A study of the United States Supreme Court and judicial review from 1787 to the present time. Combining historical and analytical approaches, this course examines the Court's landmark constitutional decisions, explores the theory and techniques of constitutional interpretation, and relates the Court's authority to the wider political and social context of American government, exploring the ways in which the Third Branch of the American government -- the judiciary -- influences, shapes and constrains the American political system.

• None required, though introductory American Politics is strongly recommended.

• Two midterm exams (October 29 and December 9) 30 % each
• A short, analytic paper (5-7 pages) due at start of class on November 24 30 %
• Study questions 10 %



• The midterms:
  
  There will be no "final" exam: Instead there will be two "midterms" - one, in class, on Thursday, October 29 and the other during the period scheduled for the final, on December 9. These will cover the cases, readings and class discussions, and will consist of short-answer format questions … some will require a few words to answer, some a few sentences or so. Each of these midterms will be worth 30% of the final course grade.



• The short paper:
  
  This paper will be due at the start of class on Tuesday, November 24. This will be an opportunity to integrate the readings, cases and course discussion in an analytic paper. This paper will not require any additional research: It will focus exclusively on materials we will read and discuss for class. This paper will be worth 30% of the final course grade. (Those interested in developing a research option are welcome to do so, but must discuss this with me, and secure approval for their project no later than Friday, October 16).



• Study questions and class participation:
  
  Because the course focuses primarily on Supreme Court cases and related reading material, it is essential that you keep on top of the reading on a daily basis. To help you do that, there will be a couple of "study questions" distributed at each session. You may choose which of these questions to answer, but you are required to turn in at least five of these answers by the end of the term. These will be graded on a pass / fail basis. And five passing answers will be worth 10 % of the final course grade. These will be very short: typical answers will be about one-to-two pages long. Your answers must be turned in before the start of the class session for which they are assigned.
  
  This is not a traditional lecture course. Though it is a large course, your participation on a regular basis is an integral part of the course. You will not be graded on your class participation, but strong participation will improve your grade: Strong participation will "tip" border-line grades to the next higher grade. Voluntary participation is strongly encouraged, but since your participation cannot hurt your grade, I will feel free to call on you "involuntarily" from time to time in this class. This is not meant to embarrass you nor is it meant to encourage quick and poorly thought-out participation. The quality of your participation is more important than is the quantity of that participation. It is meant to sharpen your mind and help you really take apart and understand this material.
  
  If, despite all assurances to the contrary, you find this system in any way intimidating, please feel free to let me or the TA know about this as soon as possible, in person, by phone or e-mail. Similarly, if you feel that you haven't had the chance to participate as much as you would like, please let us know that as well, and as soon as possible. This course is not set in stone, and I am ready and eager to try and adjust the course as needed.

Because there will be discussion in each class, you absolutely must keep up with the readings. We will be reading a large number of Supreme Court Cases as well as analytical and theoretical essays dealing with the broader questions of constitutional interpretation and the impact of the Court's role in the political system.

A substantial portion of the reading for this course will be in original Supreme Court decisions. These have been assembled, edited and photocopied, and are available in as a course packet from the West Campus Bookstore. The rest of the readings are available in the books listed below, all of which have been ordered through the Bookstore:
• Philip Bobbitt, Constitutional Fate
• William Wiecek, Liberty Under Law
• Glennon, Lively, Haddon (eds.) A Constitutional Law Anthology

I am happy to meet with you to discuss this or other courses, or just about any other issues, questions or problems. Please feel free to see me, or Andra Crull who will be serving as the TA for this course, during our open office hours, or, if those don't work for your schedule, please feel free to contract us to set up a time to meet. You can reach us at:



Gordon Silverstein	Andra Crull
1380 Social Science Tower	1211 Social Science Tower
Office Hours: Wednesday, 2 pm - 4 pm & by appt.	Office Hours: Tue, 8:30am-9:30am; Thur, 11:30am-12:30pm & by appt.
phone: 626-0594	phone: 624-2537
e-mail: gsilver@polisci.umn.edu	e-mail: acrull@polisci.umn.edu

1. The Constitution and the American Political System
   
   Sept. 24 : Introduction and Overview
   
   Sept. 29 : The Court and the Constitution
   • Cases in American Constitutional Law (pgs. A-O and 403-407)
     (The Declaration of Independence, The Constitution of the United States of America, Alexander Hamilton, Federalist #78)
   • Cases in American Constitutional Law, pgs 1-12
     (Marbury v. Madison, Eakin v. Raub)
   
   
   
2. Judicial Review and Methods of Constitutional Interpretation
   
   Oct. 1 : The Theory and Practice of Judicial Review
   • William Wiecek, Liberty Under Law, Chapter 1 (p 1-31).
     
   • Michael Glennon, A Constitutional Law Anthology, pgs 1-13
     (Van Alstyne and Frankfurter)
   
   
   Oct. 6 : Methods of Constitutional Interpretation I: The Text and Original Intent
   • Philip Bobbitt, Constitutional Fate, pgs 3-38
   • Michael Glennon, A Constitutional Law Anthology, pgs 14-18; 46-56 (Meese; Monaghan, Powell)
   
   
   Oct. 8 : Methods of Constitutional Interpretation II: Process vs. Rights
   • Philip Bobbitt, Constitutional Fate, pgs 39-119
   • Michael Glennon, A Constitutional Law Anthology, pgs. 57-86; 88-93 (Wechsler, Bork, Tushnet, Grey, Lynch, Sunstein)



3. Constitutional Interpretation and the Expansion of National Power
   
   Oct. 13 : Federalism: The Vertical Separation of Powers
   • Cases in American Constitutional Law, pgs. 15-37; Appendix, pgs. 407-422. (Martin v. Hunter's Lessee; McCulloch v. Maryland; Cohens v. Virginia; Missouri v. Holland); Letters by Thomas Jefferson and James Madison; The Federalist Papers: Federalist 10 and 51
   • William Wiecek, Liberty Under Law, Chapter 2 (p 32-55).
   
   
   Oct. 15 : National Power and the Commerce Clause I
   • Cases in American Constitutional Law, pgs. 37-62 (Gibbons v. Ogden; Willson v. Black Bird Creek; Cooley v. Board of Wardens of Philadelphia; U.S. v. E.C. Knight; Champion v. Ames)
   • William Wiecek, Liberty Under Law, Chapter 3 (p 56-81).
   
   
   Oct. 20 National Power and the Commerce Clause II
   • Cases in American Constitutional Law, pgs. 62-78 (Swift & Co. v. U.S.; Hippolite Egg Co. v. U.S.; Southern Railway Co. v. U.S.; Houston E&W Texas Rail v. U.S. / Shreveport Rate Case; Hoke v. U.S.; Hammer v. Dagenhart; Stafford v. Wallace)
   • Michael Glennon, A Constitutional Law Anthology, pgs. 323-340 (Stern, Stern, Cushman)
   
   
   Oct. 22 National Power and the Commerce Clause III
   • Cases in American Constitutional Law, pgs. 78-118 ( Schechter Poultry v. U.S.; Carter v. Carter Coal Co.; NLRB v. Jones & Laughlin Steel Co.; U.S. v. Darby; Wickard v. Filburn; Southern Pacific Railroad v. Arizona; Williamson v. Lee Optical; Bibb v. Navajo Freight Lines)
   
   
   Oct. 27 : National Power and the Commerce Clause IV
   • Cases in American Constitutional Law, pgs. 119-126 (Heart of Atlanta Motel v. U.S.; Katzenbach v. McClung
   • Michael Glennon, A Constitutional Law Anthology, pgs. 341-353 (Epstein, Cirillo)
   
   
   Thursday, Oct. 29 : First Midterm Exam I
   
   Nov. 3 : The Vertical Separation of Powers Today: Theory and Practice
   • Cases in American Constitutional Law, pgs. 127-166 (Maryland v. Wirtz; National League of Cities v. Usery; Garcia v. San Antonio Metro Transit Co., South Dakota v. Dole; U.S. v. Alfonso Lopez)
   • Michael Glennon, A Constitutional Law Anthology, pgs. 354-361; 363-382) (Weaver; Dowling, Regan, Tushnet)



4. Constitutional Interpretation and Constraints Against National Power
   
   Nov. 5 : Philosophical Limits on Government Power
   • Cases in American Constitutional Law, pgs. 167-177; 184-206 (Calder v. Bull; Fletcher v. Peck; The Charles River Bridge Case; Stone v. Mississippi; U.S. v. Butler; Reid v. Covert)
   • William Wiecek, Liberty Under Law, Chapter 5 (p 110-139).
   
   
   Nov. 10 : The Incorporation of the Bill of Rights
   • Cases in American Constitutional Law, pgs. 206-241 (Barron v. Baltimore; The Slaughter House Cases; Palko v. Connecticut; Adamson v. California; Duncan v. Louisiana)
   • Michael Glennon, A Constitutional Law Anthology, pgs. 123-144) (Fairman, Black, Henkin)
   
   
   Nov. 12: Substantive Due Process Rises
   • Cases in American Constitutional Law, pgs. 241-279 (Munn v. Illinois; Mugler v. Kansas; Allgeyer v. Louisiana; Lochner v. New York; Muller v. Oregon; Coppage v. Kansas; Adkins v. Childrens Hospital; Nebbia v. New York
   
   
   Nov. 17 : Substantive Due Process Falls
   • Cases in American Constitutional Law, pgs. 279-296 (Home Building & Loan v. Blaisdell; West Coast Hotel v. Parrish; U.S. v. Carolene Products)
   
   
   Nov. 19: Substantive Due Process Rises Again? Contraception and Abortion
   • Cases in American Constitutional Law, pgs. 297-314 (Griswold v. Connecticut; Roe v. Wade)
   • Michael Glennon, A Constitutional Law Anthology, pgs. 147-177 (Ely, Rubenfeld and MacKinnon)
   
   
   
5. The Horizontal Separation and Balance of Powers
   
   Nov. 24 : Congress vs. the President: Foreign Affairs
   • Cases in American Constitutional Law, pgs. 315-335 (U.S. v. Curtiss-Wright Export Co.; Youngstown Sheet and Tube v. Sawyer)
   • William Wiecek, Liberty Under Law, Chapter 6 (p 140-156). # J. William Fulbright, "Foreword," in Michael Glennon, Constitutional Diplomacy,p ix-xvii.
   -PAPERS ARE DUE at the Start of Class on Tuesday, November 24.
   
   Nov. 26 : Thanksgiving - No Class
   
   Dec. 1 : Congress vs. the President: Emergency and War Powers
   • Cases in American Constitutional Law, pgs. 335-358; Appendix, p. 422- 434. (Little v. Barreme; Ex Parte Milligan; Korematsu v. U.S.; Dames & Moore v. Regan; Crockett v. Reagan and Dellums v. Bush)
   
   
   Dec. 3 : Separation of Powers, Domestic Politics and Independent Counsels
   • Cases in American Constitutional Law, pgs. 358-400; Appendix, p. (Powell v. McCormick; U.S. v. Nixon; Goldwater v. Carter; INS v. Chadha; Bowsher v. Synar; Morrison v. Olsen; Jones v. Clinton)
   • Michael Glennon, A Constitutional Law Anthology, pgs. 272-283; 287-300 (Casper, Gwyn, Kurland; Strauss, Carter, Greene)
   
   
   Dec. 9 : Second Midterm … 4 pm