Political Science 372 Dr. Neil H. Cogan
Fall 2019 Platner Hall 107
Hoover Hall 108 E-mail: ncogan@whittier.edu
MW 08:30-09:50
Office Hours: MW 10:30-11:30; Tu and Th a.m. (by appointment)
American Constitutional Law
Course Description
This course is an introduction to the United States Constitution. The course focuses upon (a) the powers and structures of the federal and state governments; and (b) the limitations upon those powers and structures found within the Constitution’s text and constitutional principles and traditions of democracy, equality, liberty, and rights.
Stated more simply, we study, first, the three branches of the national government – the Congress, the President, and the federal courts; what powers each of the branches has; what powers the Constitution prohibits them from having; and what powers one branch of the national government can prohibit another branch from having. And, second, we study what protections the Constitution gives to the People to prevent abuse of power by the Congress, the President, the federal courts, and by state and local governments and their officials.
In this course, we read the text of the Constitution and several amendments. We read in abbreviated format constitutional law judicial decisions. We study principles and traditions from several perspectives – historical, judicial, legal, and political. Plus, we read clarifying explanations by two leading scholars, Lee Epstein and Thomas Walker.
This course enables you to read and discuss fundamental legal and political developments from legal and political sources, primarily the Constitution and judicial opinions. It gives you the ability to read essential materials without filters by commentators and politicians.
In our classroom discussion, we will focus upon the Constitution’s application to current hot issues. Subject to student preparation and readiness, we will study the topics described above through the context of current national controversies such as abortion, gerrymandering, gun control, health care, immigration, impeachment, pollution, punishment, trade, and other topics of the class’s interest.
Learning Objectives
By the end of this course, you should be able to:
1. Effectively understand and evaluate the law and political theory underlying our national and state political structures and the federal system within which they function;
2. Understand and evaluate the continual debate over the scope of national and state powers, the branches of the national government, and the relationship between the governments and individuals;
3. Understand and discuss the legal concepts of due process and equal protection in a number of settings;
4. Understand the principles and traditions of democracy, equality, liberties, and rights as they relate to the American constitution, articulate their evolution and the forces likely to impact future legal cases relating to these subjects;
5. Read judicial opinions critically through the use of several conceptual lenses; and
6. Summarize legal opinions effectively in both writing and orally.
Departmental Goals:
The Political Science Department has various learning goals and objectives for our major. This course seeks to contribute to the following goals and/or objective(s):
Goal 1: Learning about political science: Students should develop a better understanding of and the ability to analyze, synthesize or evaluate, as appropriate, the nature of politics, political behavior, and the political world, including the fundamental issues in the discipline and its sub-fields. As part of this, students should understand the methodologies of the discipline, particularly key issues such as how we know what we know, and what paradigms and/or alternative approaches exist in different subfields.
Objective 3: Students should be able to discuss the nature of the Constitution, and the impact of judges or public administrators on the development of public policy.
Goal 2: Skill Development: Students should develop fundamental skills in written and oral communication, group collaboration, evaluating information, and discerning cause-effect relationships.
Objective 2: Students will have experience working in group settings that result in group projects or other collaborative efforts and be able to evaluate the strengths and weaknesses of such efforts.
Goal 3: Career preparation. Students should gain sufficient background in the field to pursue graduate work in political science, the law, or other disciplines and/or careers in or related to political science.
Objective 1: Students will develop the capability to conduct independent research projects.
Objective 2: Students will have the opportunity to pursue pre-law course work and develop an understanding of the field of law.
In order to have successful classes, it is absolutely necessary that everyone keeps up with the reading and attends class regularly. Falling behind is easy to do and difficult to overcome. If you are having trouble with the material or would like to further discuss any of the topics, please see me after class or make an appointment for Tuesday or Thursday morning.
Required Text
Constitutional Law for a Changing America: A Short Course, Seventh Edition by Lee Epstein and Thomas Walker
Assignments and Grading
Your grade for the course will be based on the following components:
1. Quizzes - 10% each (40% total)
2. Final - 20%
3. Brief/Argument – 20%
4. Attendance and Participation – 20 %
Grade Scale
100-93.4 A 76.6 – 73.4 C
93.3 – 90 A- 73.3 –70 C-
89.9 – 86.7 B+ 69.9 – 66.7 D+
86.6 – 83.4 B 66.6 – 63.4 D
83.3 – 80 B- 63.3 – 60 D-
79.9 – 76.7 C+ 59.9 – 0 F
Class Laptop/Electronic Device Policy
I realize that many people take all their notes directly on laptops or other devices. I will attempt to honor this choice, so long as students do not abuse the privilege. However, if permitting general use of laptops harms a student’s ability to participate meaningfully in class or leads to other students being distracted, I will suspend the privilege and revert to only permitting laptop or other electronic use by students with a documented need for such assistance (such as a disability or language accommodation). Similarly, cell phones/texting should be reserved for emergencies, and texting in class will hurt your attendance grade.
Americans with Disabilities Act (ADA) Accommodations
In compliance with the ADA, it is the policy of Whittier College to ensure students with disabilities can access the curriculum and have access to a learning environment that provides for reasonable accommodation of their disabilities. Students desiring accommodations on the basis of physical, learning, or psychological disability for this class should contact Disability Services. Disability Services is located on the ground floor of the Library building and can be reached by calling extension 4825.
Policy on Academic Honesty
The Whittier policy on academic honesty makes it clear that all forms of academic cheating, fraud, and dishonesty are not permitted at this institution. I do not tolerate plagiarism or academic dishonesty of any kind and will pursue plagiarism cases to the full extent allowed by Whittier rules. At the minimum, students whom I find to have committed a flagrant act of intentional plagiarism or cheating will receive a zero on the assignment and their case will be referred to the appropriate offices for further administrative action. The penalties for repeated or flagrant misconduct can be as severe as suspension from Whittier. Students unclear on what constitutes an act of academic dishonesty or the potential consequences of violations should review https://www.whittier.edu/academics/academichonesty .
Course Assignments in Epstein & Walker
Sept 4 pp. 3-18, Underlying Principles
Sept 9 pp. 29-49, Methods of Decision-making
Sept 11 pp. 64-84, Judicial Review
Sept 16 pp. 99-119, Legislative Power
Sept 18 pp. 162-181, Executive Power
Sept 23 Quiz; pp. 208-214, Federalism
Sept 25 pp. 253-276, Commerce Power
Sept 30 No class
Oct 2 pp. 278-303, Taxing and Spending Powers
Oct 7 pp. 328-347, Substantive Due Process
Oct 9 No class
Oct 14 Quiz; pp. 376-395, Free Exercise
Oct 16 pp. 395-397, 408-430, Establishment
Oct 28 pp. 432-452, Speech
Oct 30 pp. 478-506, Press
Nov 4 Quiz
Nov 6 pp. 518-537, Arms; Privacy (Autonomy)
Nov 11 pp. 538-557, Privacy (Abortion)
Nov 13 pp. 557-576, Privacy (LGBTQ)
Nov 18 pp. 664-685, Race Discrimination
Nov 20 pp. 685-706, Gender and Economic Status Discrimination
Nov 25 Quiz
Dec 2 Moot Court Argument
Dec 4 Moot Court Argument
Dec 13, 8:00 -10:00 am Final Exam
Fall 2019 Platner Hall 107
Hoover Hall 108 E-mail: ncogan@whittier.edu
MW 08:30-09:50
Office Hours: MW 10:30-11:30; Tu and Th a.m. (by appointment)
American Constitutional Law
Course Description
This course is an introduction to the United States Constitution. The course focuses upon (a) the powers and structures of the federal and state governments; and (b) the limitations upon those powers and structures found within the Constitution’s text and constitutional principles and traditions of democracy, equality, liberty, and rights.
Stated more simply, we study, first, the three branches of the national government – the Congress, the President, and the federal courts; what powers each of the branches has; what powers the Constitution prohibits them from having; and what powers one branch of the national government can prohibit another branch from having. And, second, we study what protections the Constitution gives to the People to prevent abuse of power by the Congress, the President, the federal courts, and by state and local governments and their officials.
In this course, we read the text of the Constitution and several amendments. We read in abbreviated format constitutional law judicial decisions. We study principles and traditions from several perspectives – historical, judicial, legal, and political. Plus, we read clarifying explanations by two leading scholars, Lee Epstein and Thomas Walker.
This course enables you to read and discuss fundamental legal and political developments from legal and political sources, primarily the Constitution and judicial opinions. It gives you the ability to read essential materials without filters by commentators and politicians.
In our classroom discussion, we will focus upon the Constitution’s application to current hot issues. Subject to student preparation and readiness, we will study the topics described above through the context of current national controversies such as abortion, gerrymandering, gun control, health care, immigration, impeachment, pollution, punishment, trade, and other topics of the class’s interest.
Learning Objectives
By the end of this course, you should be able to:
1. Effectively understand and evaluate the law and political theory underlying our national and state political structures and the federal system within which they function;
2. Understand and evaluate the continual debate over the scope of national and state powers, the branches of the national government, and the relationship between the governments and individuals;
3. Understand and discuss the legal concepts of due process and equal protection in a number of settings;
4. Understand the principles and traditions of democracy, equality, liberties, and rights as they relate to the American constitution, articulate their evolution and the forces likely to impact future legal cases relating to these subjects;
5. Read judicial opinions critically through the use of several conceptual lenses; and
6. Summarize legal opinions effectively in both writing and orally.
Departmental Goals:
The Political Science Department has various learning goals and objectives for our major. This course seeks to contribute to the following goals and/or objective(s):
Goal 1: Learning about political science: Students should develop a better understanding of and the ability to analyze, synthesize or evaluate, as appropriate, the nature of politics, political behavior, and the political world, including the fundamental issues in the discipline and its sub-fields. As part of this, students should understand the methodologies of the discipline, particularly key issues such as how we know what we know, and what paradigms and/or alternative approaches exist in different subfields.
Objective 3: Students should be able to discuss the nature of the Constitution, and the impact of judges or public administrators on the development of public policy.
Goal 2: Skill Development: Students should develop fundamental skills in written and oral communication, group collaboration, evaluating information, and discerning cause-effect relationships.
Objective 2: Students will have experience working in group settings that result in group projects or other collaborative efforts and be able to evaluate the strengths and weaknesses of such efforts.
Goal 3: Career preparation. Students should gain sufficient background in the field to pursue graduate work in political science, the law, or other disciplines and/or careers in or related to political science.
Objective 1: Students will develop the capability to conduct independent research projects.
Objective 2: Students will have the opportunity to pursue pre-law course work and develop an understanding of the field of law.
In order to have successful classes, it is absolutely necessary that everyone keeps up with the reading and attends class regularly. Falling behind is easy to do and difficult to overcome. If you are having trouble with the material or would like to further discuss any of the topics, please see me after class or make an appointment for Tuesday or Thursday morning.
Required Text
Constitutional Law for a Changing America: A Short Course, Seventh Edition by Lee Epstein and Thomas Walker
Assignments and Grading
Your grade for the course will be based on the following components:
1. Quizzes - 10% each (40% total)
2. Final - 20%
3. Brief/Argument – 20%
4. Attendance and Participation – 20 %
Grade Scale
100-93.4 A 76.6 – 73.4 C
93.3 – 90 A- 73.3 –70 C-
89.9 – 86.7 B+ 69.9 – 66.7 D+
86.6 – 83.4 B 66.6 – 63.4 D
83.3 – 80 B- 63.3 – 60 D-
79.9 – 76.7 C+ 59.9 – 0 F
Class Laptop/Electronic Device Policy
I realize that many people take all their notes directly on laptops or other devices. I will attempt to honor this choice, so long as students do not abuse the privilege. However, if permitting general use of laptops harms a student’s ability to participate meaningfully in class or leads to other students being distracted, I will suspend the privilege and revert to only permitting laptop or other electronic use by students with a documented need for such assistance (such as a disability or language accommodation). Similarly, cell phones/texting should be reserved for emergencies, and texting in class will hurt your attendance grade.
Americans with Disabilities Act (ADA) Accommodations
In compliance with the ADA, it is the policy of Whittier College to ensure students with disabilities can access the curriculum and have access to a learning environment that provides for reasonable accommodation of their disabilities. Students desiring accommodations on the basis of physical, learning, or psychological disability for this class should contact Disability Services. Disability Services is located on the ground floor of the Library building and can be reached by calling extension 4825.
Policy on Academic Honesty
The Whittier policy on academic honesty makes it clear that all forms of academic cheating, fraud, and dishonesty are not permitted at this institution. I do not tolerate plagiarism or academic dishonesty of any kind and will pursue plagiarism cases to the full extent allowed by Whittier rules. At the minimum, students whom I find to have committed a flagrant act of intentional plagiarism or cheating will receive a zero on the assignment and their case will be referred to the appropriate offices for further administrative action. The penalties for repeated or flagrant misconduct can be as severe as suspension from Whittier. Students unclear on what constitutes an act of academic dishonesty or the potential consequences of violations should review https://www.whittier.edu/academics/academichonesty .
Course Assignments in Epstein & Walker
Sept 4 pp. 3-18, Underlying Principles
Sept 9 pp. 29-49, Methods of Decision-making
Sept 11 pp. 64-84, Judicial Review
Sept 16 pp. 99-119, Legislative Power
Sept 18 pp. 162-181, Executive Power
Sept 23 Quiz; pp. 208-214, Federalism
Sept 25 pp. 253-276, Commerce Power
Sept 30 No class
Oct 2 pp. 278-303, Taxing and Spending Powers
Oct 7 pp. 328-347, Substantive Due Process
Oct 9 No class
Oct 14 Quiz; pp. 376-395, Free Exercise
Oct 16 pp. 395-397, 408-430, Establishment
Oct 28 pp. 432-452, Speech
Oct 30 pp. 478-506, Press
Nov 4 Quiz
Nov 6 pp. 518-537, Arms; Privacy (Autonomy)
Nov 11 pp. 538-557, Privacy (Abortion)
Nov 13 pp. 557-576, Privacy (LGBTQ)
Nov 18 pp. 664-685, Race Discrimination
Nov 20 pp. 685-706, Gender and Economic Status Discrimination
Nov 25 Quiz
Dec 2 Moot Court Argument
Dec 4 Moot Court Argument
Dec 13, 8:00 -10:00 am Final Exam
- Teacher: Neil Cogan