Check Sound

Check Mike

Time

Today’s Lecture:

Constitutional Law I

1. The Course

2. The Rules

Lecture Organization:

• Teaching Approach

Time

• Subject Matter

• Class Rules

• Tips for Success

• Greetings

Greetings!

-- My name is Sean Wilson

-- I’m a lawyer and a college professor

-- practiced law for 10 years (mostly criminal defense)

-- specialty: “judicial politics,” philosophy of law, American colonial history (analytic philosophy)

-- I’m a Pittsburgh Steeler fan

-- Favorite philosopher: Wittgenstein

-- I have a daughter who is as wonderful as she is beautifulTime

Questions:

Has anyone had me before for a class? (Raise your hand)

Subject Matter

About the Constitution, not Bill of Rights

“Part A”

“Constitution Proper” Bill of Rights

“Part B -- amendments”

We can conceptualize the Constitution as having two parts:

Subject Matter

Change in Power of the Federal Sovereign

When the American Constitution was created, “Uncle Sam” had a certain “look” to him … By the time this course ends, the look will radically change …

Subject Matter

Change in Power of the Federal Sovereign

Notice that the power of the federal organ radically changes over time even though the Constitution isn’t amended on that point. It’s the same legal language (same document)

Subject Matter

First Third of the Course (Part I)

History of the Constitution coming into being

Particular focus on the political culture, its generation, its ideas, its political conflict and the institutional structures it created

This part ends with the establishment of Judicial Review and the most important Supreme Court case in American history, Marbury v. Madison

Subject Matter

Second Third of the Course (Part II)

The story of the ascendancy of federal power in American government

See exactly how this transformation legally occurs.

Primarily consists of commerce-clause cases

Subject Matter

Final Third of the Course (Part III)

Largely categorical (not developmental)

Issues about separation of powers, taking one institution at a time:

-- bureaucracy first

-- Congress second

-- executive power third

-- Congress & the Court as “checking agents”

Time

Teaching Approach

Developmentalism

-- this class relies heavily upon a developmental approach

-- “Developmentalism” is the use of history to develop a subject matter (other than history)

-- The basic idea: If you show someone how something develops – if you can transcend the limits of time and watch it “grow” – your appreciation for what state it exists in today will change

Teaching Approach

Philosophical Concerns

-- along with development, we will periodically raise philosophic concerns

(questions about law, power, judging, and politics)

Teaching Approach

Never law for its own sake

-- this is neither a paralegal course, nor is it a law school course

–- the goal of political science should never be to imitate legal education

-- legal or paralegal education teaches you what law is so that you can use this commodity in the marketplace to take money from people

-- This course has a much broader concern ..

Not about what the law is; it is about what the law BEING “is” is all about

It is about how constitutional law in this subject domain comes to be SAID to be “the law,” and what this process itself says about the larger American political culture, governing institutions, decision makers, and politics that both dictate legality as well as are beholden to it.

Time

Course Rules

Size of the class

-- never had a Con Law class with 90 kids

-- two things result:

• two grading plans (paper is voluntary)

• multiple-choice exams and quizzes

(the syllabus is wrong; it says you have essay exams)

(we’ll talk more about the structure of those questions later on)

Alert!

Course Rules

Online Quizzes

-- will receive online quizzes periodically

-- unlike exams, dates are not firm

-- open- note/open-book

-- timed, but reasonably so (explain)

-- what is considered cheating (explain)

-- security questions

• Thing you should know about your self

• extra time is allotted for the questionConsequences of inadequately answering the question (explain)

Course Rules

-- written quizzes are available for anxious takers

-- “double notice” when quiz is posted

-- 7 days to take it after posting

-- 8th day results in a grade penalty; after 8, grade is F.

… take alook

illustration

Quiz announced:

7 days ahead of time

Must take it by the 7th day: grade penalty

Grade is penalized one letter if you take it on the 8th day

No excuses allowed!

1 7 8

Example: computer excusesTo avoid problem, take it before the 7th and 8th day

Online Quizzes

Course Rules

Exams

-- may be more rigorous than you expect

Alert!

-- missing an exam results in an F

-- you are not allowed to miss an exam unless you get permission ahead of time

-- Note this applies even if your excuse is great!

-- Must secure a make up time before you are allowed to miss.

-- the days missed must match the emergency (no free days) good documentation required!

Course Rules

Exams

-- may be more rigorous than you expect

Alert!

-- the only exception is if you are physically unable to ask for permission (e.g., being in a coma)

-- The key to this rule is asking ahead of time.

Course Rules

Email policy

-- must keep an active, working university email at all times

-- failure to check or “bouncing” is not an excuse

Course Rules

Textbooks

-- make sure you read the Gordon Wood book

-- I’m a big fan of Gordon Wood, so I will test you on it

-- I read the book myself over break and enjoyed it immensely

(it needs accompaniment however – the book assumes that you already have a working knowledge about concepts important to the study of colonial America)

(Will go pretty well with Part I lectures)

-- the thick book (Epstein) is our case book

(Won’t get into that for a couple of weeks)

Course Rules

Quality Points

-- These things are neat; pay attention

-- “Quality Points” are awarded for good things you do to help the classroom environment

-- They apply to three basic activities:

• oral participation in class

• “briefing” assigned cases (explained in a moment)

• drafting multiple-choice questions

Course Rules

Quality Points

Oral Participation

Three kinds:

• Ordinary Class Participation

(explain)

• Extraordinary Class Participation

(explain)

• Giving the “case facts”

(explain)

Course Rules

Quality Points

Briefing cases

-- won’t start for a couple of weeks

-- we’ll go over the format of the briefs later

-- Just remember two thing for now:

• briefs cannot be incorrect; you get points regardless

• plagiarism (Oyez & Wikipedia)Alert!

Course Rules

Quality Points

Multiple-choice questions

-- will give points for drafting quiz and exam questions for me (that come from lectures or reading)

-- If the questions are good, I’ll stick them on quizzes and exams

-- any student-written question that successfully makes it is given to students ahead of time, before they take the quiz/exam.

(like briefing, this is also good for people who don’t have the opportunity to talk or who are shy)

Course Rules

Quality Points

Getting the points

-- you don’t get the points unless you timely deliver the items in the right way

-- these rules are important, and they MUST be followed

Course Rules

Quality Points

Getting the points

Ordinary Class Participation:

• Deposit in the correct ANGEL drop box

• within 7 days of the utterance

• Include the substance of the comment

Course Rules

Quality Points

Getting the points

Extraordinary Class Participation:

• Deposit in the correct ANGEL drop box

• within 7 days of the utterance

• Include the substance of the comment

• Include the point value!

Notice!

Don’t ask for points after a comment and remember this is like the pass interference call in football

Course Rules

Quality Points

Getting the points

Giving Case Facts:

• Deposit in the correct ANGEL drop box

• within 7 days of the utterance

• do NOT include your factual rendition

Course Rules

Quality Points

Getting the points

Case briefs:

• Deposit in the correct ANGEL drop box

• before the class starts

• only applies to cases we are going to cover for that day in class!

Alert!

Pay attention to syllabus alerts! I will specifically announce which cases we will cover. If you don’t follow the progress of the course, you don’t get points

Course Rules

Quality Points

Getting the points

Drafting Multiple-Choice Questions:

• Deposit in the correct ANGEL drop box

• 5 days before a quiz posting or exam date

• include a hard copy

Notice!

If you do it sooner, the class gets earlier notice of success, and you avoid the problem of me having a “time crunch.”

Course Rules

Grading

-- There are no personalized grading plans

-- Every student is graded by the same syllabus criteria

Alert!

-- Grades are not favors or a fiefdom; they are only an indication of how often you scored in the game

• Steelers (did they deserve to win?)

• The Colts (what did they deserve?)

-- At the end, you only get what your score is; nothing more

-- If you don’t have enough points, blame yourself (the coach, players), don’t blame the referee or the game rules.

Course Rules

Parliament

-- This year, I am going to call for a student parliament

-- Students with excellent attendance OR a 90% average are assigned to the House of Lords

-- The rest of you are assigned to the House of Commons

(I’m going to be the King)

-- The Lords can initiate new class policy

-- The proposal must pass the entire Parliament and not be vetoed by the monarch (me).

Course Rules

Parliament

-- Parliament can only hold sessions during class; and I can prorogue

-- Lords should elect a speaker, who serves at the will and pleasure of the entire Parliament

-- The Speaker notifies me of when a session of Parliament is desired

-- Certain rules can’t be changed: e.g., exam dates and grade cuts.

-- we also can’t break any education laws.

-- But we can deal with small class policies.

Time

Tips for Success

Cumulative Material

-- watch out, this course will snowball

-- You will be lost and bewildered if you do not keep up

-- some of you will see, around mid-semester, what a law school course feels like

Tips for Success

Level of Difficulty

-- This class is more difficult than my other classes

-- More reading, and the reading is more important

-- If you are just trying to graduate or shooting for a C, run for the door NOW.

Tips for Success

Lectures

-- Understanding the lectures in this course is CRITICAL to your success

-- You should attend every day

-- However, if you must miss, there is a nifty option open to you

Lectures are “webcast” on my web page

-- [Explain how it works]

-- At least a seven day delay

Alert!

Don’t rely too much.

Technical difficulties and time constraints.

This is not a web-based course.

Tips for Success

Syllabus Alerts

-- subscribe to these (or review them daily)

-- Key updates on course progress

(probably should have been called “course alerts”)

Tips for Success

Pet Peeves

-- Do not email me asking to calculate your grade. (You should know how to do percentages yourself).

-- Never email me a paper. Emailed papers are not allowed.

-- Do not ask me what is happening in class if I have covered it AND posted it somewhere.

You have online lectures, PowerPoint slides, syllabus alerts, class emails, etc. If I have said it in class and posted it somewhere, I won’t repeat it again. (I won’t even answer the mail)

Tips for Success

Contacting me

-- Use Penn State email

-- If you need something immediate, try calling the office or going to my website under “chat, feedback”

(If you do decide to chat in that forum, please remember that it is NOT anonymous. So what you say theoretically goes out to the world)

Tips for Success

ANGEL “help”

-- Please read the online ANGEL help located in the Lessons Tab

-- You will be tested on your comprehension of what is there, not to mention the syllabus and this lecture. Testing you on course rules if fair game.

Tips for Success

My last semester here

-- I’m leaving for another university after this semester

-- The courses that I teach – especially the legal courses – tend to be a little different from the way others approach subjects.

-- You ought to get the most that you can out of what is here, because I don’t know that it will stay the same.

Tips for Success

Phyrst & Ted McCloskey

-- Occasionally I watch Ted McCloskey play guitar at this place downtown

-- If you happen to be there one night while I am minding my own business, I’d appreciate it if you left me alone

-- For God’s sake, don’t try to buy me a beer; it will NOT help your grade!

Questions?

Tips for Success

My website

-- let me show you my website

-- you will find course evaluations and other material there

-- feel free to participate in any forum that you like

-- Here are a couple

Classroom

Con Law Course Page

Time