POLI 313 Syllabus (Spring 2023)(1)

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Virginia Commonwealth University *

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Course: POLI 313-001 (CRN: 33684): U.S. Constitutional Law – Civil Rights & Liberties Semester: Spring 2023 Course Modality: In-person, on-campus; Room 2105, Harris Hall Days/Time: Tuesday/Thursday, 11:00 a.m. – 12:15 p.m. Instructor Information: Instructor: Dr. John M. Aughenbaugh (John or Aughie works just fine) Office: 304 Founders Hall (827 W. Franklin) Office Hours:  Monday; 10:30 – 11:30 a.m.  Wednesday; 10:30 – 11:30 a.m.  Thursday; 12:30 – 1:30 p.m.  And by appointment Email: jmaughenbaug@vcu.edu “The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts.” Justice Robert Jackson in West Virginia Board of Education v. Barnette (1943) Course Description: From the University Bulletin: A survey of the major provisions of the U.S. Constitution concerning civil rights and civil liberties as interpreted by the U.S. Supreme Court. Topics to be covered include how the federal courts enforce individual rights found in the Constitution, limitations on governmental actions and the use of the Constitution as a starting point for discussions of the nation’s need to balance competing interests of individuals, government and societal values. Specifically, the course will investigate how the federal courts enforce individual rights found in the Constitution as limitations on government actions, while also exploring how such enforcement is balanced with societal interests and imperatives as expressed through government authority. Moreover, instead of viewing the Constitution as static document, an out-dated relic of the country’s past, the course will examine an assumption made by many scholars that the U.S. Constitution provides a framework for a discussion that continues today – about what should be valued, how the government may act in reality, how the Constitution limits and empowers the government at the same time, etc. Please note that this course will not address the following topics: separation of powers; federalism; powers of the national government political branches; and the powers of the federal judicial branch; etc. Those topics are covered in the constitutional law course (POLI 314) concerning structure of government. Learning Objectives:  Knowledge of the balancing act federal courts engage while weighing individual civil rights and the societal interests represented by government ;  Understanding of the various ways the Constitution may be interpreted and how that affects case outcomes;  Recognition of the various political, social, and historical contexts in which cases are decided by the Supreme Court (i.e. U.S. constitutional law does not exist in a vacuum);  Development of important academic and professional skills, including: reading and briefing court cases; speaking and writing clearly about the Constitution within the contexts mentioned above; and learning to how speak and write critically about the law. Note about Language and Court Case Material: We will be reading SCOTUS cases that are products of their times, and may contain offensive material or negative stereotypes that do not reflect VCU’s commitment to diversity and inclusion today. 1

Please be aware your course instructor does not endorse and will endeavor to not use such offensive/negative stereotypes/language. Required Text:  David M. O’Brien & Gordon Silverstein. Constitutional Law and Politics: Civil Rights and Civil Liberties . 11 th Edition. Volume 2. (W.W. Norton: 2020). Paperback. This book should be in the University Bookstore, found on the publisher’s website, or through various on-line and other local vendors. Herein referred to O’Brien .  Additional assigned readings or podcast episodes may be disseminated via email or posted on Canvas, or linked in the course syllabus. These additional readings or podcast episodes should be consumed as thoroughly as the textbook readings and may be the subject of quizzes, exams, or the term paper. Course Evaluation: Grades will be determined through the following: Assignment Percentage of Final Course Grade Points 5 Random Quizzes, each worth 10 points 25% 50 Mid-term examination 25% 50 Final examination 25% 50 Research paper 25% 50 Total Points: 200  The following scale strictly determines final grades in the course: A= 180 – 200 points B= 160 – 179.5 points C= 140 – 159.5 points D= 120 – 139.5 points F= 119.5 points & below You should NOT assume the following:  That by doing the assigned readings and attending class sessions that you deserve a particular grade in this course – doing the above is the bare minimum of what is expected of each student;  Just because one has a certain grade point average or needs a certain grade in the course to achieve a particular grade point average has no bearing on the instructor’s evaluations of a student’s work or what final course grade is determined. All grades will be determined by the quality of the work submitted to the instructor; and  That I will round up to a higher grade. For example, one may earn 179.5 points in the course and still not earn an “A” grade in the course. As VCU does not allow instructors to give +/- grades, the above grading scale will be strictly applied. Quizzes & Class Participation: If a student is to miss a class session, they should contact the instructor before that specific class session, and get the notes from a classmate (or see the instructor’s lecture notes, which are posted on Canvas). If a student misses more than 3 class sessions, the student will be dropped from the class, unless the student can convince the instructor otherwise. This “you miss too many class sessions and you get dropped” policy reflects the fact that seats in most upper level POLI courses at VCU are at a premium. 2

If one is having Covid-19 related issues (affecting your health, your family members, work issues, etc.), please contact me to discuss an accommodation. Otherwise, my expectation is students will participate in each class session every Tuesday and Thursday from 11 a.m. – 12: 15 p.m. At no point should any student enrolled in the course have expected they would not have to attend on-campus, in person class sessions every Tuesday and Thursday from 11 a.m. – 12:15 p.m., as the course was clearly advertised as such. As this is an upper level undergraduate seminar, participation is expected. Students should rigorously read the assigned readings and be prepared to discuss them in our class sessions. To encourage the aforementioned, there will be 5 random, unannounced quizzes . They will usually be comprised of 2 – 3 questions, where the student will be asked to explain a court ruling or basic constitutional concept found in the readings and class discussion prior to the quiz (and since the last quiz). Students who are absent when a quiz is given will receive a 0, as no make-up quizzes are given . Please note however that in determining quiz scores for the final grade, a student’s lowest quiz grade is dropped and their highest quiz grade is doubled. The purpose of the quizzes is to ensure that students are staying current with the reading and are coming to class well-prepared to discuss the cases and constitutional provisions. It has been the instructor’s experience that failure to do both of the above will make taking the exams and doing the term paper very difficult. It should be noted the instructor used to evaluate individual student class participation, but because a large number of students complained they do not like or feel comfortable participating, I have resorted to the quiz assessment mechanism to ensure class session attendance, preparation, and listening. If the collective’s participation is lacking in a given class session, the instructor reserves the authority to dismiss the class session on the assumption that the enrolled students already know the material and will not benefit from discussing the assigned material with their peers. The next class session will commence with the next set of readings. Exams: The mid-term exam will occur during one of our class sessions (see course timeline below for the date), and will be comprised of two parts. With part one, short answer questions, the emphasis is on the student being able to demonstrate knowledge of the essential legal concepts and why a concept is important for understanding the development of U.S. constitutional law. Or, students will have to state a Court case ruling and explain why it is significant to U.S. constitutional law. With the second part of the mid-term exam, an essay question, students will be asked to explain the evolution of a topic within U.S. constitutional or summarize the material that was covered in the readings and class discussions and provide an analysis of said topic/material. Further information regarding the mid-term exam will be distributed on Canvas one week prior to the exam date. In short, students will have one 75-minute opportunity to take the exam, and the exam will be closed book/notebook with no outside resources allowed to be used. Students who are absent when a mid-term exam is given will receive a 0 grade, unless they have:  Doctor’s or hospital (student health center) written excuse; or  University written excuse saying he/she was participating in a University related event; or  Court appointments (documented by a court order, summons, or similar document); or  Death in family (documented by funeral notice, a newspaper obituary, or similar documentation). Legitimate excuses do not include a desire to attend a relative’s birthday party, to spend a little more time at home, or to recover from a hard night/weekend of carousing. When in doubt, please contact the instructor in advance – do not assume the instructor will grant a make-up. If any of the above, bulleted excuses is provided as an email attachment, then a make-up exam will be given. Please note, all make-up exams are essay, no short answer, covering the same material as the scheduled exam 3

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Regarding the final exam, it will be take-home and is due as an e-mail attachment to the course instructor (see course timeline below for exact day/time). In one section of the final exam, students will be asked to write one essay (out of a list of 3 – 4 questions) that emphasize students demonstrating their knowledge of a topic covered in the second half of the course. In the second section of the final, students will be asked to write one essay (out of a list of 3 – 4 questions) demonstrating an ability to synthesize the course material throughout the semester. No late final exams will be accepted – no exceptions will be granted. Term Paper : The term paper will be a medium sized (about 10 - 12 pages) analytical piece designed to have students show their ability to take a particular constitutional topic, summarize the relevant case law and/or academic literature, and then, provide an analysis of said topic. See the course timeline for when the paper topic instructions will be distributed and when various paper elements are due to the instructor. No late term papers will be accepted -- no exceptions . Important Policies: Students should visit http://go.vcu.edu/syllabus and review all syllabus statement information. The full university syllabus statement includes information on safety, registration, the VCU Honor Code, student conduct, withdrawal and more. Students enrolled in this course are expected to have read and comply with those policies. Class session conduct: During class sessions, students are expected to act and speak in a civil and courteous manner toward all students and the instructor. The instructor hopes that disruptive behavior (such as, but not limited to, arriving late, and ringing cell phones) does not become an issue. It should also be noted we will discussing topics that often generate heated debates/discussions as they touch upon important liberties, rights, and values. Let us all aspire to keep things civil and respectful. Expectations of when assignments will be graded and returned : While the instructor will endeavor to grade all assignments as quickly as possible, students should be aware that he is teaching four other courses. Additionally, until all students have completed a particular assignment, no work will be graded and returned – this reduces any number of Honor System violations and ensures that all students receive the same consideration of her/his work on a particular assignment by the instructor. Use and distribution of instructor notes: The instructor makes his lecture notes available on Canvas. The provision of these notes is to aid students in their comprehension of what is discussed during class sessions and to prepare for taking exams. Any sale or public posting of those notes or notes taken by students during class sessions without the instructor’s explicit written permission is considered to be a violation of VCU’s Honor Code, and the instructor will avail himself of the Code in this regard. Communication : It is the student’s responsibility to check daily the course site on Canvas and to monitor his/her VCU e-mail account. The instructor posts on Canvas (course documents folder) his lecture notes, all assignment instructions (in the assignments folder), and additional/relevant journal/newspaper articles. Additionally, the instructor will e-mail students via their VCU e-mail accounts any changes to the syllabus, follow-up thoughts on class discussions, and important announcements. Thus, regular monitoring of both VCU e-mail accounts and Canvas is necessary. Course Timeline: (Please note, the following may be changed at the discretion of the course instructor. He will notify students via e-mail as soon as any change is made) Recommended study and course activity suggestions to do well in the course :  It is best to do the indicated readings before the class session, so the readings and lectures can reinforce one another;  Moreover, I strongly recommend that you review your class notes (in addition to the instructor’s) and the textbook information you highlighted (or was already in bold in the textbooks) once a week outside of class sessions. While court case opinions and the Constitution are written in 4

English, it is a version of the language most of us do not use on a daily basis. Thus, review of the course materials, much like learning a foreign language, has proven to be an effective study technique for those students have done well in the course in previous semesters;  Please contact the course instructor if you have questions on the readings or what was discussed in class sessions or particular assignments. He is a resource to aid in your comprehension of the course material – use him;  If problems arise that affect your ability to do well in the course, please communicate with the instructor – he is not clairvoyant, so reach out to him so he can assist you. Class Session 1 (01/17/2023): Introduction to the Course - Assigned reading:  Syllabus  How to Brief a Court Case (Canvas)  How to read a legal opinion (Canvas) – this is especially beneficial for those students who have had little experience reading court case opinions (and we will be reading a – technical language alert – “bunch” of them) Class Sessions 2 & 3 (01/19 & 01/24): Introduction to the U.S. Constitution - Assigned reading:  Amendments I – X & XIV of the U.S. Constitution (this document is found on page 6 in the textbook, but in particular starting on page 17) – when reading these parts of the Constitution, look for: o Basic principles and values o How individual rights impact upon power of government (and which branch or level of government holds them) o Areas where there might be conflict, and o What things may be been left out or are ambiguous. - Term paper assignment distributed and discussed on 01/24. Class Sessions 4 & 5 (01/26 & 01/31): Introduction to the Supreme Court, Judicial Review, and Constitutional Interpretation - Assigned reading:  O’Brien, Chapter 1 (inclusive) - Assigned listen: Go to following link, find “Summer of SCOTUS: Marbury Starts Us Off” (Episode 1, Season 4), and listen --> https://guides.library.vcu.edu/discourse/season4 Class Sessions 6 – 9: Law & Politics in the Supreme Court - Assigned reading (02/02):  O’Brien, pp. 108 – 144  Recommended listen: “Summer of SCOTUS” – Season 4, Episode 5 (Guns of New York) for a discussion about mootness --> https://guides.library.vcu.edu/discourse/season4 - Assigned reading (02/07):  O’Brien, pp. 144 – 176 (focus on the Flast , Lujan , & Baker cases) - Assigned reading (02/09):  O’Brien, pp. 177 – 186 (in terms of the cases, focus on Goldwater & Elk Grove ) - Assigned reading (02/14):  Gill v. Whitford (2018) (on Canvas)  O’Brien, pp. 186 – 231  Assigned listen: “Summer of SCOTUS – Season 4, Episodes 2 & 3 (SCOTUS on Zoom & Writ of Certiorari) --> https://guides.library.vcu.edu/discourse/season4 5

- No assigned reading on 02/16 – catch up day Class Session 10 – 12: Nationalization of Bill of Rights - Assigned reading (02/21):  O’Brien, pp. 315 – 348 - Assigned reading (02/23):  O’Brien, pp. 349 – 387  Mid-term exam particulars distributed and discussed - Assigned reading (02/28):  O’Brien, pp. 388 – 415 Class Session 13 (03/02): Mid-term exam. Students should expect to spend the entire class session taking the exam. There are no class sessions from 03/05 – 03/12 due to Spring Break. Class Sessions 14 – 18: Freedom of Expression - Assigned reading (03/14) (Judicial Approaches):  O’Brien, pp. 416 – 461  Paper topic, draft thesis statement, and initial bibliography document is due as an email attachment to the instructor by the beginning of 03/14 class session. Failure to submit this document will lead to a five point reduction on the final paper grade. - Assigned reading (03/16) (Obscenity & Pornography):  O’Brien, pp. 462 – 483 - Mid-term grades due to the University on Friday, 03/17 - Assigned reading (03/21) (Obscenity, con’t.):  O’Brien, pp. 484 – 503 - Assigned reading (03/23) (Fighting Words):  O’Brien, pp. 503 – 527 - The last day to withdraw from a fall semester course with a “W” on one’s transcript is Friday, 03/24 - Assigned reading (03/28) (Fighting Words, con’t.):  O’Brien, pp. 517 – 556 Class Sessions 19 – 21: Privacy - Assigned reading (03/30):  O’Brien, pp. 1228 – 1256 - Assigned reading (04/04):  O’Brien, pp. 1265 – 1286  Dobbs v. Jackson Women’s Health Organization (posted on Canvas) - Assigned reading (04/06):  O’Brien, pp. 1286 – 1319 Class Sessions 22 - 29: Equal Protection - Assigned reading (04/11):  O’Brien, pp. 1320 – 1357 - Assigned reading (04/13):  O’Brien, pp. 1358- 1389 - Assigned reading (04/18):  O’Brien, pp. 1389 – 1431 - No class session on Thursday, 04/20 – work on papers. 6

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- Term paper is due to the instructor as e-mail attachment at noon EST on Saturday, 04/22; no late papers will be accepted, no matter the reason. - Assigned reading (04/25):  O’Brien, pp. 1389 – 1431 - Assigned reading (04/27):  O’Brien, pp. 1432 – 1462 - Assigned reading (05/02):  O’Brien, pp. 1462 – 1490  Summary remarks by instructor & discussion of final exam The final exam is due as an e-mail attachment to the instructor on Thursday, 05/11 at 11:59 p.m. EST. No late final exams will be accepted, no matter the reason. 7