Constitutional Law II: Civil Rights and Liberties

Spring 2004

Dr. Dickson

PB&J 285 x4013 dickson@sandiego.edu

Office Hours: MW: 12-2; F: 12-1

Jan.

26 Introduction.

28 The Court and the Constitution. Fisher, ch. 19 A-F

30 Political Participation. Ch. 18 B

Feb.

2 Political Participation. Fisher, Ch. 18 C

4 Political Participation. Fisher, Ch. 18 C, D, A

6 Racial Discrimination. Fisher, Ch. 15 A-B

9 Race, Continued. Fisher, Ch. 15 C

11 Race, Continued. Fisher, Ch. 15 C-D

13 Race Continued

16 Race, Continued. Fisher, Ch. 15 D-E

18 Race, Continued. Fisher, Ch. 15 E

20 Race, Concluded

23 Sex, Kids, Prison and Poverty. Fisher, Ch. 16 A-B

25 SKIPPY, Continued. Fisher, Ch. 16 C

27 SKIPPY, Continued. Fisher, Ch.16 C-D

Mar.

1 SKIPPY, Continued. Fisher, Ch.16 D-End

3 SKIPPY, Concluded

5 MID-TERM

8 Movie!

10 Privacy Rights. Fisher, Ch 17 A-B

12 Privacy, Continued. Fisher, Ch. 17 B-C

22 Privacy, Continued. Fisher, Ch. 17 C-D

24 Privacy, Continued. Fisher, Ch. 17 D-F

26 Freedom of Speech. Fisher, Ch. 10 A

29 Speech, Continued. Fisher, Ch. 10 A-C

31 Speech, Continued. Fisher, Ch. 10 C-D

April

2 Speech, Concluded. Fisher, Ch. 10 D-F

5 Freedom of the Press. Fisher, Ch. 11 A-B

7 The Press, Continued. Fisher, Ch. 11 C

14 Speech and Press, Continued. Ch. 11 D

16 Speech and Press, Ch. 11 E

19 Freedom of Religion. Fisher, Ch. 12 A-B

21 Religion, Continued. Fisher, Ch. 12 C

23 Religion, Continued. Fisher, Ch. 12 D

26 Religion, Concluded. Fisher, Ch. 12 E-F

28 Rights of the Accused. Fisher, Ch. 13 A-B

30 The Accused, Continued. Fisher, Ch. 13 C-E

May

2 The Accused, Concluded. Fisher, Ch. 13 E-F

5 Search and Seizure. Fisher, Ch. 14 A-C

7 Search and Seizure, Continued. Fisher, Ch. 14 C-E

10 Search and Seizure, Continued. Fisher, Ch. 14 E Paper Due.

FINAL EXAM: May 14 @ 11-1.

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Book: Fisher, American Constitutional Law (5^th ed.). Additional cases will be placed on e-reserve as circumstances warrant.

Course Aims:

The goal of this class is to come to grips with the boundaries and foundations of our individual liberties, as defined by the Bill of Rights and the Civil War Amendments, and as interpreted by the Supreme Court. While Supreme Court decisions are the primary focus of reading assignments and class discussions, broader theoretical issues concerning the nature and limits of individual rights will also take up a significant share of class time.

The Socratic Method:

I teach by entering into a dialogue with individual students concerning the topics of the day. There will be few, if any, lectures in the traditional sense. Instead, I will select the names of two or three students each day and we will hold an extended discussion designed to test your ability to understand, analyze, defend and/or criticize court decisions and the implications of the justices' arguments. While this style of teaching may be new to some of you and will undoubtedly cause you some anxious moments (especially early on in the semester) you will soon grow more comfortable with my methods, and your Maalox consumption should decrease markedly by the midterm exam. The hope of the Socratic method is that you will not simply absorb information passively, but will be encouraged to think for yourselves, and think on your feet. In the end, you will develop a more independent, dynamic understanding of the Constitution, the courts, and civil rights than would be possible in a passive, traditional lecture course.

While you are welcome to volunteer at any time, I tend to call on people at random and ask questions without prior notice. If you do not wish to participate, you may pass at any time by simply saying "pass." The first day that you pass is free, but any additional passes count against your grade-- not much at first, but a pattern of passes can cause a significant drop in your grade. While formal attendance is not taken, if your name is on my list and you are absent, it will count against your grade more than had you come to class and passed- so come to class.

Case Report:

During the course of the semester, you are to select a U.S. Supreme Court case that interests you, and write a brief (10 page) paper on the social and legal effects of the case. Your analysis will cover three aspects of the case: the legal, social and political context leading up to the case (the political environment in which the case arises and is decided); an analysis of how the justices handled the case at the Supreme Court level; and the legal and political consequences of the court's decision (the impact of the decision).

There are three main aims of this report: to allow you to research in depth a case that interests you; to test your ability to do scholarly research in both the undergraduate and law libraries; and to sharpen your descriptive and analytical writing abilities. Your report must include footnotes and a bibliography. Sources may include books, law and political science journals, and newspapers and magazines. You must include law review articles and books from the law library in your analysis. Political cartoons are interesting, and I will award a bonus point if you turn in at least one political cartoon which deals with your case. No duplication of cases will be allowed. Those of you who have taken Constitutional Law I will not be allowed to work on the same case you did last semester. The paper is due on the last day of class.

Grades:

Mid-Term: 25%

Final: 40%

Class Participation: 20%

Case Report: 10%

Pop Quiz: 5%

NOTE: There will be no make-up exams, nor will anyone be allowed to take the final exam either earlier or later than the scheduled date. There are only two known exceptions to this policy: serious illness or death, and both require my prior permission. To protect the integrity of the exam and to preserve the quiet bliss of the test-taking experience, once an exam begins no one will be allowed to leave the room until finished with the exam. So please do not chug five cups of coffee right before you take the exam.