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POL303 THE AMERICAN CONSTITUTION Course Guide This course is a study of the Constitution of the United States and its role in American history and government.

The study covers the drafting and ratification of the Constitution, its subsequent amendment and interpretation,

and its contemporary role in American politics and government.

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

TABLE OF CONTENTS

TABLE OF CONTENTS ........................................................................................................................................................................ 1

COURSE AT A GLANCE ...................................................................................................................................................................... 4

COURSE DESCRIPTION ..................................................................................................................................................................... 4 COURSE DESIGN ................................................................................................................................................................................ 4 PREREQUISITES ................................................................................................................................................................................. 4 COURSE LEARNING OUTCOMES ................................................................................................................................................... 4

COURSE MATERIALS .......................................................................................................................................................................... 5

REQUIRED TEXT ................................................................................................................................................................................ 5 REQUIRED RESOURCES ................................................................................................................................................................... 5

Multimedia ........................................................................................................................................................................................ 5

COURSE GRADING............................................................................................................................................................................... 7

DISCUSSIONS ..................................................................................................................................................................................... 7 ASSIGNMENTS ................................................................................................................................................................................... 7 END OF COURSE SURVEY ................................................................................................................................................................ 7 FINAL RESEARCH PAPER................................................................................................................................................................. 8 GRADING PERCENT BREAKDOWN ................................................................................................................................................ 9

WEEK ONE ........................................................................................................................................................................................... 10

COURSE CONTENT .......................................................................................................................................................................... 10 Overview ......................................................................................................................................................................................... 10 Weekly Learning Outcomes ............................................................................................................................................................. 10 Introduction ..................................................................................................................................................................................... 10 Required Resources ......................................................................................................................................................................... 11 Discussions ...................................................................................................................................................................................... 12

WEEK TWO .......................................................................................................................................................................................... 14

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

Discussion ....................................................................................................................................................................................... 16 Assignment ...................................................................................................................................................................................... 17

WEEK THREE ...................................................................................................................................................................................... 19

COURSE CONTENT .......................................................................................................................................................................... 19 Overview ......................................................................................................................................................................................... 19 Weekly Learning Outcomes ............................................................................................................................................................. 19 Introduction ..................................................................................................................................................................................... 19 Required Resources ......................................................................................................................................................................... 21 Discussion ....................................................................................................................................................................................... 22 Assignment ...................................................................................................................................................................................... 23

WEEK FOUR ......................................................................................................................................................................................... 26

COURSE CONTENT .......................................................................................................................................................................... 26 Overview ......................................................................................................................................................................................... 26 Weekly Learning Outcomes ............................................................................................................................................................. 26 Introduction ..................................................................................................................................................................................... 26 Required Resources ......................................................................................................................................................................... 27 Discussion ....................................................................................................................................................................................... 28

WEEK FIVE .......................................................................................................................................................................................... 30

COURSE CONTENT .......................................................................................................................................................................... 30 Overview ......................................................................................................................................................................................... 30 Weekly Learning Outcomes ............................................................................................................................................................. 30 Introduction ..................................................................................................................................................................................... 30 Required Resources ......................................................................................................................................................................... 31 Discussion ....................................................................................................................................................................................... 31 End of the Course Survey ................................................................................................................................................................ 32 Final Research Paper ..................................................................................................................................................................... 32

COURSE MAP ....................................................................................................................................................................................... 35

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

COURSE AT A GLANCE

COURSE DESCRIPTION This course is a study of the Constitution of the United States and its role in American history and government. The study

covers the drafting and ratification of the Constitution, its subsequent amendment and interpretation, and its contemporary

role in American politics and government.

COURSE DESIGN The course requires students to read analyses of how the United States Supreme Court and political scientists have

interpreted several provisions of the Constitution over time, emphasizing the various underlying rationales. Students will

then critically analyze and discuss specific cases – mostly recent ones – to understand and assess current policy divisions

on the Court and within the American public. Students will interpret and apply political science principles to evaluate

current cases and controversies in formal writing assignments.

PREREQUISITES There are no prerequisites for POL303.

COURSE LEARNING OUTCOMES Upon successful completion of this course, students will be able to

1. Describe major political themes in the historical development of key concepts and principles of the U.S.

Constitution.

2. Discuss the constitutional formation of the three branches of the federal government.

3. Examine the role of judicial review and judicial philosophy in interpreting the Constitution.

4. Analyze how the concepts of federalism, civil liberties, and civil rights interact with different interpretations of

the Constitution.

5. Evaluate interpretations of the Constitution from various interdisciplinary perspectives.

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

COURSE MATERIALS

REQUIRED TEXT Ivers, G. (2013). Constitutional law: An introduction [Electronic version]. Retrieved from https://content.ashford.edu/

x This text is a Constellation™ course digital materials (CDM) title.

REQUIRED RESOURCES

Multimedia

Ablow, G., Conley, J., Kim, G., Wang, J., & White, C. (Producers). (2013). Moyers & Company: What's fueling the

modern abortion debate? [Video file]. Retrieved from

https://secure.films.com/OnDemandEmbed.aspx?Token=52915&aid=18596&Plt=FOD&loid=0&w=400&h=300

Center for Constitutional Rights. (2013, Aug. 12). Floyd, et al. v. City of New York, et al [Video]. Retrieved from

http://ccrjustice.org/floyd

Hogan, H. (Writer). (2000). The almost painless guide to the executive branch [Series episode]. In R. Hawksworth

(Executive producer), The almost painless guide to United States civics. Chesterton, IN: Media Rich, LLC.

Retrieved from

https://secure.films.com/OnDemandEmbed.aspx?Token=47591&aid=18596&Plt=FOD&loid=0&w=400&h=340

Mellows, M. (Producer), & Belton, D. (Director) (2010). A new eden [Series episode]. In M. Sullivan (Executive

producer), God in America: How religious liberty shaped America. Boston, MA: WGBH. Retrieved from

https://secure.films.com/OnDemandEmbed.aspx?Token=44446&aid=18596&Plt=FOD&loid=0&w=400&h=340.

Sagal, P. A more perfect union: Constitution USA with Peter Sagal [Video file]. (2013). Retrieved from

https://secure.films.com/OnDemandEmbed.aspx?Token=58627&aid=18596&Plt=FOD&loid=0&w=400&h=340

Sagal, P. It's a free country: Constitution USA with Peter Sagal [Video file]. (2013). Retrieved from

https://secure.films.com/OnDemandEmbed.aspx?Token=58628&aid=18596&Plt=FOD&loid=0&w=400&h=340

Sieber, G. (Writer) (2001). A matter of life and death: The politics of abortion and capital punishment [Series episode]. In

E. Cundiff (Executive producer), A consistent ethic of life: Is consensus possible? Princeton, NJ: Films for

Humanities & Sciences. Retrieved from

https://secure.films.com/OnDemandEmbed.aspx?Token=11817&aid=18596&Plt=FOD&loid=0&w=400&h=340

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

TED. (2011). TEDTalks: Rebecca MacKinnon—Let’s take back the Internet [Video file]. Retrieved from

https://secure.films.com/OnDemandEmbed.aspx?Token=48199&aid=18596&Plt=FOD&loid=0&w=400&h=340

WQED (Producer). (1987). Marbury v. Madison [Series Episode]. In Equal justice under law: Landmark cases in

Supreme Court history. Pittsburgh, PA: Metropolitan Pittsburgh Public Broadcasting, Inc. Retrieved from

https://secure.films.com/OnDemandEmbed.aspx?Token=4259&aid=18596&Plt=FOD&loid=0&w=400&h=340.

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

COURSE GRADING

Multiple measures of assessment are used in the course, allowing students opportunities to demonstrate their learning in

more than one way and giving consideration to individual learning styles. Course components that will be assessed

include:

DISCUSSIONS Each week students will participate in online discussions with classmates, which are related to the week’s readings. These

discussions replace the interactive dialogue that occurs in the traditional classroom setting. Each week, students’ initial

discussion posts are due by 11:59 p.m. (in the time zone in which each student resides) on Day 3 (Thursday). Students

will have until 11:59 p.m. on Day 7 (the following Monday) to make the required minimum number of response posts to

classmates. Discussions represent 26.5% of the overall course grade.

ASSIGNMENTS There is a written assignment due in Weeks Two and Three of this course. These assignments must reflect college-level

writing and critical thinking. Assignments represent 33% of the overall course grade.

END OF COURSE SURVEY In Week 5, you will have the opportunity to complete the End of Course Survey, which is a short evaluation tool that

allows each student to express their opinion of the course design and instructional delivery. This is your chance to provide

the university and program with valuable feedback that will allow us to evaluate the effectiveness of both the course and

your instructor. Your opinions are a valuable component of the university’s continuous improvement plan as the results of

these surveys are reviewed by instructors and course designers to improve course development and instructional practices.

Since evaluating the quality of your educational experience can be an important learning tool, you will receive 0.5 points

for completing this survey. To complete the survey, please watch for an email from [email protected] entitled

“Ashford University End of Course Survey”. Then, simply click on the link within the email line that reads “Please follow

this link to complete the End of Course Survey here” no later than the last day of the course. After you have completed the

End of Course Survey, please complete the one question quiz to receive your points. If for any reason you wish not to

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

complete the survey, you may do so and still receive the 0.5 points by completing the one question quiz. The End of

Course Survey represents 0.5% of the overall course grade.

FINAL RESEARCH PAPER The final assignment for this course is a Final Research Paper. The purpose of the Final Research Paper is for you to

culminate the learning achieved in the course by analyzing a current events topic that has political and constitutional law

implications. The Final Research Paper represents 40% of the overall course grade.

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

GRADING PERCENT BREAKDOWN

Activity Grading Percent

Discussions 26.5

Assignments 33

End of Course Survey 0.5

Final Research Paper 40

Total 100

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

WEEK ONE

COURSE CONTENT To be completed during the first week of class.

Overview

Activity Due Date Format Grading Percent

Post Your Introduction Day 1

Discussion 1.5

Judicial Independence Within a Political Process

Day 3 (1st post)

Discussion 5

Weekly Learning Outcomes

This week students will

1. Describe the four major components of the American political system.

2. Discuss the overlapping system of checks and balances within our federal government.

3. Evaluate why the Supreme Court is required to settle disputes by utilizing judicial review.

4. Discuss different approaches to interpreting the Constitution.

5. Examine the impacts of federalism on judicial power.

Introduction

The U.S. Constitution is a document that establishes the legal foundation for our political system. In the American

political system, each branch of government (executive, legislative, and judicial) has certain powers authorized by the

Constitution. The Constitution also connects the national government to the state governments and to the rights of

individual Americans. At the core of the American political system are four major components: our national government, a process that separates powers between the branches, a federal structure, and establishment/protection of individual rights

of every American. These four major components, or pillars of our government, have withstood domestic and external

conflict, yet the pillars still are being modified and adapted to our changing world. Understanding the processes that

modify and help our political pillars evolve is an essential starting point in our examination of the U.S. Constitution.

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

Our understanding of the Constitution is strongly influenced by the Supreme Court. When the Court decides a legal

controversy by applying a phrase in the Constitution to a specific case, it breathes meaning into a document that might

otherwise be only words on a page. The most controversial and visible decisions occur when the Court declares that an act

of Congress, the President, or a state conflicts with the Constitution, and is, therefore, invalid. When the Court declares a

law unconstitutional, it exercises the power of judicial review. Generally, other courts, political leaders, and ordinary

citizens accept these interpretations as "the last word" on the meaning of the Constitution. All of the decisions the

Supreme Court makes are centered within our political system and are consequently affected by the politics of the day/era.

It is this influence of the political process on the judicial system that draws our attention and makes the process of judicial

review so controversial.

Required Resources

Text

Ivers, G. (2013). Constitutional law: An introduction. [Electronic version]. Retrieved from https://content.ashford.edu/

x Chapter 1: The Supreme Court and Constitutional Interpretation

x Chapter 2: Judicial Power

Multimedia

Sagal, P. A more perfect union: Constitution USA with Peter Sagal [Video file]. (2013). Retrieved from

https://secure.films.com/OnDemandEmbed.aspx?Token=58627&aid=18596&Plt=FOD&loid=0&w=400&h=340

x This 53-minute video examines the Constitution’s resilient brand of federalism. Review this video in

order to successfully complete your “Post Your Introduction” initial post.

Accessibility Statement.

WQED (Producer). (1987). Marbury v. Madison [Series episode]. In Equal justice under law: Landmark cases in

Supreme Court history. Pittsburgh, PA: Metropolitan Pittsburgh Public Broadcasting, Inc. Retrieved from

https://secure.films.com/OnDemandEmbed.aspx?Token=4259&aid=18596&Plt=FOD&loid=0&w=400&h=340.

x This 30-minute video examines how Justice John Marshall helped establish the principle of judicial

review through an 1803 case. Review this video in order to successfully complete this week’s discussion,

“Judicial Independence Within a Political Process.”

Accessibility Statement

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

Discussions

Participate in the following discussions:

1. Post Your Introduction. 1st Post Due by Day 1.

Prepare: View the first episode of the PBS series on the Constitution, Episode I - A More Perfect Union.

Reflect: After viewing the video, think about how the video frames our U.S. Constitution and the debates over the size and power of the federal government.

Write: Post a two-paragraph introduction of at least 250 words. In the first paragraph, tell a little about your personal and professional interests. What is your major at Ashford University? What are your professional

aspirations? In the second paragraph, briefly describe how something in the video relates to your personal and/or

professional experiences. For example, have you personally been impacted by government programs or

legislation such as health care laws, gun laws, environmental laws, recent drug legislation, etc.? How so?

Respond to Peers: Respond to at least three of your classmates’ posts by Day 7. In your responses to your peers of at least 200 words, examine the comments of your peers concerning government programs or legislation and

compare or contrast them to your own personal experiences.

2. Judicial Independence Within a Political Process. 1st Post Due by Day 3.

Prepare: Read Chapter 1 and 2 in the course text and view the following video: “Marbury v. Madison.”

Reflect: The judicial branch of government was designed not only to serve as a check on the power of the executive and legislative branches but also to be the final arbiter of disputes among states and between the states

and the federal government. One important arbitration tool utilized by the judicial branch is judicial review.

Judicial review is one of the U.S. Constitution’s most provocative features and has played and continues to play

an important role in our country’s history, shaping the laws that impact our society.

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

Write: In your initial post of at least 300 words, utilize the Constitution, established case law, and scholarly sources, to complete the following assignments:

x Define judicial review.

x Explain why the historical origins and legitimacy of judicial review are often called into question.

x Discuss whether the framers of the Constitution intended for the judiciary to have this role in the policy

making process.

Support your claims with examples from the required material(s) and/or other scholarly resources, and properly

cite any references according to APA standards.

Respond to Peers: Respond to at least three of your classmates’ posts by Day 7. In your responses to your peers of at least 200 words, extend the conversation by examining the claims or arguments of your peers in more depth.

For instance, you might consider comparing whether the framers of the Constitution intended for the judiciary to

have this role in the policy making process to a classmate’s argument. Support your claims with examples from

the required material(s) and/or other scholarly resources, and properly cite any references according to APA

standards.

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

WEEK TWO

COURSE CONTENT To be completed during the second week of class.

Overview

Activity Due Date Format Grading Percent

Federalism and the Exercise of National Power

Day 3 (1st post)

Discussion 5

Federalism and Constitutional Debates Day 7

Assignment 15

Weekly Learning Outcomes

This week students will

1. Discuss the foundation, scope, and characteristics of legislative and executive power.

2. Examine the delegation of legislative and executive power.

3. Evaluate the impacts of federalism on legislative and executive power.

Introduction

A balanced distribution of political power that is established by the Constitution is one of the core features of our

American political system. In particular, the Constitution establishes the powers of the legislative branch, Congress, and

the executive branch, the presidency. Two very important categories of powers have been recognized: enumerated power

and implied power. Examples of the enumerated powers are found in the Commerce Clause, the Taxing and Spending

Clause, and the Qualifications Clause. Implied powers are not specifically identified in the Constitution but have their

basis in the Necessary and Proper Clause that gives Congress the “implied power” to enact any legislation that is

“consistent with the letter and spirit of the Constitution” (U.S. Constitution, Article I, section 8, clause 18, 1789). The

Supreme Court has also determined that Congress may delegate powers to the executive branch so that the president can

carry out the administrative responsibilities of any legislation the Congress passes into law. Presidential power, on the

other hand, is not as well defined as legislative power. The executive branch has generally been recognized to have two

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

contrasting types of power. One is stewardship power, which is broad discretion to define and carry out the powers of the

office. The other is traditional or limited powers that are constrained by what is specifically written in the Constitution.

Consequently, the various applications of legislative and executive power are constantly in conflict as the Founding

Fathers intended, both in theory and in practice.

After the American Revolution of 1776, the liberated colonies formed a loose confederation of states. The Articles of

Confederation did not work for a variety reasons. The Constitution of 1787 grew out of that failed experiment. The

constitutional framers embarked on a new experiment – a nation of states, which resulted in a hybrid (an offspring from

crossbreeding two distinctly different types of government) that today we call federalism. Their idea was to establish a

powerful national government while preserving states with their own separate legal and political basis. Like all hybrids,

American federalism, as defined by the Constitution, is ambiguous in many ways. The outcome of the American Civil

War removed some ambiguities in favor of a strong national government. However, the Supreme Court continues to

debate and define relationships between the national and state levels of government.

Required Resources

Text

Ivers, G. (2013). Constitutional law: An introduction. [Electronic version]. Retrieved from https://content.ashford.edu/

x Chapter 3: Legislative Power

x Chapter 4: Executive Power

x Chapter 5: The Commerce Clause and the Exercise of National Power

Multimedia

Hogan, H. (Writer). (2000). The almost painless guide to the executive branch [Series episode]. In R. Hawksworth

(Executive producer), The almost painless guide to United States civics. Chesterton, IN: Media Rich, LLC.

Retrieved from

https://secure.films.com/OnDemandEmbed.aspx?Token=47591&aid=18596&Plt=FOD&loid=0&w=400&h=340

x This 20-minute video discusses the presidential powers, responsibilities, the Electoral College,

impeachment, checks and balances, separation of powers, and more.

Accessibility Statement

Sagal, P. It's a free country: Constitution USA with Peter Sagal [Video file]. (2013). Retrieved from

https://secure.films.com/OnDemandEmbed.aspx?Token=58628&aid=18596&Plt=FOD&loid=0&w=400&h=340

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

x This 53-minute video discusses the Bill of Rights.

Accessibility Statement.

Discussion

Participate in the following discussion:

1. Federalism and the Exercise of National Power. 1st Post Due by Day 3.

Prepare: Read Chapters 3, 4, and 5 in the course text and view the following video: “The Almost Painless Guide to the Executive Branch.”

Reflect: The federal government has many duties, obligations, and powers under the Constitution. Some scholars argue that the reach of the federal government should be limited and constrained. Other scholars argue that the

federal government should not be constrained or limited where the welfare of the U.S. people is concerned. For

example, in the case, Gonzales v. Raich, the boundaries of the federal government’s definition of interstate

commerce are in question. In this case, Drug Enforcement Agency (DEA) agents took marijuana plants from a

woman’s home in California under the Federal Controlled Substances Act. However, under California’s

Compassionate Use Act of 1996, the plants were allowed for medical use.

Write: In your initial post of at least 300 words, utilize the Constitution, established case law, and scholarly sources to address the following questions:

x Does the federal government have the right to ban marijuana under the Commerce Clause of the U.S.

Constitution? Why or why not?

x What are some of the political issues that surround this case?

Respond to Peers: Support your claims with examples from the required material(s) and/or other scholarly resources, and properly cite any references according to APA standards.

Respond to at least three of your classmates’ posts by Day 7. In your responses to your peers of at least 200

words, extend the conversation by examining their claims or arguments in more depth. For instance, you might

consider comparing your argument to a classmate with a different position on the Commerce Clause. Support

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

your claims with examples from the required material(s) and/or other scholarly resources, and properly cite any

references according to APA standards.

Assignment

1. Federalism and Constitutional Debates. Due by Day 7. The written assignment this week requires you to apply your critical thinking skills and evaluate the impact of federalism on selected topics.

Prepare: For this week’s assignment please review Chapters 1 through 5 in the course text and any other additional articles or videos that will help you prepare for this assignment. Conduct personal research as required

to fulfill the assignment requirements.

Reflect: This assignment will require you to use your critical thinking skills to evaluate how the concept of federalism interacts with various current constitutional debates. This assignment is also the first step in the

process towards completing your final research paper. The topic that you select for this assignment, either

religious freedom, free speech, or privacy rights, should be the topic for your final paper as well. That way, the

first main discussion point for the final research paper will be completed when you complete this assignment.

Therefore, think your topic selection over carefully, choose something you are interested in, and save yourself

some extra work by continuing to research the same topic for your final paper.

Select one topic from the following list of three constitutional issues:

x Religious Freedom

x Free Speech

x Privacy Rights

For this assignment, you need to discuss one positive and one negative impact of federalism on the issue you

selected. Once you have discussed those impacts, you are expected to evaluate which impact is the most

significant on your issue and discuss the reasons behind that evaluation.

For example, if your topic were to be about regulation of commerce, federalism impacts regulation of commerce

in a positive way by setting nationwide safety and building standards for highways, railroads, and airfields.

Federalism could impact regulation of commerce in a negative way by forcing states to adhere to nationwide

speed limits and safety laws that may not take into consideration local conditions and needs.

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

If you were going to look at equal protection under the law, one could argue that federalism has positively

impacted equal protection of the law. The Fourteenth Amendment was critical in reducing racial discrimination

because of landmark rulings like Brown v. Board of Education. On the other hand, federalism initially enabled

states to treat their citizens differently based on the color of their skin. Supreme Court rulings such as Plessy v.

Ferguson allowed the states to segregate blacks and whites as long as the states provided “separate, but equal

facilities.”

For this paper, utilize the Constitution, established case law, and scholarly sources to discuss both sides of the

argument and then provide a logical argument why one impact is more significant.

Write: Your paper should be organized into the following sections and should:

x Introduce the selected issue and the direction of the paper (1/2 page)

x Discuss one positive impact of federalism on the selected issue. (1 page)

x Discuss one negative impact of federalism on the selected issue. (1 page)

x Evaluate which impact is the most significant and discuss why. (1 page)

x Conclude and summarize the main findings of the paper. (1/2 page)

The paper must be at least four pages in length (not including title and reference pages) and formatted according

to APA style as outlined in the Ashford Writing Center. You must utilize at least three scholarly sources, one of

which may be your course text. Cite your sources within the text of your paper and on the reference page. For

information regarding APA, including samples and tutorials, visit the Ashford Writing Center.

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

WEEK THREE

COURSE CONTENT To be completed during the third week of class.

Overview

Activity Due Date Format Grading Percent

Freedom of Speech, Press, and Assembly: Today and Tomorrow

Day 3 (1st post)

Discussion 5

Final Research Paper Outline Day 7

Assignment 18

Weekly Learning Outcomes

This week students will

1. Discuss the evolution of freedom of speech, assembly, and press in the United States.

2. Evaluate how constitutional debates on freedom of speech, assembly, and press impact conceptions of federalism,

civil rights, and liberties.

Introduction

When the U.S. Constitution went into effect in 1787, it didn't include explicit protection for many freedoms that

Americans now see as fundamental. Four years later, ten amendments were added to the Constitution (the Bill of Rights)

because many feared that fundamental rights might be abused by government. The First Amendment states, in part:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." (U.S.

Constitution, Amendment I, 1789). Americans’ desire to constitutionally protect religious freedom grew out of their pre-

independence experience. Many of the American colonies were founded by religious dissidents – people fleeing religious

persecution. For example, in 1620, the Puritans fled England on the Mayflower because their form of Protestantism was

being persecuted by the pro-Catholic wing of the Anglican Church, which was supported by the English king. They

formed the Massachusetts Bay Colony in America as a place where they could establish Puritanism as a kind of state

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

religion of their own. In other words, they established a political system that was as intolerant of religious difference as

the one they fled.

The pattern of Massachusetts Bay was repeated throughout the American colonies – each colony having its own officially

favored religious sect and its own ways of disfavoring "non-believers" in that sect. These traditions continued in many

places up to and beyond the American Revolution.

Therefore, it is not surprising that when the Constitution of 1787 created a powerful new national government, many

feared that it might continue the tradition of favoring one religion and disfavoring others. Thomas Jefferson, James

Madison, and other Founding Fathers determined that the Constitution needed to explicitly state that this should be – thus,

the First Amendment was written. There are two related elements of religious liberty reflected in the First Amendment:

1. One idea is that government may not establish an official religion or state church or involve itself in religion in

order to favor one group of believers or their beliefs. This element is expressed in the "Establishment Clause" of

the First Amendment – government "shall make no law respecting an establishment of religion" (U.S.

Constitution, Amendment I, 1789).

2. The other idea is that government may not regulate or restrict religious belief. This element is expressed in the

"Free Exercise Clause" – government "shall make no law... prohibiting the free exercise of religion” (U.S.

Constitution, Amendment I, 1789).

In addition to religious liberty, the First Amendment guarantees various kinds of free expression. It states, in part:

"Congress shall make no law... abridging the freedom of speech, or of the press; or the right of the people peaceably to

assemble, and to petition the Government for a redress of grievances" (U.S. Constitution, Amendment I, 1789). Many

Americans think that the First Amendment's protections of free expression are the most important guarantees in the

Constitution. In contrast to this perspective is the reality that freedom of speech and the press have rather fragile roots in

American history.

Before the Revolution of 1776, the colonies had laws based on the English idea that government could not exercise prior

restraint on the written publication of ideas. However, publishers could still be punished for what they printed (after the

fact). For example, English and colonial laws authorized prosecutions for the publication of seditious libel – words that

bring hatred or contempt on the government, the established religion, or the administration of justice. Under this standard,

almost any press story critical of the government could be prosecuted.

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

An important difference between the American colonies and England was that when criminal prosecutions for seditious

libel were brought into court, American juries were less likely to find the defendants guilty than English juries – partly

because juries were often sympathetic with defendants speaking out against unpopular colonial governments. This jury

bias made American colonial prosecutors less likely to enforce these laws. In addition, the adoption of the Constitution led

to fears that a powerful new national government would take away people's liberty. The political backlash included a push

to protect freedom of speech and the press from the new government. Thomas Jefferson and James Madison believed that

protecting these liberties would be the most important accomplishment of the Bill of Rights, adopted in 1791, only four

years after the Constitution went into effect. Then, remarkably, only a few years later, Congress passed the Sedition Act of

1798, modeled on the old seditious libel laws. For some, the First Amendment merely protected the traditional concept of

a free press, freedom from prior restraint but not freedom from prosecution for words that criticized the government or

brought it into hatred or contempt. The law was actually enforced against newspapers that were supporting Jefferson's

campaign to run for president in the election of 1800. After Jefferson won the election, the Sedition Act expired in 1801

without ever being tested in the Supreme Court.

Remember, these events occurred before the Supreme Court had exercised judicial review. That came a few years later in

1803 (Marbury v. Madison). Would the Court have declared the Sedition Act an unconstitutional violation of the First

Amendment? For more than 100 years, the federal courts did not pay much attention to the amendment. However, World

War I moved the United States into an era where fear of external enemies set off a new round of repressive sedition laws

in the name of national security. Today, these freedoms are still debated and the context has greatly expanded to virtual

media like the Internet.

Required Resources

Text

Ivers, G. (2013). Constitutional law: An introduction. [Electronic version]. Retrieved from https://content.ashford.edu/

x Chapter 6: Religious Freedom

x Chapter 7: Freedom of Speech, Assembly, and Press

Multimedia

Mellows, M. (Producer). & Belton, D. (Director) (2010). A new eden [Series episode]. In M. Sullivan (Executive

producer). God in America: How religious liberty shaped America. Boston, MA: WGBH. Retrieved from

https://secure.films.com/OnDemandEmbed.aspx?Token=44446&aid=18596&Plt=FOD&loid=0&w=400&h=340.

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

x This 60-minute video examines the origins of America’s efforts to support religious freedom throughout

our nation.

Accessibility Statement

TED. (2011). TEDTalks: Rebecca MacKinnon—Let’s take back the Internet [Video file]. Retrieved from the

https://secure.films.com/OnDemandEmbed.aspx?Token=48199&aid=18596&Plt=FOD&loid=0&w=400&h=340

x This 15-minute video discusses some of the difficulties of balancing the need for free speech civil

liberties with needs for security and law enforcement.

Accessibility Statement

Discussion

Participate in the following discussion:

1. Freedom of Speech, Press, and Assembly: Today and Tomorrow. 1st Post Due by Day 3.

Prepare: Read Chapters 6 and 7 in the course text and review the following video: “TEDTalks: Rebecca MacKinnon—Let’s take back the Internet”

Reflect: Certain freedoms identified and protected by the Constitution have been the subject of intense political, social, and cultural controversy. The right of all Americans to believe, say, and write what they want, to protest in

our streets, and to challenge the pervading political, social, cultural thoughts of the day are the most fundamental

of American freedoms. Yet, these freedoms have been, are, and will continue to be modified and will evolve as

our nation evolves. For instance, in the last 10 years, numerous types of social media have been developed that

have changed the way society operates. New versions of social media, from Facebook to SnapChat, are available

at the click of a button – and even on our cellphones or watches. When the Founding Fathers wrote the U.S.

Constitution, they had no idea how technology would advance or how this would impact citizens’ rights.

Write: In your initial post of at least 300 words in length, utilize the Constitution, established case law, and scholarly sources to answer the following question: Is virtual freedom of speech the same as freedom of speech in

other media outlets (i.e., freedom of the press)? Why or why not?

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

Support your claims with examples from the required material(s) and/or other scholarly resources, and properly

cite any references according to APA standards.

Respond to Peers: Respond to at least three of your classmates’ posts by Day 7. In your responses to your peers of at least 200 words, extend the conversation by examining their claims or arguments in more depth or by

responding to the posts that they make to you. Keep the discussion on target and try to analyze things in as much

detail as you can. For instance, analyze your classmate’s response and the real-world examples they provide for

support. Is the support they provide reliable and credible? Also, support your analysis with examples from the

required material(s) and/or other scholarly resources, and properly cite any references.

Assignment

1. Final Research Paper Outline. Due by Day 7. This week’s written assignment is important preparation for the Final Paper. You will construct an outline of your Final Paper that will ensure you have all of the required

elements. You are expected to write an outline, not a draft of your final paper. Drafts of your paper will NOT meet the requirements of this assignment.

Prepare: Please review the necessary course text chapters, articles, and multimedia. Conduct additional research necessary to complete the assignment.

Reflect: The end of the course is rapidly approaching, and now is a great time to begin working on your Final Research Paper. This assignment will give you an opportunity to create a detailed outline of your paper, which

will help you to establish a structure for your final paper. Your outline will be reviewed by your instructor and

the feedback provided will certainly help you create a better final product. Remember, the main point of your

outline is to help you organize your thoughts and research. The outline should serve as the backbone of your paper and should provide the building blocks for your Final Research Paper.

Write: Make sure to read over the instructions for the Final Research Paper, which are located in Week Five of your online course or in the Course Components section of this course guide. As explained in those instructions,

your paper should have seven major sections. For this assignment, you will need to create an outline in a Word

document. Review the Sample Outline from the Ashford Writing Center.

Your outline must include the following:

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

x Title page in APA format

x Introduction and Thesis a. Introduce the main topic and provide a brief preview of main points.

b. Include a thesis statement that identifies how the concepts of federalism, civil liberties, and civil

rights are implicated and affected by your selected topic.

x Main Point 1: Identify implications for federalism related to the topic. a. Provide a topic sentence that describes one positive impact of federalism on the selected topic. b. Provide a topic sentence that describes one negative impact of federalism on the selected topic.

c. Provide at least one piece of supporting evidence (a quote or paraphrase) that supports all of your

claims concerning the impacts of federalism on the selected topic. Be sure to provide an in-text

citation.

d. In a single sentence, explain the meaning of the evidence you added above.

e. So what? Add a sentence that tells your reader how this evidence supports your topic sentence.

Why is this evidence important to share?

x Main Point 2: Identify implications for civil rights related to the topic. a. Provide a topic sentence that describes one positive impact on the civil rights associated with the

selected topic.

b. Provide a topic sentence that describes one negative impact on the civil rights associated with the

selected topic.

c. Provide at least one piece of supporting evidence (a quote or paraphrase) that supports all of your

claims concerning the impacts on the civil rights associated with the selected topic. Be sure to

provide an in-text citation.

d. In a single sentence, explain the meaning of the evidence you added above.

e. So what? Add a sentence that tells your reader how this evidence supports your topic sentence.

Why is this evidence important to share?

x Main Point 3: Identify implications for civil liberties related to the topic. a. Provide a topic sentence that describes one positive impact on the civil liberties associated with

the selected topic.

b. Provide a topic sentence that describes one negative impact on the civil liberties associated with

the selected topic.

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

c. Provide at least one piece of supporting evidence (a quote or paraphrase) that supports all of your

claims concerning the impacts on the civil liberties associated with the selected topic. Be sure to

provide an in-text citation.

d. In a single sentence, explain the meaning of the evidence you added above.

e. So what? Add a sentence that tells your reader how this evidence supports your topic sentence.

Why is this evidence important to share?

x Conclusion i. In a sentence or two, conclude by reviewing your main points and overall thesis.

x References Page i. Include a complete list of references utilized within the outline in APA format.

The paper must be at least three pages in length (not including title and reference pages) and formatted according

to APA style. You must use at least three scholarly sources, not counting your textbook, from the Ashford

University Library to support your claims.

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

WEEK FOUR

COURSE CONTENT To be completed during the fourth week of class.

Overview

Activity Due Date Format Grading Percent

Stop and Frisk Day 3 (1st post)

Discussion 5

Weekly Learning Outcomes

This week students will

1. Discuss the evolution of the concepts of reasonable search and seizure and criminal due process in the United

States.

2. Evaluate how constitutional debates surrounding reasonable search and seizure and criminal due process impact

conceptions of federalism, civil rights, and liberties.

Introduction

Nowhere in the Constitution is the framers’ fear of a tyrannical government more forcefully expressed than in those

provisions of the Bill of Rights that describe in some detail the procedural restrictions on the government’s power to

criminally prosecute individuals. When these constitutional amendments were ratified in 1791, they applied only to the

national government. However, the Supreme Court has, over many decades beginning in 1895, used the 14th Amendment

due process requirement to apply most of these procedural guarantees to the state governments as well. This is called the

theory of incorporation – the idea that the 14th Amendment, which explicitly required the states to adhere to due process

of law, incorporated various aspects of due process that are spelled out in the Bill of Rights.

The Fourth Amendment prohibits the government from conducting “unreasonable searches” of the “people” – “their

persons, houses, papers, and effects” (U.S. Constitution, Amendment IV, 1789). A general rule to establish

reasonableness is the requirement of a warrant. Nevertheless, the Supreme Court has established many exceptions to this

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

rule. In addition, the Court often defines reasonableness according to whether a search occurs outside the zone of one’s

legitimate expectations of privacy. Many cases turn on debates over this slippery concept. Some of the more controversial

cases involve the Supreme Court’s willingness to measure the reasonableness of a search by balancing individual privacy

rights against governmental interests in intruding into the personal zone of privacy.

The Fifth Amendment states a variety of procedural and substantive restrictions. Some of the more notable are the

requirement of a grand jury in the most serious criminal cases, protection against being tried twice (double jeopardy) for

the same crime, the right to not incriminate (be a witnesses against) oneself, and the general guarantee that one may not be

“deprived of life, liberty, or property, without due process of law” (U.S. Constitution, Amendment V, 1789).

The Sixth Amendment describes the procedural elements that must be present in all criminal prosecutions. Trials must be

speedy, public, and by jury. Criminal defendants have the right to notice of the crime they are accused of, to confront

opposing witnesses, to compel the attendance of witnesses, and to the assistance of counsel.

The Eighth Amendment accords criminal defendants the right to be released without excessive bail and to avoid cruel and

unusual punishments. In recent decades the Supreme Court has struggled, in many controversial decisions, to develop

methods of defining the limits on penal policies enacted by legislatures responding to public anger at and fear of crime

and terrorism.

Required Resources

Text

Ivers, G. (2013). Constitutional law: An introduction. [Electronic version]. Retrieved from https://content.ashford.edu/

x Chapter 8: Search and Seizure

x Chapter 9: Criminal Due Process

Multimedia

Center for Constitutional Rights. (2013, Aug. 12). Floyd, et al. v. City of New York, et al. Retrieved from

http://ccrjustice.org/floyd

x This article/video source explains the history and details surrounding the recent Federal Court ruling that

the practice of “stop and frisk” was unconstitutional.

Accessibility Statement

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

Sieber, G. (Writer) (2001). A matter of life and death: The politics of abortion and capital punishment [Series episode]. In

E. Cundiff (Executive producer), A consistent ethic of life: Is consensus possible? Princeton, NJ: Films for

Humanities & Sciences. Retrieved from

https://secure.films.com/OnDemandEmbed.aspx?Token=11817&aid=18596&Plt=FOD&loid=0&w=400&h=340

x This 30-minute video investigates the divergent stand between liberals and conservatives on the issues of

the legality of abortion and the death penalty.

Accessibility Statement

Discussion

Participate in the following discussion:

1. Stop and Frisk. 1st Post Due by Day 3.

Prepare: Read Chapters 8 and 9 in the course text and review the following resource Floyd, et al. v. City of New York, et al

Reflect: As you learned in this week’s readings, many constitutional scholars consider the prohibition of unreasonable searches and seizures as one of the most basic freedoms that the Bill of Rights clearly protects. This

central freedom supports and protects other essential freedoms, like free speech, press, assembly, and religion.

Recently, this core freedom has become a very controversial debate topic as large American cities, like New York

City, have instituted police procedures described as “stop and frisk.” In these cities, when a police officer has

reason to believe that a person is armed there is a set protocols for police officers that they must accomplish in

order to determine if the suspected individual is a threat to public safety. For example, officers can make stops

based on suspicious activities and frisk individuals for weapons. Courts have found this to be within the

boundaries of the Fourth Amendment until just recently.

Write: In your initial post of at least 300 words, utilize the Constitution, established case law, and scholarly sources to complete the following assignments:

x Describe one argument that supports “stop and frisk” policies.

x Describe one argument that opposes “stop and frisk” policies.

x Explain which argument is the most constitutionally sound. Why?

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

Provide real-world examples to support your answers. Support your claims with examples from the required

material(s) and/or other scholarly resources, and properly cite any references.

responding to the posts that they make to you. Keep the discussion on target and try to analyze things in as much

detail as you can. For instance, analyze your classmate’s discussion of the difference between a reasonable and

unreasonable search. Is their discussion valid, well supported, and logical? Also, support your analysis with

examples from the required material(s) and/or other scholarly resources, and properly cite any references.

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

WEEK FIVE

COURSE CONTENT To be completed during the fifth week of class.

Overview

Activity Due Date Format Grading Percent

What Right to Privacy? Day 3 (1st post)

Discussion 5

End of Course Survey Day 7 End of Course Survey 0.5

Constitutional Issues and the Scope and Character of U.S. Government

Day 7

Final Research Paper 40

Weekly Learning Outcomes

This week students will

1. Discuss the evolution of the concepts of privacy and personal autonomy and equal protection under the law in the

United States.

2. Evaluate how constitutional debates surrounding privacy and personal autonomy and equal protection under the

law impact conceptions of federalism, civil rights, and liberties.

Introduction

What Right to Privacy? The enduring political outcome of the American Civil War is most clearly expressed in the 13th, 14th, and 15th Amendments to the U.S. Constitution. The 13th Amendment abolished slavery. The 14th Amendment

established citizenship by birthright and protected due process of law and equal protection of the laws against

infringement by the states. The 15th Amendment prohibited the states from denying voting privileges on the basis of race.

For many decades, the Supreme Court very narrowly interpreted the due process and equal protection provisions of the

14th Amendment. Then, in the mid-twentieth century, the Court breathed new life into these concepts. Today, most

Americans consider many of the rights that derive from these two principles of constitutional law to be fundamental. Both

the right to privacy and equal protection have come under intense examination in U.S. courts.

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

Required Resources

Text

Ivers, G. (2013). Constitutional law: An introduction. [Electronic version]. Retrieved from https://content.ashford.edu/

x Chapter 10: Privacy and Personal Autonomy

x Chapter 11: Equal Protection

Multimedia

Ablow, G., Conley, J., Kim, G., Wang, J., & White, C. (Producers). (2013). Moyers & Company: What's fueling the

modern abortion debate? [Video file]. Retrieved from

https://secure.films.com/OnDemandEmbed.aspx?Token=52915&aid=18596&Plt=FOD&loid=0&w=400&h=300

x This 37-minute video examines many of the issues surrounding a women’s right to choose an abortion.

Accessibility Statement

Discussion

Participate in the following discussion:

1. What Right to Privacy? 1st Post Due by Day 3.

Prepare: Read Chapters 10 and 11 in the course text and review the following resource Moyers & Company: What's Fueling the Modern Abortion Debate?

Reflect: The fact that the Constitution does not have a specific clause or reference to a right to privacy has become a very contentious cultural, social, and political issue in the United States. The ability of the government

to enter into the private lives of American citizens has clearly been restricted by provisions in the Fourth

Amendment, yet the debate over certain privacy based rights such as contraception, abortion rights, and

consensual sexual activity continues today. In particular, when discussing abortion, many immediately begin to

debate a woman’s right to choose to have an abortion or not. At the heart of the issue constitutionally, is not

whether a woman has the right to make this decision but whether she has the right to privacy under the Fourth

Amendment.

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

Write: In your initial post of at least 300 words, utilize the Constitution, established case law, and scholarly sources to answer the following questions:

x How does the right to privacy protect a women’s right to have an abortion or not?

x Is this a constitutionally valid interpretation of the right to privacy? Why or why not?

Do not rely upon personal opinion to make your argument. Support your claims with examples from the required

material(s) and/or other scholarly resources, and properly cite any references.

responding to the posts that they make to you. Keep the discussion on target and try to analyze things in as much

detail as you can. For instance, analyze your classmate’s argument concerning the right to privacy and abortion.

Is their argument reliably and credibly supported by the U.S. Constitution and established case law? Also, support

your analysis with examples from the required material(s) and/or other scholarly resources, and properly cite any

references.

End of the Course Survey

Participate in the following discussions:

1. End of the Course Survey Due by Day 7. After you have completed the End of Course Survey, please complete the one question quiz to receive your points. If for any reason you wish not to complete the survey, you

may do so and still receive the 0.5 points by completing the one question quiz.

Final Research Paper

1. Constitutional Issues and the Scope and Character of U.S. Government. Due by Day 7. In the Final Research Paper, you will use your critical thinking skills to analyze and evaluate a current events topic that has

constitutional and political implications.

Select one topic from the following list of three constitutional issues. The topic you select should also be used as

the topic for your Week Two and Three written assignments:

x Religious freedom

x Free speech

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

x Privacy rights

The thesis of the paper will be a statement identifying how the concepts of federalism, civil liberties, and civil

rights are implicated in and affected by this topic.

Utilize the feedback from your Week Two and Three Assignments to create a more thorough outline to form your

Final Research Paper. The paper must include five main sections:

x Introductory paragraph that provides a brief background regarding the topic and introduces the main

thesis.

x In-depth discussion of the implications for federalism related to the topic.

o Explain how and why federalism has a positive and negative impact on the selected topic.

� Provide one real-world positive example.

� Provide one real-world negative example.

� Utilize the Constitution, established case law, and scholarly sources to support your

explanation.

x In-depth discussion of the implications for civil rights related to the topic.

o Explain how and why civil rights are positively and negatively affected by the selected topic.

� Provide one real-world positive example.

� Provide one real-world negative example.

� Utilize the Constitution, established case law, and scholarly sources to support your

explanation.

x In-depth discussion of the implications for civil liberties related to the topic.

o Explain how and why civil liberties are positively and negatively affected by the selected topic.

� Provide one real-world positive example.

� Provide one real-world negative example.

� Utilize the Constitution, established case law, and scholarly sources to support your

explanation.

x Concluding paragraph that summarizes the main findings and restates the thesis.

The paper must be at least 11 pages in length (excluding title and reference pages) and formatted according to

APA style. You must use at least six scholarly resources (at least five of which can be found in the Ashford

University Library) other than the textbook to support your claims. Cite your sources within the text of your paper

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

and on the reference page. For information regarding APA, including samples and tutorials, visit the Ashford

Writing Center.

The Final Research Paper:

x Must be at least 11 double-spaced pages in length (excluding title and reference pages), and formatted

according to APA style as outlined in the Ashford Writing Center.

x Must include a title page with the following:

o Title of paper

o Student’s name

o Course name and number

o Instructor’s name

o Date submitted

x Must begin with an introductory paragraph that has a succinct thesis statement.

x Must address the topic of the paper with critical thought.

x Must end with a conclusion that reaffirms your thesis.

x Must use at least six scholarly resources, including a minimum of five from the Ashford University

Library.

x Must document all sources in APA style, as outlined in the Ashford Writing Center.

x Must include a separate reference page, formatted according to APA style as outlined in the Ashford

Writing Center.

POL303: THE AMERICAN CONSTITUTION COURSE GUIDE

COURSE MAP

The course map illustrates the careful design of the course through which each learning outcome is supported by one or

more specific learning activities in order to create integrity and pedagogical depth in the learning experience.

Learning Outcome Week Activity

1. Describe major political themes in the historical

development of key concepts and principles of the

U.S. Constitution.

2 2 3 5

� Federalism and the Exercise of National Power Discussion

� Federalism and Constitutional Debates Assignment

� Final Research Paper Outline Assignment

� Final Research Paper

2. Discuss the constitutional formation of the three

branches of the federal government.

1 � Judicial Independence Within a Political Process Discussion

3. Examine the role of judicial review and judicial

philosophy in interpreting the Constitution.

� Judicial Independence Within a Political Process

4. Analyze how the concepts of federalism, civil

liberties, and civil rights interact with different

interpretations of the Constitution.

2 2 3 3 4 5 5

� Federalism and the Exercise of National Power Discussion

� Federalism and Constitutional Debates Assignment

� Freedom of Speech, Press, and Assembly: Today and Tomorrow Discussion

� Final Research Paper Outline Assignment

� Stop and Frisk Discussion � What Right to Privacy? Discussion � Final Research Paper

5. Evaluate interpretations of the Constitution from

various interdisciplinary perspectives.

3 3 4 5 5

� Freedom of Speech, Press, and Assembly: Today and Tomorrow Discussion

� Final Research Paper Outline Assignment

� Stop and Frisk Discussion � What Right to Privacy? Discussion � Final Research Paper