LS: Pre-Law: Course Syllabus

PLA/HIS 440

Special Topics in Law

History of the Supreme Court

 

 

Associate Professor RICHARD POLAND, JD - Kenan 309
Hours: M-F 7:30-9:00 A.M. or by appointment
Phone: 819-6338. E-mail: polandrc@flagler.edu

Course Description, Objectives, Outline:
This course is designed to introduce students to the historical development and processes of the United States Supreme Court. Many times, history is colored by the perceptions, political and otherwise, of historians. Accordingly, students will be required to examine the Court’s history as reported by Bernard Schwartz, Peter Irons, and others with differing perspectives. The objectives of this course are to foster the critical thinking and analytical skills of pre-law and history students. Students will examine landmark cases of the U.S. Supreme Court which have affected the history of the United States of America.

I. Introduction and Historical Setting
II. The Supreme Court in the 19th Century
III. The Supreme Court in the 20th Century
IV. The Processes and Politics of the Court

Required Texts:
A History of the Supreme Court, Bernard Schwartz, 1993, Oxford University Press.
A People’s History of the Supreme Court, Peter Irons, 1999, Penguin Books.
Additional resources are available at: www.flagler.edu/academics/prelaw/index.html

A general outline of the reading assignments is listed on the COURSE SCHEDULE. The instructor will announce the next meeting’s assignment at the end of each class period. Readings will serve as the foundation for class discussion. Every student is expected to complete the reading assigned for the day before the beginning of class. Student and instructor discussion will be the backbone of this class. Instructor lectures will play a limited role in this course; thus, it is absolutely essential that students complete the required reading before, not after, each class.

Class Participation:
This instructor, and indeed many teachers of history and law, firmly believes that student participation is an essential part of introducing students to the study of law and history. Therefore, student participation will be the most common feature of this class. Students can expect to be randomly called upon by the instructor to answer questions, provide opinions, and lead the class discussion. Again, it is imperative that students do all the reading to prepare for each class meeting.

NOTE: I do not expect you to have mastered the material before entering class; nevertheless, I expect you to participate actively in class to gain an understanding of the material and the issues this course engages. Always keep in mind that valuable class participation includes raising questions about what you do not understand, as well as commenting on what you do understand. Also, questioning or challenging the assumptions and arguments of the authors of the material or the instructor and demonstrating a firm grasp of the material is essential.

To prepare adequately for class, you should think about questions like the following: What are the author’s central arguments? What evidence does the author marshal to support the argument being defended? What are the strengths and weaknesses of the argument? Do you agree or disagree with the author and on what grounds? How does the author help us understand the Supreme Court and its history? Furthermore, reflect carefully on arguments the author makes that strike you as strange, wrong, or even absurd. Consider how a relatively intelligent and thoughtful person (our authors meets this standard) might reach such historical conclusions.

Student participation grades will be calculated by considering your performance on the following four items. While conceptually distinct, the items are obviously inextricably linked. Class participation counts for 10% of the grade.

- Participation: Comments and responses to the instructor’s questions rooted in the reading.
- Initiative: Class questions, comments, and observations from material relevant to the class discussion.
- Engagement: Evidence that the student is following the discussion. Are the comments offered relevant? Is the student listening and taking notes? Does the student appear to have read? Obviously, sleeping, reading, looking at the clock, allowing your cell phone to ring, or examining your calendar will not help your grade.
- Outside Contributions: This may include relevant references to current events and material from other classes. It may also include conversations with the instructor about the material outside of class.

Course Requirements:
Mastery of the course materials is required. Each student must brief Supreme Court cases, write and present a 6-8 page paper on one Supreme Court era, and pass a final exam. Each student will have one presentation. Papers must be typed with 12-point font, have one-inch margins, and be double-spaced. A Works Cited page is required with at least three outside sources. The APA format is recommended.

Attendance:
Regular and prompt attendance is essential for students to participate thoughtfully in class discussion. Students who miss the equivalent of 10 per cent of the classes - three for this course - will have their final course grade reduced a full grade. In accordance with the Flagler College Attendance Policy, (see the appropriate section of the College Catalog or the Student Handbook) students who miss more than five classes during the semester will receive a “WF” or a “WP” for the semester, whichever is appropriate. Excused absences must have explicit approval from the instructor or dean and will require appropriate documentation. Class begins promptly. Please be on time. Arriving late is disruptive and rude to your classmates and your professor. Students will receive one (1) absence for every two occasions they are late for class.

Grading:
Final grades will be determined by performance on the requirements listed above. The weight of each is indicated below.

Class Participation 10%
Paper/Presentation 20%
Case Briefs 20%
Final Examination 50%

Grades shall reflect the following scale.
A (90-100) Excellent
B (80-89) Good
C (70-79) Average
D (60-69) Below Average
F (59 & Below) Failure

Academic Honesty:
Students are required to adhere to the highest standards of academic integrity. Any violations of the College’s Academic Honesty policy will be severely punished. Students should refer to the appropriate sections of the College Catalog and Student Handbook for further information on this policy. Any questions about activity that might violate the basic tenets of academic integrity should be directed to the instructor.

Statement on Disabilities:
The Office of Services for Students with Disabilities at Flagler College provides information and assistance to students who have disabilities and who are in need of special accommodations. Services vary with individual need and include counseling and referrals, classroom accommodations, note-takers, interpreters, readers, and some specialized equipment. Those with disabilities affecting their learning are required to contact the Office of Services for Students with Disabilities.

Intended Learning Outcomes:
Students will 1) Understand the United States Supreme Court from an historical perspective and 2) Be able to brief United States Supreme Court Cases.


Course Schedule:
As the future is unwritten and uncertain, so too is this schedule subject to modification.

First Week: Introduction to Course. Review of Syllabus. Overruling The Court by Leon Friedman. Introduction to Legal Research at the Proctor Library. Irons Text pp. 1-82.

Second Week: Discussion of the Establishment and First Settings of Supreme Court: Schwartz Text pp. 1-14.

Third Week: Discussion of the First Court (1790-1801): S Text pp.15-31, I Text pp 83-95. Brief: Chisolm v. Georgia, Hylton v. U.S., and Calder v. Bull.

Fourth Week: Discussion of the Marshall Court (1801-1835): S Text pp. 32-68, I Text pp. 96-136. Brief: Marbury v. Madison, M’Culloch v. Maryland, and Dartmouth College v. Woodward.

Fifth Week: Discussion of the Taney Court (1836-1864): S Text pp. 69-125, I Text pp. 137-189. Brief: Cooley v. Board of Port Wardens, Luther v. Borden, and Scott v. Sandford.

Sixth Week: Discussion of the Chase/Waite Courts (1864-1888): S Text pp. 126-173, I Text pp. 190-247. Brief: Legal Tender Cases, Slaughter House Cases, and Munn v. Illinois.

Seventh Week: Discussion of the Fuller Court (1888-1910): S Text pp. 174-202, I Text pp. 248-264. Brief: U.S. v. E.C. Knight Company, Pollock v. Farmer’s Loan and Trust Company,
and Plessy v. Ferguson.

Eighth Week: Discussion of the White/Taft Courts (1910-1930): S Text pp. 203-224, I Text pp. 265-293. Brief: Standard Oil v. U.S., Coyle v. Smith, and Muskrat v. U.S.

Ninth Week: Discussion of the Hughes Court (1930-1941): S Text pp. 225-245, I Text pp. 294-347. Brief: Brown v. Mississippi, Parrish v. West Coast Hotel Co., and Schechter Poultry Corp v. U.S.

Tenth Week: Discussion of the Stone/Vinson Courts (1941-1953): S Text pp. 246-262, I Text pp. 348-382. Brief: Ex Parte Endo, Dennis v. U.S., and Youngstown Sheet & Tube Co. v. Sawyer.

Eleventh Week: Discussion of Warren Court (1953-1969): S Text pp. 263-310, I Text pp. 383-435. Brief: Brown v. Board of Edc., Griswold v. Conn., and Baker v. Carr.

Twelfth Week: Discussion of Burger Court (1969-1986): S Text pp. 311-361, I Text pp. 436-463. Brief: Roe v. Wade, U.S. v. Nixon, and Regents of the Univ. of Calif. v. Bakke.

Thirteenth Week: Discussion of Rehnquist Court (1986-date): S Text pp. 362-380, I Text pp. 464-484. Brief: Planned Parenthood v. Casey, Romer v. Evans, and Bush v. Gore.

Fourteenth Week: Analyze and synthesize various United States Supreme Courts and Cases.

Fifteenth Week: FINAL EXAMINATION. (See Registrar’s Schedule)

 

 

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