Syllabus

Syllabus

HST 517
US Legal and Constitutional History

Fall 2007

Office: 417, Strong Hall
Hours: MW 8:45-9:45, MF 2:00-3:30
Email: FTMiller@missouristate.edu

Course Objective

To study the origins of American constitutionalism, the Philadelphia Convention, the historical context of the changes in the law, in the Constitution, and in the courts since 1789, and the development of the law profession and legal education. Goals include making written and oral arguments using supporting information; thinking critically about different interpretations of historical developments; and understanding American legal and constitutional development.

Required Reading

Texts: Documents on the internet

Course Policies
Students are required to have an Missouri State email account.
Students using English as a second language should see me to discuss accommodations.
Makeup exams are allowed and are given toward the end of the term. A student who needs to take a makeup should see the instructor about setting up a time for the exam.
For the course grade, you must have at least a 90% average for an A, 80% for a B, 70% for a C, and 60% for a D.
For letter grades for exams and papers: A+=100; A=95; A-=93; A/B=90; B+=87; B=85; B-=83; B/C=80; C+=77; C=75; C-=73; C/D=70; D+=67; D=65; D-=63; D/F=60; F=0-59.
Academic Dishonesty. Any student participating in any form of academic dishonesty will be subject to sanctions as described in the Student Academic Integrity Policies and Procedures, which can be found at http://www.missouristate.edu/acadaff/AcademicIntegrity.html (also available at the Reserves Desk in Meyer Library).
Disability accommodation. To request accommodations for disability, students must contact Disability Services (http://www.missouristate.edu/disability), Plaster Student Union Suite 405, (417) 836-4192; TTY (417) 836-6792. Students must provide documentation of disability to Disability Services prior to receiving accommodations.
Missouri State Office of Academic Affairs Policy on Use of Cell Phones in Classes: As a member of the learning community, each student has a responsibility to other students who are members of the community. When cell phones or pagers ring and students respond in class or leave class to respond, it disrupts the class. Therefore, the Office of Academic Affairs prohibits the use by students of cell phones, pagers, or similar communication devices during scheduled classes. All such devices must be turned off or put in a silent mode and cannot be taken out during class. At the discretion of the instructor, exception to this policy is possible in special circumstances. Sanctions for violation of this policy are determined by the instructor and may include dismissal from the class – see Class Disruption (http://www.missouristate.edu/recreg/classdis.html). In testing situations, use of cell phones or similar communication devices may lead also to a charge of academic dishonesty and additional sanctions under the Student Academic Integrity Policies and Procedures (http://www.missouristate.edu/acadaff/AcademicIntegrity.html). There are two appeal processes available to students. A sanction for class disruption may be appealed using the appeal process stated in the Class Disruption policy; however, a violation that involves a charge of academic dishonesty must be appealed using the process described in the Student Academic Integrity Policies and Procedures. Students have the right to continue attending class while an appeal is in progress.
Nondiscrimination. Missouri State policy on nondiscrimination: http://www.missouristate.edu/eoaa.htm.
Class drop policy. If you stop attending this class but do not follow proper procedure for dropping the class, you will receive a failing grade and will also be financially obligated. To drop a class anytime after the first week, you must turn in a drop slip at an authorized registration center (see 2002/2003 Missouri State Undergraduate Catalog, pp. 51-52; http://www.missouristate.edu/recreg/chnsched.html). You do not need to obtain any signatures on the drop slip.

Lecture Topics

IA. Colonial & Revolutionary America

B. Philadelphia Convention

C. Ratification Debate

D. Completing the Constitution and Establishing the New Government

II. A. Development of Judicial Review

B. Marshall and Taney Courts and Economic Development

C. Women and the Family in the Law

D. Slavery, Civil War, and Race

E. Industrialization, Regulation, and Progressivism

III. A. New Deal

B. Civil Rights Movement

C. Judicial Activism/Judicial Restraint

D. Women and the Law

Exams

There will be three exams. The exams will consist of identification items (1/3) and essay questions (2/3). You will receive the identification items in advance, which will mostly consist of court cases. In preparing for the exams, you are responsible for all lecture notes.
You are responsible for all documents--which are linked from the Terms or Documents pages on the course website--we discuss in class.
For undergraduates (and graduate students who are not writing a paper on The Federalist) there will be an exam essay question on your reading of The Federalist.
There will be a review before each exam. You will be graded on organization and clarity as well as accuracy of information. You should be comprehensive in discussing all significant points and giving examples to support your statements. Dates are not required, but you should show development through time and keep events in the correct chronological sequence.
Bring examination ("blue") books for each exam.

For undergraduates, each exam will consists of 1/3 of the course grade.

Book Reviews

Graduate students will write five book reviews on books on U. S. legal and constitutional history approved by the instructor. Or, graduate students can write three book reviews and write a formal paper on The Federalist on a topic approved by the instructor. See the Assignments page for more information. See the Dates page for when the assignment is due.

For graduate students, the % breakdown of the course:

Book Reviews                                25% (5% each)
Exams                                            75% (25% each)

OR

Book Reviews                                15% (5% each)
Essay on The Federalist              15%
Exams                                             70% (23.3% each)

Attendance

Good attendance (0-3 absences that have not been excused for undergraduates, 0 absences that have not been excused for graduate students) is expected, is essential for taking good notes, and will aid you, along with class participation, if you have a borderline grade (and have completed all of the required assignments). (Note that if tardy, you should see me after class to make sure you have not been counted absent.)

Dates--See the Dates page