U.S. Supreme Court Cases and American Constitution 3301-KA1534-1ST
This course offers an introduction to the American legal system, the Constitution as a foundational document of the republic and the U.S. Supreme Court (SCOTUS) as a policy-making institution shaping American political life, legal environment, and citizen attitudes. SCOTUS’s unique role within the American political system is rooted in the political philosophy of federalism, republicanism, and the constitutional principles that shape the country’s governance: the rule of law, limited government, separation of powers, checks and balances, and judicial review. The course combines theoretical insights from political philosophy and American constitutional law with an analysis of landmark Supreme Court cases. Highlighting the tensions between originalism and the “living” constitutionalism, the course introduces the two competing approaches to the interpretation of the text of the U.S. Constitution and their long-term consequences. Course participants will be engaged in the critical analysis of selected U.S. Supreme Court opinions as structured, formulaic legal arguments but also as a major legal and political force legitimizing social change.
Type of course
Mode
Course coordinators
Learning outcomes
Knowledge
Students will be able to:
K_W01 identify the place and specificity of approaches to the study of the American legal system within English Studies against the background of other academic disciplines within the humanities
K_W02 understand key terminology, doctrines and theories underpinning the American legal system within English studies
K_W03 describe the development of the study of American Constitutional law and institutions within English studies
K_W04 describe the relation between the language of constitutional law and historical and cultural processes on an advanced level
Abilities
Students will be able to:
K_U01 employ the terminology and methodological tools from literary studies and culture studies to the study of American legal institutions and the language of law
K_U02 employ the methodology of literary and culture studies within English studies, respecting the ethical norms and copyright law
K_U04 implement knowledge relating to American law and institutions to describe a problem and identify means to solve it, thereby completing a project in literary studies and in culture and religion studies
K_U05 collect information from various sources, critically assess a source and usefulness of information; analyze and draw generalizations on the4 basis of information so obtained
Social competences
Students will be ready to:
K_K02 undertake life-long learning and personal development, applying skills and competences to select subjects and projects optimally suiting one’s personal interests
K_K03 value responsibility for one’s own work and respect the work of others, adhering to the professional and ethical norms in various projects and other activities undertaken at work, voluntary services, etc.
Education at language level B2+.
Assessment criteria
- attendance,
- preparation and participation in discussions
- mini-presentations, collaborative work
- short written assignments
Final test
Attendance: max. 3 absences allowed.
Bibliography
Fallon, Richard H. The Dynamic Constitution: An Introduction to American Constitutional Law. Cambridge University Press, 2004
Kaplan, Diane S. An Introduction to the American Legal System, Government and Constitutional Law. Wolters Kluwers, Aspen Educational Series, 2015.
Kirsch, Ken. Constructing Civil Liberties: Discontinuities in the Development of American Constitutional Law. Cambridge University Press, 2004.
Rossum, Ralph A. and G. Alan Tarr, American Constitutional Law, Volume I: The Structure of Government. Westview Press, 2014.
Rossum, Ralph A., G. Alan Tar and Vincent Phillip Muño. American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments. Routledge, 2019.
Sutton, Jeffrey S.,51 Imperfect Solutions: States and the Making of American Constitutional Law.: Oxford University Press,: 2018
Online resources:
American Civil Liberties Union, https://www.aclu.org/court-cases?type=supreme-courtLandmark Cases of the U.S. Supreme Court: https://landmarkcases.org/
Landmark Supreme Court Cases, The Bill of Rights Institute https://billofrightsinstitute.org/landmark-cases
Legal Information Institute, Cornell School of Law: https://www.law.cornell.edu/
Supreme Court Case Library, National Constitution Center: https://constitutioncenter.org/the-constitution/supreme-court-case-library
Stanford Encyclopedia of Philosophy: https://plato.stanford.edu
Notes
|
Term 2024Z:
The course will be co-taught with Marek Kobryń, MA in English, IES, UW (July 2024) and 5th year student of Law, Faculty of Law and Administration, UW; student of the LLM program at the Maurer School of Law, University of Indiana-Bloomington (graduation in Fall 2024). |
Additional information
Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system: