Topics in Constitutional Law
Political Science 204
W 6-8:30 C109

Fall 2004

Instructor: Peter Watkins                                                                                                                                                Office Hours: M-F
Office: CEC 208                                                                                                                                                                   8-8:50 and by
Office Phone: x6350                                                                                                                                                           Appointment
peterw@saintjoe.edu

Introduction

This semester we will consider the work of the U.S.  Supreme Court in the areas of capital punishment, abortion, sexual privacy, the right to refuse treatment, and physician-assisted suicide. Much of our time will be spent reading the opinions of members of the Court. Much time will also be spent reading extralegal arguments that have peppered discussions of these contentious issues.

Four books should be purchased for this class. The texts are

The texts we will utilize this semester are available for purchase at the College bookstore. If you are unable to get a copy for any reason, please do not hesitate to contact me.

If you are a student with a disability, please meet with me at your earliest opportunity to discuss any accommodations you will need during class activity, examinations, and out of class assignments in order to participate fully and demonstrate your abilities.

Class Schedule

The course calendar can be found below. On it you will find a weekly breakdown of reading assignments. Half a letter grade (e.g. C+ to C) will be deducted every day a writing assignment is handed in late. Failure to attend class will also result in points being deducted (10 points per missed class) from your class participation grade. I will discuss exceptions to these rules at our first class meeting.  

August 25: Introduction, "The Execution" (Video)
September 1: Epstein and Kobylka Chs. 1, 3, Latzer Chs. 1-2, 13-14, "Execution Tapes" (Audio)
September 8: Bedau Chs. 1, 3, 5, 7, "Imposing the Death Penalty" (Audio)
September 15: Bedau Chs. 2, 4, 6, 8, "US Catholic Bishop's Statement" (Web) "Evangelium Vitae"  (Web), "Angel on Death Row"  (Video)
September 22: Epstein and Kobylka Ch. 4, Latzer Chs. 3, 6, 25 
September 29: Latzer Chs. 5, 22-24, "Juveniles and the Death Penalty" (Video)
October 6: "Democracy NOW! A Death Penalty Debate between Stephen Bright and Judge Alex Kozinski" (Audio), Class Reflections
October 13: Baird Part 1
October 20: Epstein and Kobylka Ch. 5, Griswold v. Connecticut (1965), Baird Chs. 7, 11-12
October 27: Epstein and Kobylka Ch. 6, Baird  Chs. 8-10, 13
November 3: Baird Part 4, "Catholic Leaders Link Politics, Religious Sacraments" (Audio), "Bishops Offer Catholics Advice on Politics" (Audio), "Catholic Abortion Stance a Factor in 2004 Election" (Audio)
November 10: "What is the Common Ground on Abortion?" (Video), Class Reflections
November 17: Bowers v. Hardwick (1986), Lawrence v. Texas (2003), Cruzan by Cruzan v. Director, Missouri Department of Health (1990)
December 1: Washington v. Glucksberg  (1997), Ronald Dworkin "When Is It Right to Die?" New York Times, May 17, 1994, Jeffrey Rosen, "What Right to Die?" New Republic, June 24, 1996, William H.A. Carr, "A Right to Die," Saturday Evening Post, September/October 1995,  Louis Vernacchio, "Physician-Assisted Suicide: Reflections of a Young Doctor," America, August 31, 1996, "Oncologist Peter Rasmussen" (Audio), "End of Life Decisions" (Audio)
December 8: Class Reflections

Please Note: You will need to download RealPlayer in order to play the audio selections assigned throughout the semester. The article by Dworkin is available on microfilm in the Robinson Memorial Library. The articles by Rosen, Carr, and Vernacchio can be accessed by visiting the library's website. Please utilize the EBSCOhost database.

Class Requirements

You will write three short papers this semester. 

Each case summary paper requires you to summarize, in your own words, the collective opinions of the members of the U.S. Supreme Court. A different case, from the list of cases considered during the semester, should be summarized in each paper. With the exception of Furman, Witherspoon, and Lockhart, the papers are due one week before the case is discussed in class. The due date for papers on Furman, Witherspoon, and Lockhart  is September 15. Each paper is to be 1-2 pages in length.

In the position paper you are required to outline your constitutional and extralegal perspectives on one of the areas (capital punishment, abortion, sexual privacy, right to refuse treatment, physician-assisted suicide)  under consideration in this class. The paper is to be a minimum of 5 pages in length. The paper is due December 8.  

I will discuss the papers in more detail as the semester unfolds.

Papers must possess a cover page, stapled in the top left-hand corner. They must be typed and double-spaced. A font size no larger than 12 pt. must be used. The right and bottom margins are to be 1 inch wide. The left margin is to be 1.25 inches wide. The top margin, with the exception of the first page, must be 1 inch wide. The top margin on the first page must be 2 inches wide. The papers must be handed in during class on the date the assignment is due. Failure to adhere to these requirements will lead to penalties being assigned.

I strongly urge you to take all your papers to the Writing Clinic. The Writing Clinic is located in Core 212. I also urge you to consult The Everyday Writer as you begin the writing process. If you do not have a copy of this text, and would like to peruse it, please let me know.

Finally, a portion of your grade will also be determined by the quality, and to a lesser extent the frequency, of your class participation. In order to effectively participate in class discussion you must keep up with the reading assignments. 

I tend to enjoy lively argument and debate in my classroom. I will frequently call upon students by name to address an issue we are considering. Please come prepared to express your views about the issues at hand.

Your grade will be computed in the following way:

                                                                                    Class Participation                                 140 points
                                                                                    Case Summaries @ 25 points each       50 points
                                                                                    Position Paper                                         100 points

                                                                                     Total                                                         290 points

No extra credit is available.

A=100%-94.5%, A-=94.4%-89.5%, B+=89.4%-86.5%, B=86.4%-83.5%, B-=83.4%-79.5%, C+79.4%-76.5%, C=76.4%-73.5%, C-=73.4%-69.5%, D+=69.4%-64.5%, D=64.4%-59.5%, F=59.4% and below.

Writing Portfolio

All political science majors are required to keep a portfolio of their written work. This portfolio will be reviewed by member of the political science faculty prior to your enrollment in the capstone course, Seminar in Political Science. Your portfolio should be kept on a computer disk. The department will supply disks. The type of assignments than can and should be placed in the portfolio will be discussed during the semester.

Office Hours and Contacting Your Professor

I will be available for conferences at the times noted above. If you would like to meet me at another time, please make an appointment to do so. Appointments can be made by calling the number listed at the top of the syllabus, by calling me at home (866-8768), or by sending me an e-mail message.

In addition to discussing issues or concerns related to the class during office hours or during other scheduled appointments, you should also feel free to drop by to talk about other issues. If I am unable to help, I will probably know the name of an individual on campus who can.

I will often contact the class via e-mail. Please check your e-mail on a daily basis.

Attendance Policy

A discussion of the college's attendance policy can be found in the Saint Joseph's College 2004-2005 Catalog. See pp. 47-48.

If you are a member of an athletic team, please identify yourself during the first class session. Professor Teresa Massoels, the Faculty Athletic Representative, has prepared an information sheet for members of the faculty, which addresses questions of athletic related absences. I will distribute this sheet to those identified as members of athletic teams. You, not your coach, are responsible for informing me of any athletic related absences.

Academic Honesty

"Whenever you are to do a thing, though it can never be known but to yourself, ask yourself how you would act were all the world looking at you, and act accordingly." - Thomas Jefferson

A discussion of academic honesty can be found in the college catalog.  Please familiarize yourself with this policy. It can be found in the Saint Joseph's College 2004-2005 Catalog. Please reference pp. 52-54.