Informed Citizens. Accountable Power.

Course Syllabus (2019 Archived)

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Vintage African-American Star Quilt from the 1800s

An Introduction to U.S. Constitutional Law & Jurisprudence

Wednesday from 12:00-2:00 in Room XVIII (Mel)

Martin Luther University of Halle-Wittenberg

Lecturer: Lakshmi Gopal

Email: lakshmi.gopal@jura.uni-halle.de,

Office Hours: By Appointment (Juridicum 307)

Course Overview

Summary

It is far too easy for people—scholars and laypeople, even Americans and especially Europeans—to think of American law as a modification or adaptation of European legal approaches. However, such thinking renders a great disservice to the depth and diversity of the American legal project and its knowledgeable revolt against European approaches to power. This course helps students understand the important ways in which the American legal system not only departs from but fundamentally defies traditional European approaches to Rule of Law.

This course serves as an introduction to the U.S. legal system through a close study of U.S. Constitutional law and the dominant analytical tools used to interpret and understand the U.S. Constitution’s legal effects. The class is lecture-based and will cover major U.S. case law, legislation, doctrines, and philosophical frames. Through this course, students will:

  • Develop a more accurate understanding of the aims and guiding principals of one of the world’s most influential legal systems
  • Acquire the capacity to make fine-tuned distinctions between the U.S. system and other legal systems
  • Learn to engage in high-level discussion on contemporary topics in U.S. Law and make reasonable predictions about the system’s future growth and development

Grading Policy

Final grades measure a students engagement with and understanding of American Constitutional law,  jurisprudence, and contemporary issues.

All non-law students must take the final exam.

Law students have the following grading options:

In order to prevent language-ability from becoming a barrier to a fair assessment of a student’s understanding of the materials presented, students can pick from three different approaches to grading and can demonstrate their understanding and abilities through class participation, regular attendance, and participation in extra-curricular activities. No grading system is perfect and the needs and abilities of students vary. Any student who requires accommodations for established and evidenced reasons should approach the instructor (in person, during office hours, or via email) for further discussion.

The various grading options are described in the table below and will be discussed at the first session. Students must communicate their preference to the instructor by the date indicated on StudIP. 

Grading Options (for Law Students)

Final Exam in three parts (100%): Section 1: Twenty-five multiple choice questions (25%)Section 2: Five short answer questions (250 words) (25%)Section 3: Essay question. (500 to 1,500 words) (50%)
Written submission in lieu of the exam:Students will hand in a comparative research paper (minimum 5,000 words) that compares key aspects of American law to either German or European Community Law (or both). The assignment will be due on the last day of the 2019 exam period. Further information will be provided in the first few weeks of class.
10% for class participation and attendance

25% for participation in the American Constitution Society Abroad

As a default matter, grades are determined solely on the basis of the final examination. Students who do not submit a choice will be graded solely on the basis of the final exam and any extra credit earned.

General Policies

Course Content

The course outline is organized against the Preamble of the United States Constitution.

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

– Preamble of the Constitution of the United States of America

Part I. We the People of the United States

  1. Session 1: Introductions and setting the frame; Who are “we” the People?
  2. Session 2:  What is Equality?
  3. Session 3: Establishing Justice: Federalism & the Judicial Branch (Nov. 20, 2019)

Part II. In Order to form a more perfect Union

  1. Session 4: Constitutional Limits on Individual Freedom
  2. Session 5: Insuring domestic Tranquility: The Commerce Clause
  3. Session 6: Federalism & the Legislative Branch (e.g. Healthcare)
  4. Session 7: Providing for the common defense & promoting the general Welfare: Federalism & the Executive Branch (e.g. The President’s War Powers)
  5. Session 8: Securing the Blessings of Liberty to ourselves and our Posterity: The Constitution and Individual Rights

Part III. Establishing the Constitution of the United States

(This portion of the syllabus is subject to change based on contemporary events)

  1. Session 9: Immigration
  2. Session 10: Education Rights 
  3. Session 11: Women’s Rights
  4. Session 12: LGBT Rights and Dignity 
  5. Session 13: America and International Law