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Constitutional Law

Syllabus

Essential Questions

  • What are the foundational arguments for ratification?
  • How have the Bill of Rights been interpreted over time?
  • How can we ensure that the principles of the Constitution are being upheld now and in the future?

Week 1: Getting Started

Unit 1: Foundations of American Democracy (Weeks 2-4)

Week 2: Ideals of Democracy

  • Interpret how ideas from The Enlightenment influenced the Founding Fathers in crafting the Declaration of Independence and the United States Constitution.
  • Compare claims in the Declaration of Independence to the ideals of Enlightenment Thinkers.
  • Analyze the point of view and purpose of The Leviathan, Second Treatise of Civil Government, The Spirit of the Laws, and The Social Contract.

Week 3: The Constitution

  • Compare claims made in Federalist No. 10 and Brutus No. 1 as they relate to the role of a central government and ratification of the United States Constitution.
  • Discuss the ethical standards set in the 3/5th Compromise.
  • Analyze the historical context, intended audience, purpose, and point of view of Federalist No. 51 and describe the relationship this foundational document had on ratification of the United States Constitution.

Week 4: Federalism in Action

  • Explain the principle of judicial review and how it checks the powers of the other institutions and state governments.
  • Explain how the appropriate balance of power between national and state governments has been interpreted by the Supreme Court over time.
  • Discuss decisions made by the Supreme Court of the United States by constructing case briefs based on specific rulings.

Unit 2: Civil Rights and Liberties (Weeks 5-8)

Week 5: The Bill of Rights

  • Explain how the US Constitution protects individual rights and liberties.
  • Describe the rights protected in the US Constitution.

Week 6: The First Amendment – Freedom of Religion

  • Explain how the Supreme Court's interpretation of the First Amendment reflects a commitment to individual liberties.
  • Compare the decisions in Engel v. Vitale (1962) and in Wisconsin v. Yoder (1972) to other Establishment Clause SCOTUS decisions as they relate to an individual's civil rights and liberties.
  • Investigate other Freedom of Religion SCOTUS cases and construct an argument and case brief agreeing or disagreeing with the Court's decision.

Week 7: First Amendment – Freedom of Speech

  • Explain how the Supreme Court's interpretation of the First Amendment reflects a commitment to individual liberties.
  • Compare the decisions in Tinker v. Des Moines Independent Community School District (1969) and Schneck v. United States (1919) as both relate an individual's freedom of speech.
  • Investigate other Freedom of Speech cases and construct an argument and case brief agreeing or disagreeing with the Court's decision.

Week 8: First Amendment – Freedom of the Press

  • Explain how the Supreme Court's interpretation of the First Amendment reflects a commitment to individual liberties.
  • Analyze and interpret the decision in New York Times Co. v. United States (1971) as it relates to freedom of the press.
  • Investigate other Freedom of The Press SCOTUS cases and construct an argument and case brief agreeing or disagreeing with the Court's decision.

Unit 3: Due Process (Weeks 9 and 10)

Week 9: Selective Incorporation

  • Define selective incorporation
  • Analyze and interpret the decision in McDonald v. Chicago (2010) as it relates to the doctrine of selective incorporation
  • Investigate other selective incorporation SCOTUS cases and construct an argument and case brief agreeing or disagreeing with the Court's decision

Week 10: Due Process and the Rights of the Accused

  • Evaluate the extent to which states are limited by the due process clause from infringing upon individual rights
  • Analyze and interpret the decision in Roe v. Wade (1973) as it relates to due process and the right to privacy.
  • Investigate other due process and the right to privacy SCOTUS cases and construct an argument and case brief agreeing or disagreeing with the Court's decision.

Unit 4: The Legacy of the Warren Court & Contemporary Courts (Weeks 12-14)

Week 12: Government Responses to Social Movements

  • Define strict constructionist verse loose constructionist and identify how this point of view influences SCOTUS rulings.
  • Analyze and interpret the decision in Brown v. Board of Education of Topeka Kansas (1954) as it relates to the Constitution's Fourteenth Amendment
  • Investigate other SCOTUS cases that hold similar constitutional questions as Brown and construct an argument and case brief agreeing or disagreeing with the Court's decision.

Week 13: Affirmative Action

  • Define affirmative action.
  • Analyze and interpret the decision in Regents of the University of California v. Bakke (1978) as it relates to affirmative action.

Week 14 Comparing SCOTUS Cases

  • Compare decisions made by the Supreme Court by: A. identifying the constitutional clause relevant to each case B. explaining similarities and differences in each case C. describing an action an organization could take regarding the ruling.

Week 15: Wrapping Up

  • Identify and explain the most important takeaways from Constitutional Law
  • Evaluate the effectiveness of the course.
  • Identify and explain which SCOTUS decision is the most influential of all time