LSJ 361 A Wi 22: United States Courts And Civil Liberty
Political Science 361
American Constitutional Law: Civil Liberties
Lecture Location: HCK 132, MW 2:30 - 3:50 pm
Instructor: Scott Lemieux
slemieux@u.washington.edu
Gowen Hall 114
Spring Quarter 2022
Office Hours: In-person office hours suspended for the beginning of the quarter, but may be available later -- please contact me if you have any questions.
Teaching Assistant:
Dennis Young, dyoung4@uw.edu
Office Hours: 9 - 11 am, Thursdays
Dennis Office Hours Link: https://washington.zoom.us/j/97289984762
Link to Zoom Section for May 13 - https://washington.zoom.us/j/92210292387
Case Brief Sign Up Link: https://docs.google.com/spreadsheets/d/1wPKXud1ZtPeTrxWTcPr-PP3aV8cSmcnhuaf6cBGL5gs/edit#gid=1016522448
Introduction: This is a course on civil liberties and the development of American constitutional law. Because many core rights are linked to our remarkably enduring Constitution, one might think of them as enduring and unchanging. However, in fact constitutional rights are a contestant site of change and political struggle, and the content of rights has changed considerably even as the formal text of the Constitution remains unchanged. We will explore these developments – how they occurred, why, and where the law now stands on important questions of civil liberty such as freedom of speech, religion, and freedom against unreasonable search and seizure.
The course is designed for students with an interest in American political and legal institutions, legal processes, rights, American political history, or the role of courts in society. No prior knowledge of constitutional law is presumed.
COVID-19 Policies: We are all in this together! We will adhere to UW policies as the pandemic evolves. As of the beginning of the quarter, masks are optional. Should masks be required at some point in the quarter, we will expect full compliance with the rule.
If you have symptoms (Links to an external site.), please do not come to class and do get tested (Links to an external site.). For FAQs about COVID-19 and UW Policy, go here (Links to an external site.).
Class, as of the beginning of the quarter, will be in-person. If the class has to be taken online because of a policy change, we are prepared and will discuss the details at that time.
Textbook: The primary reading for this class will consist of excerpts from prominent Supreme Court cases. These can be found in our casebook, David O’Brien Constitutional Law and Politics: Vol. II Civil Rights and Liberties (11th ed.)
The Constitution of the United States and Amendments. You will need to refer constantly to the text of the Constitution as you read cases, study for exams, and think about the material in this course. There is a copy in your textbook, pages 1‐21.
Reading cases. Although political scientists treat case law somewhat differently than law professors -- we tend to focus more on the reasoning in opinions and less on the particular facts of cases -- this is still a very useful guide (Links to an external site.) to the basic terminology in legal opinions and strategies for reading them.
General Requirements and Class Policies:
- Students are expected to come to class and have completed the assigned cases prior to class. Lectures will assume that students have read the assigned readings. Students are also expected to participate in class discussions. Attendance is necessary but not sufficient for obtaining participation credit.
- Exams missed without prior agreement with the instructor or a documented family or medical emergency will not receive a grade, without exception.
- Incompletes will only be given to students who have completed a substantial amount of the assigned work, and then only in cases of a documented family or medical emergency.
- Plagiarism, cheating, and other forms of academic dishonesty will result in a grade of “F” for the given assignment, and students will also be subject to the disciplinary procedures for such conduct outlined on the University of Washington website.
- Washington state law requires that UW develop a policy for accommodation of student absences or significant hardship due to reasons of faith or conscience, or for organized religious activities. The UW’s policy, including more information about how to request an accommodation, is available at Religious Accommodations Policy (https://registrar.washington.edu/staffandfaculty/religious-accommodations-policy/) (Links to an external site.). Accommodations must be requested within the first two weeks of this course using the Religious Accommodations Request form (https://registrar.washington.edu/students/religious-accommodations-request/) (Links to an external site.).
Exams: The exams will test your knowledge of the assigned cases and related constitutional controversies and your understanding of constitutional processes and concepts. Exams will consist of multiple choice, short answer and short essay questions. You must take the exams at the scheduled times. Do not take the class is you cannot take the final at the scheduled time. There will be three non-cumulative exams, weighted equally.
Briefs: Students will be assigned assignments to brief cases in section. A guide for writing a case brief can be found on p.1605 of your textbook.
PREPARING FOR CLASS. The readings for the class consist mostly of excerpts from judicial opinions in Supreme Court cases. Because judges write in the peculiar legitimating language of the law, these opinions can be difficult to understand. Judges do not write opinions in order to explain the issues in a case clearly or honestly. They are not trying to write so that a college student can study for an exam. They write opinions in an attempt to justify their rulings. They are producing arguments in favor of a particular outcome, not creating an accurate record of their reasoning in the case. Judges will sometimes deliberately obscure important issues in a case, offer misleading justifications, and omit very important facts or considerations.
This class has a fairly light reading load for a 300 level class, but this can be misleading. Because of the way judges write, you will need to read carefully and read between the lines to develop an adequate understanding of the cases. You will need to read each case more than once before you will understand it. For most students, it takes considerable time and practice to learn to read and understand cases. Reading should get easier as the semester progresses.
Grade Breakdown: Your final grade will consist 25% each for three exams and 25% for briefs, class participation, and any in-class assignments.
Class Schedule. Readings refer to chapters in the O’Brien book. Cases with an asterisk* will be excerpted on Canvas. You are responsible for the introductory text and specific cases assigned, but not any cases not listed here. Note: case lists are approximate, based on predications on how extensive discussion will be for each case, and events may compel a case substitution. Updates will be provided on Canvas, and an updated case list will be provided on Canvas prior to each exam.
- Introduction and Basic Concepts
3/28: Class Introduction
3/30: Incorporation (and the 2nd Amendment) (4A): Barron v. Baltimore, Adamson v. CA, Rochin v. CA, Duncan v. LA, McDonald v. Chicago
The First Amendment
4/4: Free speech (5A): All cases
4/6-20 Obscene and offensive speech (5B): Roth v. US, Miller v. CA, R.A.V. v. City of St. Paul, Virginia v. Black, Rust v. Sullivan, Brown v. Entertainment Merchants Assoc.
Libel (5C) : N.Y. Times v. Sullivan
Symbolic speech (5H): W.V. v. Barnette, Tinker v. Des Moines, Morse v. Frederick
Freedom of Association (5I): NAACP v. Alabama, Boy Scouts v. Dale
Freedom of the Press (5E): NY Times v. United States
Campaign Finance: Buckley v. Valeo(*), Citizens United v. FEC (*), Arizona Free Enterprise v. Bennett (*)
4/25 FIRST IN-CLASS EXAM
4/27-5/4 The Establishment Clause (6A): Everson v. Ewing, Engel v. Vitale, Lemon v. Kurtzman, Van Orden v. Perry/McCreary v. ACLU, Town of Greece v. Galloway, Lee v. Weisman
The Free Exercise Clause (6B): Sherbert v. Verner, Employment Division v. Smith, City of Berne v. Flores, Locke v. Davey, Burwell v. Hobby Lobby (*)
The intersection of free speech and religious freedom: Craig v. Masterpiece Cakeshop (*)
The Fourth Amendment
5/9 The Warrant Requirement (7A/B) Chimel v. CA, Terry v. Ohio,
Searches and the Administrative state (7D): All cases
5/11 Wiretapping (7E): Olmstead v. U.S., Kyllo v. U.S, U.S. v. Jones.
The Exclusionary Rule (7F): Mapp v. Ohio, Nix v. Williams, Utah v. Streiff
5/16 SECOND MID-TERM EXAM
Other Constitutional Issues
5/18 The Fifth Amendment (8A): Miranda v Arizona, Arizona v. Fulminante, Dickerson v. U.S.
The Sixth Amendment (A/B) Gideon v. Wainwright, MO v. Frye
Bonus case: Shinn v. Ramirez
5/23-6/1 The Eighth Amendment (10A/B): Ewing v. CA, Furman v. Georgia, , Roper v. Simmons, Glossip v. Gross (*)
The Right to Privacy (11A/B): Buck v. Bell, Griswold v. CT, Roe v. Wade, Planned Parenthood v. Casey, Whole Woman's Health v. Jackson(*), Lawrence v. Texas
The intersection of privacy and equality: Obergefell v. Hodges
THE FINAL EXAM WILL NOW BE ONLINE. The exam will be put online no later than June 3 and due June 8 by 6 PM through the "assignments" tab on the course Canvas page.