Main Content
Syllabus
PL SC 471: Constitutional Law I – Institutional Powers and Constraints
Overview
This course is designed to be an in-depth study of institutional powers and constraints in American law. We will study the structure of government, the power of the Presidency in war time, the power to detain enemy combatants, the power of Congress to check the Executive and the limits of power faced by all three branches.
Course Objectives
At the completion of this course you should be able to:
- Understand the doctrines, key cases, terms, and events in constitutional law.
- Explain the structure of American government.
- Describe and explain how the structure of government and constitutional law relate to controversies currently occurring on the national stage.
- Describe and explain the powers and constraints of the American government.
- Apply complex concepts and construct arguments in a logical manner.
- Debate the proper scope of federal power and the proper limits to place on that power.
Required Course Materials
Most World Campus courses require that students purchase materials (e.g., textbooks, specific software, etc.). To learn about how to order materials, please see the Course Materials page. You should check LionPATH approximately 3–4 weeks before the course begins for a list of required materials.
Using the Library
Many of the University Libraries resources can be utilized from a distance. Through the Libraries website, you can
- access magazine, journal, and newspaper articles online using library databases;
- borrow materials and have them delivered to your doorstep—or even your desktop;
- get research help via email, chat, or phone using the Ask a Librarian service; and
- much more.
You must have an active Penn State Access Account to take full advantage of the Libraries' resources and service. The Off-Campus Users page has additional information about these free services.
Technical Requirements
For this course we recommend the minimum World Campus technical requirements listed below:
| Operating System | Windows Vista, Windows 7, Windows 8*; Mac OS X 10.5 or higher *Windows 8 support excludes the tablet only RT version |
|---|---|
| Processor | 2 GHz or higher |
| Memory | 1 GB of RAM |
| Hard Drive Space | 20 GB free disk space |
| Browser | We recommend the latest ANGEL-supported version of Firefox or
Internet Explorer. To determine if your browser fits this criterion,
and for advice on downloading a supported version,
please refer to the following ITS knowledge base article: Supported Browsers and Recommended Computers.
Note: Cookies, Java, and JavaScript must be enabled. Pop-up blockers should be configured to permit new windows from Penn State websites. Due to nonstandard handling of CSS, JavaScript and caching, older versions of Internet Explorer (such as IE 6 or earlier) do not work with our courses. |
| Plug-ins | Adobe Reader [Download from Adobe]
Flash Player (v7.0 or later) [Download from Adobe] |
| Additional Software | Microsoft Office (2007 or later) |
| Internet Connection | Broadband (cable or DSL) connection required |
| Printer | Access to graphics-capable printer |
| DVD-ROM | Required |
| Sound Card, Microphone, and Speakers | Required |
| Monitor | Capable of at least 1024 x 768 resolution |
If you need technical assistance at any point during the course, please contact the Service Desk.
For registration, advising, disability services, help with materials, exams, general problem solving, visit World Campus Student Services!
Expectations
This is a 400-level class, and as such, it will be difficult. There is a fair amount of reading each week and I expect you to do all of it. This is an advanced course and you will be held to a high standard. This is a complex set of doctrines and a convoluted area of law with very few clear answers. You will be evaluated on your ability to grasp complex concepts and apply them in a logical manner. For more specifics on grading, see the Grading section below.
You will never be penalized for any opinion you hold in this class. Reasonable people can and do disagree about the proper scope of federal power and the proper limits to place on that power. If you participate fully, this will be a fun and educational semester for all of us.
Finally, while I hate to bring it up, I will deal very harshly with academic dishonesty. You are expected to know and follow the University’s policies on academic dishonesty and plagiarism. ANY instance of academic dishonesty will result in an automatic F for the class and you will be reported to the Dean of Students.
Course Schedule
| Lesson | Activity |
|---|---|
|
Getting Started |
|
| 1: Background and Basics |
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| 2: Judicial Review – Sources and Limits |
|
| 3: Judicial Review – Limits cont. |
|
| 4: The Executive – Inherent and Emergency Powers |
|
| 5: The Executive cont. and The Legislature |
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| 6: The Legislature – The Commerce Clause |
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| Midterm Exam |
|
7: The Legislature cont. – Tenth Amendment and Modern Interpretations of the Commerce Clause |
|
| 8: The Legislature cont. – Dormant Commerce Clause and Taxing and Spending |
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| 9: The Legislature cont. – Limits on Legislative Power and Separation of Powers |
|
| 10: Separation of Powers cont. |
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| 11: Economic Liberties |
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| 12: Economic Liberties cont. and Course Wrap Up |
|
| Final Exam |
|
Note: If you are planning to graduate this semester, please communicate your intent to graduate to your instructor. This will alert your instructor to the need to submit your final grade in time to meet the published graduation deadlines. For more information about graduation policies and deadlines, please refer to Graduation at the Chaiken Center for Student Success.
Formal instruction will end on the last day of class. Provided that you have an active Penn State Access Account user ID and password, you will continue to be able to access the course materials for one year, starting from the end date of the academic semester in which the course was offered (with the exception of library reserves and other external resources that may have a shorter archival period). After one year, you might be able to access the course based on the policies of the program or department offering the course material, up to a maximum of three years from the end date of the academic semester in which the course was offered. For more information, please review the University Course Archival Policy.
Grading
Your assignments will be given the following weighting:
On Deck Discussions Essays 15% Midterm Final Total
Final grades will be assigned as follows. Note: Your instructor has the option of assigning a failing grade if you do not pass your exam.
|
Percent
|
Grade
|
|
90-100%
|
A
|
|
87-89%
|
B+
|
|
80-86%
|
B
|
|
77-79%
|
C+
|
|
70-76%
|
C
|
| 67-69% | D+ |
|
60-66%
|
D
|
|
below 60
|
F
|
The World Campus follows the same grading system as the Penn State resident program. The system is as follows.
Grades of A, B, C, D, and F indicate the following qualities of academic performance:
| A (Excellent) | Indicates exceptional achievement |
| B (Good) | Indicates extensive achievement |
| C (Satisfactory) | Indicates acceptable achievement |
| D (Poor) | Indicates only minimal achievement |
| F (Failure) | Indicates inadequate achievement necessitating a repetition of the course in order to secure credit |
Participation – Participation is crucial in this class. I will be running class like a law school class with an on-deck system. Each week, a small group will be “on deck” for discussion. Any week your group is on deck, you are expected to be present and prepared to discuss the assigned readings. Failure to be prepared will result in a deduction from your participation grade. Just because you aren’t on deck however, doesn’t mean you are not responsible for the reading. Those on deck will have the primary responsibility for presenting and discussion the material, but I expect each student to be prepared to follow the discussion and ask questions. Those not on deck will be required to submit a reflective comment about the subject matter presented.
If you will not be able to participate the week when your group is on deck, you are responsible for providing notice ahead of time, or a verified excuse after. Verification includes a note from a doctor or other similar documentation.
Midterm – The midterm will cover all the material covered up to that point in the course. It will be a mixture of essay, short answer, fill in the blank and identification questions.
Final – The final will be cumulative for all the material covered throughout the semester. It will be similar in format to the midterm.
THERE WILL BE NO OPPORTUNITIES FOR EXTRA CREDIT
Please refer to the University Grading Policy for Undergraduate Courses for additional information about University grading policies.
Academic Integrity
According to Penn State policy G-9: Academic Integrity , an academic integrity violation is “an intentional, unintentional, or attempted violation of course or assessment policies to gain an academic advantage or to advantage or disadvantage another student academically.” Unless your instructor tells you otherwise, you must complete all course work entirely on your own, using only sources that have been permitted by your instructor, and you may not assist other students with papers, quizzes, exams, or other assessments. If your instructor allows you to use ideas, images, or word phrases created by another person (e.g., from Course Hero or Chegg) or by generative technology, such as ChatGPT, you must identify their source. You may not submit false or fabricated information, use the same academic work for credit in multiple courses, or share instructional content. Students with questions about academic integrity should ask their instructor before submitting work.
Students facing allegations of academic misconduct may not drop/withdraw from the affected course unless they are cleared of wrongdoing (see G-9: Academic Integrity ). Attempted drops will be prevented or reversed, and students will be expected to complete course work and meet course deadlines. Students who are found responsible for academic integrity violations face academic outcomes, which can be severe, and put themselves at jeopardy for other outcomes which may include ineligibility for Dean’s List, pass/fail elections, and grade forgiveness. Students may also face consequences from their home/major program and/or The Schreyer Honors College.
How Academic Integrity Violations Are Handled
World Campus students are expected to act with civility and
personal integrity; respect other students' dignity, rights, and
property; and help create and maintain an environment in which all
can succeed through the fruits of their own efforts. An environment
of academic integrity is requisite to respect for oneself and
others, as well as a civil community.
In cases where academic integrity is questioned, the Policy on Academic Integrity indicates that procedure requires an instructor to inform the student of the allegation. Procedures allow a student to accept or contest a charge. If a student chooses to contest a charge, the case will then be managed by the respective college or campus Academic Integrity Committee. If that committee recommends an administrative sanction (Formal Warning, Conduct Probation, Suspension, Expulsion), the claim will be referred to the Office of Student Accountability and Conflict Response.
All Penn State colleges abide by this Penn State policy, but review procedures may vary by college when academic dishonesty is suspected. Information about Penn State's academic integrity policy and college review procedures is included in the information that students receive upon enrolling in a course. To obtain that information in advance of enrolling in a course, please contact us by going to the Contacts & Help page .
University Policies
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If, for reasons beyond the student's control, a student is prevented from completing a course within the prescribed time, the grade in that course may be deferred with the concurrence of the instructor. The symbol DF appears on the student's transcript until the course has been completed. Non-emergency permission for filing a deferred grade must be requested by the student before the beginning of the final examination period. In an emergency situation, an instructor can approve a deferred grade after the final exam period has started. Under emergency conditions during which the instructor is unavailable, authorization is required from one of the following: the dean of the college in which the candidate is enrolled; the executive director of the Division of Undergraduate Studies if the student is enrolled in that division or is a provisional student; or the campus chancellor of the student's associated Penn State campus.
For additional information please refer to the Deferring a Grade page. -
Penn State welcomes students with disabilities into the University’s educational programs. Every Penn State campus has an office for students with disabilities, including World Campus. The Disabilities and Accommodations section of the Chaiken Center for Student Success website provides World Campus students with information regarding how to request accommodations, documentation guidelines and eligibility, and appeals and complaints. For additional information, please visit the University's Student Disability Resources website.
In order to receive consideration for reasonable accommodations, you must contact the appropriate disability services office at the campus where you are officially enrolled, participate in an intake interview, and provide documentation. If the documentation supports your request for reasonable accommodations, your campus's disability services office will provide you with an accommodation letter. Please share this letter with your instructors and discuss the accommodations with them as early in your courses as possible. You must follow this process for every semester that you request accommodations.
- Note: If you are planning to graduate this semester, please communicate your intent to graduate to your instructor. This will alert your instructor to the need to submit your final grade in time to meet the published graduation deadlines. For more information about graduation policies and deadlines, please refer to Graduation at the Chaiken Center for Student Success.
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For information about additional policies regarding Penn State Access Accounts; credit by examination; course tuition, fees, and refund schedules; and drops and withdrawals, please see the World Campus Student Center website.
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Formal instruction will end on the last day of class. Provided that you have an active Penn State Access Account user ID and password, you will continue to be able to access the course materials for one year, starting from the end date of the academic semester in which the course was offered (with the exception of library reserves and other external resources that may have a shorter archival period). After one year, you might be able to access the course based on the policies of the program or department offering the course material, up to a maximum of three years from the end date of the academic semester in which the course was offered. For more information, please review the University Course Archival Policy.
Disclaimer: Please note that the specifics of this Course Syllabus are subject to change, and you will be responsible for abiding by any such changes. Your instructor will notify you of any changes.