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Today’s Lecture: Constitutional Law I 1. The Course 2. The Rules

Lecture Organization: • Greetings • Teaching Approach • Subject Matter • Class Rules • Tips for Success Time

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 beautiful Questions: Has anyone had me before for a class? (Raise your hand) Time

Subject Matter About the Constitution, not Bill of Rights We can conceptualize the Constitution as having two parts: “Part A” “Part B -- amendments” “Constitution Proper” Bill of Rights

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

Time 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”

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)

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

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 question Consequences of inadequately answering the question (explain)

Course Rules Online Quizzes illustration • -- 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 Must take it by the 7th day: Quiz announced: grade penalty 1 7 8 7 days ahead of time Grade is penalized one letter if you take it on the 8th day No excuses allowed! Example: computer excuses To avoid problem, take it before the 7th and 8th day

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 oftime -- 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 • Ordinary Class Participation Three kinds: (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 • Deposit in the correct ANGEL drop box • within 7 days of the utterance • Include the substance of the comment Ordinary Class Participation:

Course Rules Quality Points • Deposit in the correct ANGEL drop box • within 7 days of the utterance • Include the substance of the comment • Include the point value! Getting the points Extraordinary Class Participation: Notice! Don’t ask for points after a comment and remember this is like the pass interference call in football

Course Rules Quality Points • Deposit in the correct ANGEL drop box • within 7 days of the utterance • do NOT include your factual rendition Getting the points Giving Case Facts:

Course Rules Quality Points • 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! Getting the points Case briefs: 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 • Deposit in the correct ANGEL drop box • 5 days before a quiz posting or exam date • include a hard copy Drafting Multiple-Choice Questions: 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).

Time 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.

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 Don’t rely too much. Technical difficulties and time constraints. This is not a web-based course. -- [Explain how it works] -- At least a seven day delay Alert!

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

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