation of powers, federalism, and property rights. These subjects have been created by the historic activity of the Court as well as by the conventions of its students.

In this course students have a special obligation to be prepared every day to discuss the cases listed for discussion of that particular class session. There will be only one semester examination occurring after midterm break. In addition each student will contribute to the mock court exercise. There will be a final examination. The final grade will be determined by weighing each of the following according to percentages listed: recitation 10%, semester examination 20%, mock court 30%, and final examination 40%.

BOOKS FOR PURCHASE

James C. Foster and Susan M. Leeson, Constitutional Law, Cases in Context, Vol. I, Federal Governmental Powers and Federalism

Edward Levi, An Introduction to Legal Reasoning

I. INTRODUCTION TO CONSTITUTIONAL LAW AND THE SUPREME COURT

(September 7)

Foster and Leeson, Chapter One

II. SEPARATION OF POWERS

A. JUDICIAL REVIEW

(September 12) Special Guest Roger Newman

Foster and Leeson, pp. 40-79

Marbury v. Madison

Cooper v. Aaron

U.S. v. Nixon

Plant v. Spendthrift Farm

(September 14)

Foster and Leeson, pp. 83-119

Chisholm v. Georgia

Martin v. Hunter's Lessee

Cohens v. Virginia

Mapp v. Ohio

(September 19)

Foster and Leeson, pp. 121-163

Civil Rights Cases

Shelly v. Kramer

B. JUDICIAL ACCESS

Cherokee Nation v. Georgia

Dred Scott v. Sandford Ex parte McCardle

(September 21)

Foster and Leeson, pp. 166-206

Luther v. Borden

Baker v. Carr

Frothingham v. Mellon

Flast v. Cohen

Valley Forge Christian College v. Americans United

C. JUDICIAL REASONING

(September 26)

Edward Levi, An Introduction to Legal Reasoning

C. THE CONGRESS

(September 28)

Foster and Leeson, pp. 211-250

McCulloch v. Maryland

Gibbons v. Ogden

New York v. Miln

Cooley v. Board of Wardens

U.S. v. E.C. Knight

(October 3)

Foster and Leeson, pp. 252-290

Pollock v. Farmer’s Loan and Trust

Hammer v. Dagenhart

Schechter Poultry v. U.S.

U.S. v. Butler

NLRB v. Jones and Laughlin Steel

(October 5)

Foster and Leeson, pp. 291-340

Steward Machine Co. v. Davis

United States v. Darby

Wickard v. Filburn

Heart of Atlanta Motel v. U.S.

U.S. v. Lopez

(October 10)

Foster and Leeson, pp. 340-369

NLRB v. Jones and Laughlin Steel

INS v. Chada

Bowsher v. Synar

Mistretta v. U.S.

(October 12)

Foster and Leeson, pp. 371-414

Watkins v. U.S.

Barenblatt v. U.S.

Powell v. McCormack

Gravel v. U.S.

############MIDSEMESTER EXAMINATION--OCTOBER 17#########

D. POWERS OF THE PRESIDENT

(October 19)

Foster and Leeson, pp. 415-453

Myers v. U.S.

Humphrey's Executor v. U.S.

Morrison v. Olson

Missouri v. Holland

U.S. v. Nixon

(October 24)

Foster and Leeson, pp. 453-486

The Prize Cases

Ex Parte Milligan

U.S. v. Curtis-Wright Export Corp.

Youngstown Sheet and Tube v. Sawyer

(October 25)

Foster and Leeson, pp. 487-522

New York Times v. U.S.

Dames and Moore v. Reagan

Martin v. Hunter’s Lessee

******************FALL BREAK OCTOBER 28-31******************

III. FEDERALISM

(November 2)

Foster and Leeson, pp. 523-562

Prigg v. Pennsylvania

Pennsylvania v. Nelson

Cipollone v. Liggett Group

Cooley v. Board of Port Wardens

Texas v. White

(November 7)

Foster and Leeson, pp. 563-595

Collector v. Day

Champion v. Ames

Hammer v. Dagenhart

NLRB v. Jones and Laughlin Steel

National League of Cities v. Usery

(November 9)

Foster and Leeson, pp. 596-646

Garcia v. San Antonio Metro. Transit Authority.

Seminole Tribe of Florida v. Florida

Printz v. U.S.

$$$$$$$$$$$$$$$$$$$ MOCK COURT - NOVEMBER 14 - 16 $$$$$$$$$$$$$$$

A. THE BILL OF RIGHTS AND THE STATES

(November 21)

Foster and Leeson, pp. 649-677

Barron v. Baltimore

Slaughter-House Cases

Hurtadho v. California

Palko v. Connecticut

+++++++++++ THANKSGIVING - NOVEMBER 22 – 26 +++++++++++++++

(November 28)

Mock Court Report

Foster and Leeson, pp. 679-721

Adamson v. California

Rochin v. California

Duncan v. Louisiana

PruneYard Shopping Center v. Robins

Michigan v. Long

IV. PROPERTY

A. CONTRACT CLAUSE

(November 30)

Foster and Leeson, pp. 724-771

Fletcher v. Peck

Dartmouth College v. Woodward

Charles River Bridge v. Warren Bridge

Stone v. Mississippi

Home Building and Loan Association v. Blaisdell

Allied Structural Steel Co. v. Spannus

B. SUBSTANTIVE DUE PROCESS

(December 5)

Foster and Leeson, pp. 772-817

Calder v. Bull

Munn v. Illinois

Santa Clara County v. Southern Pacific Railroad

Lochner v. New York

Adair v. U.S

(December 7)

Foster and Leeson, pp. 818-858

Adkins v. Children's Hospital

Nebbia v. New York

West Coast Hotel v. Parrish

C. TAKING CLAUSE

Pennsylvania Coal Co. v. Mahon

(December 12)

Foster and Leeson, pp. 859-900

Euclid v. Ambler Realty Co.

Penn Central v. New York

Lucas v. South Carolina Coastal Council

Dolan v. City of Tigard

FINAL EXAMINATION – TUESDAY, DECEMBER 19- 2:30 – 4:30