Judicial Politics

POLS 153-301

Dr. Rachel Paine Caufield

 

Fall 2002

Tuesdays and Thursdays 12:30-1:45pm

 

Contact Information:

I am very accessible to students.  Hereıs how to reach me:

Office:                         Meredith 211

Office Phone:              271-1924

Email address:             rachel.caufield@drake.edu

Office hours:               MW 3:00-4:30;  TR 11:00-12:15 and by appointment

 

Course Overview:

The central focus of this course is the American judicial system and the relationship between the judicial branch of government and its political environment.  As such, we will examine not only the structure and functions of the American judiciary, but will also examine judicial process and behavior with an eye toward general political concepts.

 

The course will begin with an examination of the foundersı vision for the courts.  Next, we will focus on the actors that take part in the judicial process ­ lawyers, judges, and interest groups.  We will then move on to study the structure of the judicial system, including state courts, lower federal courts, and the Supreme Court.  Finally, we will devote the second half of the semester to a study of the Supreme Court ­ who sits on the Court, what cases are heard by the Court, how justices arrive at decisions, and how the Court interacts with the executive and legislative branches.

 

Throughout the semester, we will discuss cases that are currently being heard before the courts, particularly the Supreme Court.  Thus, I urge you to keep up with some of the most visible and controversial cases on the Courtıs docket this year (there are a number of good cases that will be heard).  To do this, take a look periodically at the Supreme Courtıs webpage and keep up with news coverage regarding these cases ­ The Washington Post and The New York Times both have webpages that devote a special section to the Supreme Court.  These are good ways to find the most relevant information about these cases.  I also recommend that each of you keep up with the news by reading a daily newspaper, tuning into television programs such as The News Hour, This Week, or Meet The Press, and radio programs like Morning Edition or All Things Considered (both on National Public Radio).  Although I highly encourage all students to follow current events and engage in the political world around them, this is not a course about current events and it is not the place to espouse your own political opinions.

 

Textbooks/Readings:

Without a doubt, the best thing that you can do to earn a good grade in this class is to keep up with class reading.  I know that there is a lot of reading in this class, and I firmly believe that all of the readings are necessary and helpful.  Not only will you get more out of class meetings if you have completed the assigned reading, but exam material will come from these readings.  If you find that you have trouble with any of the readings, please feel free to come see me to go over it.  I reserve the right to administer quizzes to ensure that you are all keeping up with the reading.  If this should become necessary, I will revise the grading criteria to reflect these grades.

 

There are a number of textbooks that I have assigned for this course.  All are available at the bookstore, and all should be available from online bookstores, Borders, or Barnes and Noble (should you choose to patronize them instead of the University bookstore).  I will put additional readings on reserve at Cowles library.

 

Baum, Lawrence.  2001.  American Courts:  Process and Policy.  5th Edition.  Houghton Mifflin Company.

 

Maltese, John.  1998.  The Selling of Supreme Court Nominees.  Johns Hopkins University Press.

 

Epstein, Lee, and Jack Knight.  1997.  The Choices Justices Make.  Congressional Quarterly Press.

 

Lazarus, Edward.  1999.  Closed Chambers:  The Rise, Fall, and Future of the Modern Supreme Court.  Penquin. 

 

Rosenberg, Gerald.  1993.  The Hollow Hope:  Can Courts Bring About Social Change?  University of Chicago Press.

 

Attendance:

You are expected to attend class regularly and to be prepared for each class meeting ­ that means you have read the assigned reading and are prepared to discuss the topic listed on the syllabus.  I do not necessarily ³require² attendance, although I will periodically take attendance and ten percent of your final grade will be based on attendance and participation.  If you are faced with an extreme situation that will require extensive absence from the class, please come see me.

 

Grading:

During the semester, you will be asked to complete three written assignments and two essay exams (including the final, which will NOT be cumulative).  I will base your course grade on all of your graded assignments, weighted in the following way:

 

Exam #1:                                             20%

Exam #2:                                             20%

First paper (justice profile):                 15%

Second paper (case study):                  15%

Third paper (Lazarus):                         20%

Attendance/participation:                     10%

 

In order to pass this course, you must complete ALL course requirements (i.e. if you fail to complete and turn in any one assignment, you will fail the course) by the last day of class.  There will be no extra credit offered.

 

Should you require any testing or classroom accommodations due to learning disabilities or other circumstances, I will be happy to make those accommodations.  I will need to see proper documentation within the first two weeks of the semester.

 

Written assignments:

The class includes three written assignments, two short papers (approximately 5 pages), and one longer paper (approximately 10 pages).  You may choose to write the longer paper in a group, but you are not required to do so.  If you choose to write in a group, group dynamics are up to you and everyone will receive the same grade.  No group should include more than three people.

 

First short paper:  You will choose one of the justices currently sitting on the Supreme Court and write a profile of that justice.  Your profile should include background information, including how they came to sit on the Court, their previous occupation, and the Senateıs confirmation vote, as well as any significant information about that justicesı voting behavior, philosophy of judicial interpretation and/or of noteworthy opinions they have written recently.  This will require outside research and I expect that you will be aware of the types of information you use and rely on only credible, legitimate sources. 

 

Second short paper: You will choose a case that the Supreme Court has decided with a full opinion in the past year and a half (from January 2001 until July 2002) and provide a study of that case.  You should include how the case came to the Court, the major issues involved, the final vote and the reasoning offered in the opinion, relevant political factors (like public opinion on the issue), interest groups that appeared as amici, the actions of the administration in the case, and some summary of the implications of the decisions as seen by prominent journalists and Court-watchers.  This will also require outside research and again, I expect that you will rely on legitimate sources.  When choosing a case, I suggest that you seriously consider the issues of the case and the complexity of the case ­ choose a case that interests you and that you understand. 

 

Longer paper:  During the semester, you should be reading Edward Lazarusıs Closed Chambers.  This is a relatively recent, and very controversial look inside the operations of the Supreme Court.  Lazarus served as a clerk at the Supreme Court during the 1988 term.  He argues that the modern Court is paralyzed by political divisions.  In making this point, he focuses primarily on precedent in death penalty cases (clearly an important judicial topic at the moment), although he also discusses abortion and other civil liberties issues.  Your paper will analyze his argument.  This is a long book that is sometimes considered a difficult read.  But, there is no other book on the market that provides such rich textual detail in discussing the legal/political/ideological history and future of the Court.  I suggest that you start reading it at the beginning of the semester to avoid any ³crunch² at the end of the semester.  If you choose to write this paper in a group, be sure to communicate with your co-authors early so that you clearly devise an effective way to combine the work load. 

Only in extreme circumstances will extensions for written-assignments be granted.  If you would like to request an extension, you need to do so at least 24 hours prior to the due date.  If you fail to complete and turn in any written assignment by 5:00pm on the date that it is due, you will lose 5 points for each day that it is late (including weekend days).  You must turn in all coursework to me personally, and I will not accept any assignments over email.  If, for any reason, you must turn in an assignment and you cannot do so personally, I have a mailbox in Meredith 227.  I will pick up all assignments from my mailbox at 5:00pm on a due date.  If you turn in your assignment late, please be sure to have someone from the department (NOT a work study student) initialize the date and time.  If a late assignment does not have the date and time that it was turned in written clearly on the first page (initialized by someone), I will mark it as being received when I pick it up from my mailbox.  All assignments must be completed specifically for this course and academic integrity guidelines will be strictly enforced (i.e. plagiarism and other breaches of academic integrity will result in a failing grade for the course).  Remember that you must use citations and failure to do so is a breach of academic integrity.  If you have questions about how to cite sources, feel free to contact me and we can discuss this.

 

Examinations:

The course also includes two exams.  Each of these exams will include short answer and essay questions.  I will discuss the format of exams in more detail as the semester progresses.  Some of the exam material will come from lectures and class discussion, some will come directly from the reading material.  Before each exam, I will conduct special office hours to allow you to come ask questions.  I urge you to take advantage of this.

 

If you wish to request a make-up exam or quiz, you must do so at least 24 hours before it is administered.  I will administer make-up exams only in extreme circumstances.  No one is entitled to a make-up exam or quiz, they will be offered only at my discretion.

 

Schedule:

The following is a list of topics and reading assignments for this class. 

 

Week/Date      Topic                                       Reading Assignment

 

Week 1

8/27     Introduction/meet each other                           NONE

8/29     NO CLASS ­ American Political Science Association Annual Convention

 

Week 2

9/3       Institutional Design I                                       Article III of U.S. Constitution

                                                                                    Federalist #78 (on reserve or online)*

9/5       Institutional Design II                                     Marbury v. Madison (on reserve or online)**

 

Week 3

9/10     The Role & Structure of the Courts I              Baum Chapters 1 & 2

9/12     The Role & Structure of the Courts II            

 

Week 4

9/17     The Role & Structure of the Courts III           Cardozo (on reserve)

                                                                                    Brennan (on reserve)

9/19     The Role & Structure of the Courts IV           Kagan et. al. (on reserve)

                                                                                    Fiss (on reserve)

 

Week 5

9/24     The Actors:  Judges                                         Baum pg. 101-146

                                                                                    start Maltese

9/26     The Actors:  Judges                                         Maltese

 

Week 6

10/1     The Actors:  Lawyers                                      Baum Chapter 3

10/3     The Actors:  Lawyers/Interest Groups             Baum pg. 275-281

 

Week 7

10/8     The Actors:  Interest Groups                           Cigler & Loomis (on reserve)

10/10   The Actors:  Interest Groups              

10/11   FIRST PAPER DUE BY 5:00PM

 

Week 8

10/15   The Setting:  Trial Courts (Criminal)               Baum Chapter 6

10/17   The Setting:  Trial Courts  (Civil)                    Baum Chapter 7

Week 9

10/22   NO CLASS ­ Fall Break

10/24   The Setting:  Appellate Courts                         Baum Chapter 8

 

Week 10

10/29   MIDTERM EXAM

10/31   Supreme Court  Decision-Making:                 Start Epstein and Knight

            The Legal Model                                            

 

Week 11

11/5     Supreme Court Decision-Making:                  Epstein and Knight

            The Attitudinal Model                                    

11/7     Supreme Court Decision-Making:                  Epstein and Knight

            The Strategic Model                                        Maltzman et. al (on reserve)

 

Week 12

11/12   Supreme Court Decision-Making                   Baum Chapter 9

11/14   The Supreme Court as Policy-Maker              Rosenberg Chapter 1

 

Week 13

11/19   The Supreme Court as Policy-Maker              Rosenberg Chapters 2-5

11/21   The Supreme Court as Policy-Maker              Rosenberg Chapters 6-9

11/22   SECOND PAPER DUE BY 5:00PM

 

Week 14

11/26   The Supreme Court as Policy-Maker              Rosenberg Chapters 10-12

11/28   NO CLASS ­ Thanksgiving Break

 

Week 15

12/3     The Modern Supreme Court and politics        Lazarus

12/5     The Modern Supreme Court and politics        Lazarus

 

Week 16

12/10   The Modern Supreme Court and politics        Lazarus

12/12   The Modern Supreme Court and politics        Lazarus

12/13   FINAL PAPER DUE BY 5:00PM

 

 

 

 

*  Federalist #78 can be found online at http://lcweb2.loc.gov/const/fed/fed_78.html

** Marbury v. Madison can be found online at http://www.findlaw.com (be sure to access the full opinion).