Course Catalog

HIS376E History of Constitutional Issues: Institutional Powers (3 credits) 9588

COURSE DESCRIPTION
Considers the development of judicial review in relation to the powers of the President and Congress. Focuses on judicial interpretations of the commerce and taxing clauses as well as state powers under the due process clause of the 14th Amendment.

LEARNING RESULTS
The learner will be able to:
• Trace the historical alteration of the concept of Federalism
• Discuss the role of Judicial Review in altering the role of the US Supreme Court in the American Political System
• Identify and describe how the due process clause in the Fourteenth Amendment enhanced the power of the federal government in the twentieth century
• List key court cases critical for understanding US Constitutional development
• Summarize historical developments in the legislative, judicial and executive branches
• Detail how judicial decisions regarding the commerce clause have shaped congressional power in the twentieth century
• Identify the "Constitutional Revolution of 1937"

REQUIRED TEXTS AND MATERIALS
• O’Brien, David, Constitutional Law and Politics: Vol. 1, 6th ed. struggles for power and government accountability. Houghton-Mifflin, 2006.
• William H. Rehnquist, The Supreme Court revised and updated. Vintage, 2001.

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INTEGRATION OF FAITH AND LEARNING
This course in general raises important questions related to questions of faith and learning as issues of faith and free will are natural when exploring the Constitution. Specific readings also raise issues of faith and learning for example, Thomas Haskell's "The Curious Persistence of Rights Talk" and Ivers "Interpreting the Constitution" address how, for modern constitutional scholars, the question of Natural Rights is dead. Robert Bork in a polemical essay "Our Judicial Oligarchy" suggests that this has allowed judges to substitute their own morality for constitutional doctrine. This will likely surprise and challenge students intellectually to grapple with their ideas of Christianity and governance. Three assignments have been designed specifically to allow students to formulate and articulate how this course has been integrated with their faith: assignment two which touches upon the means of interpreting the constitution; assignment twelve which asks students to prepare an opinion piece, and assignment fourteen which explicitly asks them to address the faith and learning issue.

LEARNING DOCUMENTATION AND EVALUATION
To determine if the course learning results have been attained, students document their learning by submitting the following items:
• Essay Discussing Structure of Constitution - 50 points
• Essay on Natural Rights - 50 points
• Essay on Judicial Review - 75 points
• Essay on Limits of the Supreme Court - 75 points
• Essay on Legislative and Executive Power - 100 points
• Chart on Legislative and Executive limitations - 25 points
• Essay on Revolution of 1937 - 50 points
• Essay/Chart on Commerce Powers - 100 points
• Essay on Fourteenth Amendment - 75 points
• Essay on Tenth Amendment - 75 points
• Timeline Economic Regulation - 25 points
• Editorial Cartoon - 25 points
• Legal Brief - 50 points
• Reflections Faith Essay - 50 points
• Reflective Summary Paper - 150 points
TOTAL POINTS = 975 Points
There are 15 assignments and 0 examinations for this course.