Introduction to Public Law

Political Science 350

Black Hall, Room 142

9:00-9:50 M-F

Fall 2005

Class Overview: Public Law studies the courts as a political institution. Despite our tendency to view the courts as dispassionate, blind, legal actors, the reality is that the courts are part of a larger political system competing with other political institutions. In other words, the courts don’t just follow/interpret the law in a vacuum. In this class, we will examine how the courts are affected by public opinion, political ideologies, other institutions, current events, and the internal mechanisms of the Court itself. In addition, we will study how the courts understand they have no “purse nor sword” and therefore must rely on the public will, and Congress and the President to carry out their rulings.

Required Reading:

Storm Center 6^th Ed (O’Brien)

The Most Activist Supreme Court Ever (Keck)

The People vs. The Courts (Manweller)

On-line Supreme Court Cases

Graded Assignments:

Paper # 1 (2-3 pp): An unconstitutional Constitutional Amendment? 50 pts

Paper # 2 (2-3 pp): A historical case study of one SC Justice nominee’s path to the bench. 50 pts

Paper # 3 (4-5 pp): A comparative synthesis of Keck, O’Brien, and Manweller 50 pts

2 Quizzes 2 x 25 pts 50 pts

Participation and attendance 25 pts

Weekly Syllabus (Subject to change)

Assignments	Topics	Readings
	Internal Workings of the Court Powers and Procedures of the Court	The Case of the Speluncean Explorers Keck Chapter 1
Second Amendment Moot Court (time permitting)	Balancing Tests Blank Checks Unanimous Decisions	Keck Chapters 2 & 3
Paper on Hypothetical Amendment	Dualist Democracy and The Three Regimes (Akerman) The counter-majoritarian problem Pg 15 footnote hypothetical	Keck Chapters 4 & 5 Lochner v. NY
Quiz # 1	Types of Activism: Invalidation and Constitutionalization Examining Brown and Griswold Mock SC simulation	Keck Chapters 6 & 7 Griswold v. Conn.
	Why Did Casey not Overturn Roe? Audio of Lawrence v. Texas Nelson Lund, George Mason University School of Law: "Lawrence v. Texas: The Worst Supreme Court Opinion in History?"	O’Brien Ch 1 & 2 Roe v. Wade Casey v. Planned Parenthood
	The Appointment and Nomination Process	O’Brien Ch 4 & 6
Paper on Judicial Nominee (Historical)	Agenda Setting and Inversion Pts Attitude v. Inst Model Epp: Pol Econ of Justice	Presidents and SC Nominees Manweller Ch 1 & 2
Quiz # 2	Enforcing Decisions Rosenberg Hypothesis Public Opinion	Manweller Ch 3 & 4 Congress and Standing
		Manweller Ch 5 & 6
Paper # 3 Book Review		Manweller Ch 7 & 8

FINAL: Paper # 3 Due on day of Final. (Wed, Dec 7^th, by 4:00 pm)