Seminar in U.S. Politics
The Supreme Court of
the United States
POL 496e
TuTh 1:45-3:00, ALC 18
Prof: Dr. Jim L. Riley Regis University
Spring, 2010
Office Hours
Monday & Wednesday: 10:30 - 2:00
Tuesday &Thursday: 3:00 -4:00
Friday: By Appointment
Office: Carroll Hall 215
Office Phone: (303) 458-4974
e-mail: jriley@regis.edu
web page -- http://academic.regis.edu/jriley
Texts: The Supreme Court, (10th ed.)
Lawrence Baum
Supreme Conflict: The Inside Story of the Struggle for Control of the United
States Supreme Court, Jan Greenburg
The Nine: Inside the Secret World of the Supreme Court, Jeffrey
Toobin
Members of the U.S. Supreme Court
John Roberts, Chief Justice
(2005)
The first sentence in the Regis Mission Statement reads:
"Regis University educates men and women of all ages to take leadership roles and to
make a positive impact in a changing society." Understanding the nature of
politics in its broadest sense is crucial to this goal. This course seeks to expand
the political knowledge of students such that each of them is better able to become
capable and responsible leaders in our society that is so deeply penetrated by things
political.
1. Introductory Remarks: The topic of
this seminar is the Supreme Court of the United States. This unique governmental
institution has played and will continue to play a core role in the American political
process. Understanding its history, personnel, powers, limitations, decision making
processes, special roles and other features is essential for any student seeking knowledge
about the American political and legal systems.
Because this class is of a small size, daily student participation is essential.
This requires, of course, attendance in class along with preparation by way of
reading assignments and presentations. One-third of the course grade will be
determined by the overall quantity and quality of student in-class participation
(including the leadership of class discussions as noted below). The remaining
two-thirds of the course grade will be determined by the quality of the out-of-class
research papers (described below).
Each student will be expected to lead the class discussion on three of the
topics in the Greenburg book. This section of the class begins on February 23 and finishes on April
13.
Assignments for the leadership of these discussions will be made on January 26. The "TBD" designation will be replaced
with student names.
2. Paper Requirements: It is expected that each of the
two research papers will result in a polished product. As a general rule,
technical errors (i.e. typographical mistakes, misspellings, sloppy erasures, sentence
fragments, etc.) totaling in number an amount greater than the number of pages in the
paper, will result in grade penalties that become more severe as their frequency
increases. Moreover, papers which deviate significantly from acceptable form (i.e.,
incorrect or missing footnotes, incorrect or missing bibliography, incorrect or missing
table of contents, etc.) will likewise be penalized. Proper form may be gleaned from a
careful review and use of Kate Turbian's A Manual For Writers of Term Papers, the MLA
Handbook for Writers of Research Papers, or other commonly used form guide. There is much
valuable information on proper form that can be found at the Regis University Writing Center web site.
Information on citing Internet sources may be found here.
Each project should result in a typewritten or computer printed paper of
approximately 10 - 15 pages. In addition to the body of the paper, there must be a title
page, a table of contents, headings within the body of the paper that correspond to the
table of contents, footnotes or end notes, and a complete bibliography of all sources
used. Enough copies should be provided on the due date for each member of the class
(including the instructor). Each paper will contribute 1/3 of your course grade
3. Research Papers Content:
(A) There is on the Internet a site at which
one may hear the oral arguments that were
presented before the Supreme Court in selected cases. Each student is assigned the
task of listening to one oral argument in its entirety (about one hour) and providing a
written report on this argument. The case chosen must be submitted to me for
approval on February 2. Because cases of a more recent
vintage sometimes include enhanced information (a written text accompanying the audio and
information as to who is speaking) it is desirable to select such a case. The
prospectus should also provide a brief statement as to why the chosen case was selected.
This report shall include the following: (1) name of the case, (2)
date of the oral argument, (3) name of the lawyers arguing the case, (4) a summary of the
main points made in the oral argument by each attorney, (5) a description of important
comments made by the Justices, (6) your views on what made the arguments effective or
ineffective and (7) a description of your impression of the comments/questions posed
by Justices.
(B) There have been seventeen Chief Justices of the United States.
Some have been instrumental in shaping institutions and policies of this country.
Your second paper should be devoted to an examination of one of these men with a
goal of describing and evaluating his significance regarding the political and legal
features of the United States. This will require a close examination of both his
constitutional philosophies and methods of guiding the Court.
In the Dayton Memorial Library there is placed on two hour reserve a
reference book that may be useful in beginning your search for a Chief Justice to examine.
The book is titled The Supreme Court Justices: Illustrated Biographies,
1789-1995 (2nd edition). Obviously those members of the Court who were
appointed after publication are not included. No less than five sources shall be
used in gathering information about the selected Chief Justice. This prospectus will
consist of the name of the Chief Justice selected along with a one
paragraph explanation as to why he was chosen.
In addition there is on reserve: (1) A Court
Divided, Mark Tushnet and (2) Storm Center: The Supreme Court in American
Politics, David O'Brien.
4. Deadlines: A one-page typed or computer printed
prospectus for the first paper is due in class on February 2.
This will be returned to each student and must be attached to the final paper which is due
in class on February 16. You need to bring to
class on that date one copy of your paper for each member of the class. I will
read, evaluate and then grade these papers. They will be returned by February 23. If you wish to revise and resubmit that paper
you may do so no later than March 2. I will then
re-evaluate and re-grade that paper substituting the second grade for the initial one.
The second paper will not have this option. The revised submission must
include both the original paper and the revised one. Late papers will be heavily
penalized.
The second paper prospectus is due on
March 16 with the final paper due on
April 15 at which time a copy shall be given to each
member of the class. No revisions to this paper will be allowed.
5. Use of the Internet and E-Mail: Each student
should establish an e-mail account within the first week of the semester. I will send
various e-messages to you during the semester. Students are expected to check their
e-mail daily.
Because the Internet has become such a valuable tool for gathering
information and enhancing communication, we will be making extensive use of this during
the semester. Periodically I will assign reading material to be gleaned from the
"net." These assignments will be given by e-mail.
17. Academic Integrity: It is expected that students will act
honorably in all activities related to this course and will refrain from any form of
academic and professional dishonesty or deception in the classroom, clinical, and other
learning settings. These behaviors include cheating, plagiarism, falsification of data,
falsification of records, and aiding and/or abetting dishonesty.
18. Accommodation of Disabilities: For
information regarding Regis disability services policies, visit the web site of the Office of Disability Services.
19. Course Withdrawal Policy:
Students are expected to know and observe the published deadlines
for (a) dropping the course and (b) withdrawing from the course. These deadlines
are published on the University's Academic Calendar, which is available in the
Bulletin, the course schedule and is in the Dean's Office.
THESE DEADLINES ARE NOT FLEXIBLE.
20. Important Dates and Deadlines:
- 1/26 -- Assignment of class discussion leaders
- 2/2-- Prospectus for Paper #1 due
- 2/16 -- Paper #1 due
- 3/2 -- Resubmission deadline
- 3/16 --Prospectus for Paper #2 due
- 4/15 -- Paper #2 due
Key Web Sites
About
the U.S. Supreme Court
Demographics of the Supreme Court
Rules
of Supreme Court
How U.S Courts Work
Federal Judicial
Home Page - FAQ's
OYEZ
Legal Information
Institute
Justices of U.S.
Supreme Court
The Supreme
Court Historical Society
American Judicature Society
John
Marshall: Definer of A Nation
Possible Supreme
Court Nominees of President Bush
Possible Supreme Court Nominees of President Obama
C-Span
Court Page
History of the
Federal Judiciary
FAQ's Regarding
Judicial Selection
Remarks
of Oliver Wendell Holmes, Jr.
Why
Supreme Court Justices Succeed
Semester Schedule
(Highlighted
Link is Assigned Reading)
Date, Topic and Reading
Discussion Leader
1/19 Course
Introduction
Riley
1/21 Video on Supreme
Court Article III,
Federalist #78
Riley
1/26 & 1/28 The Court (Ch. 1
& 2 Baum)
Ashwander Rules of Judicial Self Restraint
Riley
2/2
& 2/9 (No Class 2/4) Historical Survey of Court
Riley
A. John Marshall: Nationalism, Court Power and Private
Property
B. Roger Brooke Taney: State's Rights
and White Supremacy
C. Salmon P. Chase: Retreat and Resurgence (Chase
Court Picture)
D. Morrison
Waite: Post Civil War Focus
E. Melville Fuller:
Economic Freedoms and Ameliorator of Fractious Court
F. Edward White: The Rule of
Reasonableness
G. William Howard Taft: Lobbying for the Court
H. Charles Evans
Hughes: Leading the Court in Time of National Crisis
I. Harlan Fiske Stone: The
Famous Footnote
J. Fred
Vinson: Cronyism Influences the Court
K. Earl Warren:
Judicial Activism and Civil Rights
L. Warren Burger: Pomposity plus Deviousness
M. William H. Rehnquist: Federalism
is Alive and Well
N. John Roberts: To be Continued
2/11 The Cases (Ch 3,
Baum) Setting the Court's Agenda Riley
2/16 Making Decisions (Ch 4,
Baum)
Riley
2/18 Discussion of
Student Research Paper #1 (Student Papers)
Riley
2/23 Days End
(Greenburg, Ch. 1)
JS
2/25
Settling (Greenburg, Ch. 2)
LH
3/2 False Hopes
(Greenburg, Ch. 3)
JS
3/4
The Devil You Don't (Greenburg, Ch. 4)
LH
3/16 The Youngest,
Cruelest Justice (Greenburg, Ch. 5)
JS
3/18 Change of Heart
(Greenburg, Ch. 6)
LH
3/23 The Clinton Way
(Greenburg, Ch. 7)
JS
3/25 The Natural
(Greenburg, Ch. 8)
LH
3/30 Except He's Not a
Woman (Greenburg, Ch. 9)
JS
3/31 Trust Me (Greenburg,
Ch. 10)
LH
4/6 Deconstructing Miers (Greenburg, Ch. 10) JS
4/8 Deconstructing Sotomayer LH
4/13 A Full Court
(Greenburg, Ch. 11)
JS
4/15 Policy Outputs (Baum, Ch. 5)
Riley
4/20 Impact of
Court (Baum, Ch. 6)
Riley
4/22 & 4/27 Discussion of
Student Research Paper #2 (Student Papers)
Riley
4/29 Course Wrap
Riley