AMH 3552

Constitutional History of the United States since 1877

T 5&6 periods/Th 6 period

Turlington 2305

© Elizabeth Dale 2002

 

 

Professor Elizabeth Dale

edale@history.ufl.edu

Holland Hall Law Center 380

Office hours:             at Turlington:                        T:         4th period

                                                                        Th:      4th and 5th periods

                                    at Holland Hall                       W:        7-8 am (law center) and by appointment

This course is the second half of AMH 3551 (Constitutional History of the United States to 1877). The first half is not a prerequisite for the second. 

This semester, we will focus on the rise of national rights following the end of Reconstruction.This will involve the consideration of different sorts of rights, and an examination of the protections offered by rights (and the legal system) itself.

Required readings:

            Books:

            Charles Lofgren, The Plessy Case

            Howard Gillman, The Constitution Beseiged

            Barry Cushman, Rethinking the New Deal Court

            PaulWilson, A Time to Lose

            Cases and materials: these are available online, through the on line syllabus.

Assignments:

            2 (out of a possible 3) short papers (5-8 pages), worth 25% of grade each

            1 book analysis (7-10 pages), worth 25% of grade 

            1 take home final exam essay (5-8 pages), worth 25% of grade

Note 1: students may decide which two of the three short papers they wish to turn in, it is the student’s obligation to make sure that he or she has, in fact, turned in both the short papers. Note 2: students who wish to substitute a long paper (15-20 pages) for the short paper assignments may do so. If you wish to take this option, you must advise me of your decision before the 2d short paper assignment is due, and you must get my approval for the topic. Students who take the long paper option must still do the book analysis and the final. Note 3: papers are due in class, at the start of class, on the day due. Papers turned in late on the day due will be automatically lowered a full grade (from a B to a C, for example). Papers turned in the day after they are due will be automatically lowered two full grades, papers turned in two days late will be docked three full grades.It is unlikely that I would consider, or grant, a request for an extension made on the day that the paper was due. Note 4: having someone else write a paper for you, copying materials or ideas from a source without proper attribution (in the form of a footnote, for example), or writing a paper for someone else is cheating. Students caught cheating will get an F for the paper, and I reserve the right to give any student who cheats a failing grade for the course and to initiate disciplinary action against that student as well.

Schedule:

Week 1 (1/8-1/12)

            T          Intro to the course

            Th       Slaughterhouse Cases (1873)

Week 2 (1/15-1/19)

            T          Civil Rights Cases (1883);Baylies v. Curry I; Baylies v. Curry II

            Th       Plessy v. Fergusen (1896)

                        *** First short assignment handed out***

Week 3 (1/22-1/26)

            T          Lofgren, The Plessy Case

            Th       Hurtado v. California (1884)

                        *** first short assignment due***

Week 4 (1/29-2/2)

            T          United States v. E.C. Knight (1895)

            Th       In re Debs (1895)

Week 5 (2/5-2/9)

            T          Pollock v. Farmers Loan (1895); Lochner v. New York (1905)

            Th       Muller v. Oregon (1908)

Week 6 (2/12-16

            T          Adair v. United States (1908); Coppage v. Kansas (1915)          

Th       Twining v. New Jersey (1908)

                        ***second short assignment handed out***

                        ***deadline for students wishing to take the long paper option***

Week 7 (2/19-2/23)

            T          Gillman, Constitution Beseiged 

            Th       Abrams v. United States (1919)

                        ***second short paper due***

 

Week 8 (2/26-3/2)

            T          Gitlow v. New York (1925); Whitney v. California (1925)

 

            Th       Near v. Minnesota (1931)

 

Week 9 (3/5-3/9) SPRING BREAK

 

Week 10 (3/12-3/16)

            T          Palko v. Connecticut (1937), US v. Carolene Products (1938) 

            Th       West Coast Hotel v. Parish (1937)

 ***third short paper handed out***

 

Week 11 (3/19-3/23)

            T          Cushman, Rethinking the New Deal Court

                       

Th       Hirabayashi v. United States (1943)

            ***third short paper due***

***long paper due***

  Week 12 (3/26-3/30)

            T          Korematsu v. United States (1944)           

Th       Skinner v.Oklahoma (1942)            

Week 13 (4/2-4/6)

 

NOTE: On Monday, at 9pm on PBS, there will be a documentary on the Scottboro Trials, which is one of the most significant criminal and civil rights cases of the first half of the twentieth century. If you have the time, you might want to watch the show.

            T          Minersville School District v. Gobitis (1940); West Virginia State Board of Education v. Barnette (1943) 

            Th       Adamson v. California (1947)

Week 14 (4/9-4/13)

            T          Wilson, A Time to Lose

            Th       Brown v. Board of Education

 

Week 15 (4/16-4/20)

            T          Heart of Atlanta Motel v. United States; Mitchum v. Foster; Brandenburg v. Ohio

Th       ***book analysis due***

PLEASE NOTE: THERE WILL BE NO CLASS ON THURSDAY, APRIL 19. TURN YOUR BOOK ANALYSIS INTO THE HISTORY DEPARTMENT OFFICE, TURLINGTON 4131, BY 4PM ON THURSDAY. ANY PAPER TURNED IN AFTER 4PM WILL BE LATE.

Week 16 (4/23-4/27)

            T          Roe v. Wade, Planned Parenthood v. Casey

            Th       no class

Finals week: the final exam is due in my office on Thursday, May 3, at 11am