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SYLLABUS

Constitutional Rights and Liberties

Author:Joseph Fornieri
Course Length: 15 weeks
Credits: 3
Ratings
  • 4/5 Stars
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Periods
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Constitutional Rights & Liberties:

  • “They that can give up essential liberty in order to obtain a little temporary safety deserve neither liberty nor safety.” Benjamin Franklin
  • “The choice is not between order and liberty. It is between liberty without order and anarchy without either. The danger is that, if the Court does not temper its doctrinaire logic with a little practical wisdom, it will convert the Bill of Rights into a suicide pact.” Justice Robert Jackson


Course Description & Purpose

This course will explore presidential power in wartime and the fate of civil liberties thereof. Specific attention will be paid to the fundamental right of habeas corpus. Through a close analysis of the Supreme Court’s jurisprudence, we will examine the inter-branch conflict over the struggle to balance national security and freedom from the Civil War era to the post 9/11 era. The class will culminate with a debate over the current policies of the Bush administration in fighting the war on terrorism and their impact on civil liberties, including the NSA, Military Tribunals, warrantless wiretaps, The Patriot Act, and the detentions of enemy combatants at Guantanamo Bay.


Course Texts

  • Readings & Selected Supreme Court Cases, 1863-2006 *Photocopied Packet*
  • Nazi Saboteurs on Trial, Louis Fischer
  • War by Other Means, John Yoo
  • Guantanamo & The Abuse of Power, Joseph Marguiles


Course Requirements

  1. Two Exams (mid-term 30% and final 35%) =65%.
  2. Part II of Final Exam: Take Home Essay on Boumediene v. Bush, 2008.
  3. 3 Quizzes (at least) = 20%. Pop quizzes may be given to ensure students are keeping up with the reading. (Lowest Quiz will be dropped).
  4. Group Presentation, Paper—Legal Brief, & Debate=15%.


Expectations, Absences & Make-Ups

  • Make-ups will only be given in cases of a medical or other emergency and must be documented.
  • No eating in class
  • No discussion of grades or other important matters via e-mail. You must meet with your instructor in person.
  • Students who fail to attend a quiz or exam will receive a “0”
  • All quizzes, tests and grades will be posted on-line
  • Students MUST take the final exam on the officially scheduled date. No exceptions.
  • No texting during exams; cell phones must be turned off during class.


Weekly Schedule

Week 1: Intro. themes: balancing national security and civil liberties.

  1. The war power
  2. The role of the Legislature, Executive and Judiciary
  3. Constitutional Sources of the war power
  4. The Executive Power in the Federalist Papers
  5. The Founders on Legislative of war power
  6. Selected Cases, pp. 4-23.


Week 2: Lincoln’s Broad Use of Executive Power during the Civil War.

  1. The historical context
  2. Lincoln’s Justification
  3. Selected Cases, pp. 26-46.
  4. What kind of precedent?


Week 3: The Supreme Court During the Civil War Era.

  1. Selected Cases, Merryman, Prize Cases, Milligan, pp. 51-68.


Quiz Before Break, All Material from Weeks 1-3.


Reading For Break:

  • Begin Reading Yoo, War by Other Means & Fisher, Nazi Saboteurs**


Week 4: Curtis Wright and “Inherent Powers.”

  1. Continue reading Fisher and Yoo.
  2. Selected Cases, pp. 83-92. United States v. Curtis Wright, 1936,


Week 5: Military Trials & Nazi Saboteurs.

  1. Nazi Saboteurs, Louis Fisher (Entire book)
  2. Selected Cases, Ex Parte Quirin, pp. 92-104.
  3. Jan 17th: Debate—Presentation, Ex Parte Quirin.


Week 6: The Japanese Detention Cases.

  1. Selected Cases, pp. 92-124.
  2. Hirabayashi v. United States
  3. Korematsu v. United States
  4. Jan. 24th: Debate—Presentation Korematsu.


Week 7: 9/11 & The War on Terror.

  1. Yoo, War By Other Means
  2. Begin Reading, Marguilies, Guantanamo: Abuse of Presidential Power
  • Quiz: January 31st (All material weeks 4-7, including Yoo).


Week 8: The Case for Executive Power and National Security.

  1. Selected Cases, Youngstown, pp. 125-132.
  2. Read: War by Other Means & Guantanamo: Abuse of Presidential Power
  3. Feb. 7th Debate-Presentation: Yoo vs. Marguiles on Executive War Power


Week 9: The Case for Civil Liberties & Limiting Executive Power.

  1. Guantanamo, Contd.
  2. Court Cases, Hamdi & Rasul, pp. 132-156.
  3. Padilla v. Rumsfeld
  4. Feb. 14th: Debate-Presentation: Rasul v. Bush.


Week 10: The Detainee Cases & Military Tribunals.

  1. Guantanamo, (Finish Book)
  2. Selected Cases, Hamdan, pp. 157-199.
  3. Feb. 19th: Debate-Presentation: Hamdan v. Rumsfeld, 2006.
  4. Military Commissions Act, 2006.


Final Exam: Part II Essay: Boumediene v. Bush, 2008.


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