PSC600 – Theories of Judicial Review
- Discipline: Political Science
- Type of service: Not specified
- Spacing: Double spacing
- Paper format: MLA
- Number of pages: 1 page
- Number of sources: 0 source
- Paper details:
- Course Description
Welcome to Theories of Judicial Review! This is an online course in which I hope we will have lively discussions with each other about constitutional interpretation and theory via multiple forms of written communication. The course will occur over six weeks, and we will focus on two modules per week. Each module will center around one or two readings on a particular topic. All course materials–readings, schedules, brief video lectures–will be posted on Blackboard. We will study controversies and theories behind the U.S. Supreme Court’s power of judicial review, whereby the Court can invalidate a law that it deems to be in violation of the U.S. Constitution. We will study competing perspectives on the origins of judicial review, including the textbook view concerning Chief Justice Marshall’s assertion of this power in the landmark Marbury v. Madison. We will also focus on various theories of constitutionalism and interpretation, including popular constitutionalism, defenses of judicial supremacy, originalism, living constitutionalism, and judicial minimalism. We will also examine the political context of the Court’s use of judicial review vis-a-vis the other branches of government–concerning both political foundations and supports for judicial review and political constraints on the use of judicial review. Finally, we will seek to relate this work to current cases being considered by the Court. With the course running concurrent with the most active month of Supreme Court ruling announcements (i.e., June), we will seek to apply these theories to the present context, both in assignments and discussions.
Course Goals
By the end of this course, you should be able to:
1-Generate original ideas, opinions, and critiques of theories of constitutional interpretation and express them clearly in writing.
1-Apply theories of constitutional interpretation to current U.S. Supreme Court cases and controversies.
- Text and Materials
- Textbooks
- You will need to obtain the following two books:
1-Bennett, Robert W., and Lawrence B. Solum. 2011. Constitutional Originalism: A Debate. Cornell University Press.
2-Tushnet, Mark. 1999. Taking the Constitution Away from the Courts. Princeton University Press.
- You can purchase these books online (e.g., Amazon)
- – Additional articles and book chapters will be posted on Blackboard. Students are also expected to follow legal developments regarding key Supreme Court cases in popular media outlets such as The New York Timesand The Washington Post. In addition, students should read posts on the following legal blogs:
1-SCOTUSBlog: http://www.scotusblog.com/
The Volokh Conspiracy: 2http://www.washingtonpost.com/news/volokh-conspiracy/
3-Balkanization: http://balkin.blogspot.com/
4-Concurring Opinions: http://www.concurringopinions.com/
- Course Structure
- Methods of Instruction
- The course will employ the following methods of instruction:
Lectures: I will post brief video lectures each week outlining some of the major issues in the readings and raising discussion questions for the discussion board.
Required readings: Students are expected to have read the readings each week in order to be prepared to participate in online discussions.
Discussion board participation: Students are expected to be active participants on the online discussion board.
- Assignments
This course includes the following assignments:
1-Discussion board participation: Student participation via the discussion board is a significant component of the course and is a major part of fulfilling overall course goals. Dialogue between class participants enhances an understanding of the material and ignites critical thinking and intellectual curiousity about key topics. Students are expected to participate on the online discussion forum for each topic of the course. I would like all students to give their general impressions of the reading for the day, including criticisms, things you particularly liked about the reading, constructive criticism of the material, questions you have to clear up any confusion, and general discussion questions you have. Use the discussion board to demonstrate that you have read and thought about the material in the readings.
2-Final paper on a legal issue and/or case relevant to the Supreme Supreme Court (approximately 5000 words): Sometime during the first two weeks of class, you will choose a Supreme Court legal issue and/or case that you are interested in. This can be a current case that is under consideration at the Court or a past case or issue that has been decided (and perhaps decided multiple times). I will give you some resources for choosing your legal issue or case. Your issue or case must be on a constitutional issue (e.g., the Court is considering whether or not to strike down a law or government action as a violation of the U.S. Constitution). You will research the issue or case extensively. If you choose a pending case, this includes reading the briefs of the litigants to the case, reading the lower court opinion, listening to Supreme Court oral arguments on the case, and reading media and legal blog coverage of the case. If you choose a past case(s), you should study the history of the rulings, read the opinions, and read secondary material about the case. Your final paper will offer a brief summary of the issues of the case. The bulk of your paper will be an intensive application of the theories and perspectives discussed in this class to the context of your case(s) or issue. Which theories are most appropriate for understanding your case or issue? What’s the most justifiable outcome and why? If you choose a pending case, feel free to predict how you think the case will actually be decided (including the voting lineup of the justices).
3-Blog post (approximately 1000 words) In the middle of the semester (after Week 3), you will write a blog post (like what you would see on a legal blog like SCOTUSblog, Volokh Conspiracy, or Balkanization) about the issue or case you have chosen. I will give you latitude on how you want to frame your post, but I encourage you to use it as an opportunity to begin putting forth some of your ideas that you will write about in your final paper. Your classmates and I will give you comments on the blog post, which will be your primary source of feedback for you post.
4-Blog post feedback: At end of week 4, you will provide feedback to one of your fellow classmate’s blog post.
- University Policies
Netiquette
- Please observe the following rules of Netiquette when submitting posts:
1-Remain professional, respectful, and courteous at all times.
2-Remember that a real human being wrote each post and will read what you write in response. It is easy to misinterpret discussion posts. Let’s give the benefit of the doubt.
3-If you have a strong opinion on atopic it is acceptable to express it as long as it is not phrased as an attack. Please be gracious with differing opinions.
4-When upset, wait a day or two prior to posting. Messages posted (or e-mailed) in anger are often regretted later.
5-Proofread and use the spell check tool when you type a post. It makes the post easier to read and helps your readers understand what you are saying. If you discover a mistake after publishing the post you can reopen and correct it.
- The instructor reserves the right to delete any post that is deemed inappropriate for this discussion forum without prior notification to the student. This will include any post containing language that is offensive, rude, profane, racist, or hateful.
- Posts that are seriously off topic or serve no purpose other to vent frustration will also be removed.
- Academic Integrity
Academic dishonesty is defined as cheating of any kind, including misrepresenting one’s own work, taking credit for the work of others without crediting them and without appropriate authorization, and the fabrication of information. Common examples of academically dishonest behavior include, but are not limited to, the following: Cheating; Fabrication; Plagiarism; Falsification and forgery of University academic documents; Facilitating academic dishonesty.
