PS 421: The Supreme Court and American Politics

Summer Term 2020; Online only Course

June 22-July 19

Professor (Emeritus) Robert Lockwood

Contact Information: lockwoodr@pdx.edu

Course Description:
This four week course will explore the U.S. Supreme Court’s place in America’s
constitutional structure. We will explore how the Supreme Court forms and
shapes policy through constitutional interpretation. We will also examine the way
political forces and influences shape Supreme Court practices, judicial selection,
and the decision-making process. There will be a special focus on key U.S.
Supreme Court decisions decided during the 2019-2020 term. A Weekly
Discussion Board (worth 20% of the grade) will allow students to share insights
and observations regarding material from the Textbook (David O’Brien: Storm
Center, 11th Ed.) and a set of ‘Suggested Readings’ that will be included in the
weekly course outline. There will also be two essay assignments, each worth 40%
of the grade. You will have five (5) question options on each of these essay exams
and be asked to draft a response to one (1) of these question options on each
exam.

Special Note Regarding this summer 2020 Course:

The university is offering all courses this summer in some form of online
format due to the impact of the corona virus. This particular class is being offered
on D2L. If you are unfamiliar with this learning platform, please let me know so
that I can assist you in having a positive experience this term.

Many students are also ‘hard pressed’ due to job loss or financial aid
challenges. I have selected only one textbook for this class. I believe it can be
purchased for less than $40. I also think it may be available to rent (at a much
lower cost). All other articles or cases we will consider for the class are included in
the weekly ‘Suggested Readings’ at no extra cost. Please let me know if you are
having any difficulty in the class. Since I frequently include updates or class
revisions on the Course Announcements Page, please check this Announcements
Page on a regular basis.

Course Objectives:
1. To understand the role the U.S. Supreme Court has played in the American
political system from the drafting of the Constitution to the present
2. To acquire a knowledge of the various stages of Supreme Court decision-
making and how factors in each stage impact the outcomes of litigants and
society
3. To gain an awareness of current developments in Supreme Court
jurisprudence, including the impact of membership changes on Supreme
Court precedent
4. To develop the ability to read legal opinions critically and to effectively
communicate your arguments (on written essay assignments) regarding key
issues facing the Supreme Court in a clear and concise manner

Required Course Materials:

David O’Brien, Storm Center: The Supreme Court in American Politics, 11th Ed.

Supplemental Materials:
 There will be a number of ‘Suggested Readings’ that will be included (at no cost)
each week of the course designed to update issues that were raised by the
O’Brien text (published in 2017).

A special note regarding the ‘Suggested Readings’: You are not

expected to read all of the ‘Suggested Readings’ each week. Examine as many as
your schedule allows. There will be no quiz on any of the ‘Suggested Readings’.
The ‘Suggested Readings’ are designed to provide material that you may use to
help craft your comments on the weekly Discussion Board or use as academic
support references when responding to the two essay assignments this term.

A special Note Regarding the Weekly Discussion Board :

The weekly Discussion Board is an integral part of this course.
Students are expected to exchange ideas on legal and policy issues
related to the material in the Text or the ‘Suggested Readings’
noted each week through the Discussion Board. Each week there
will be ‘discussion prompts’ posted that are designed to encourage
dialog. You do not need to respond to any of the ‘discussion
prompts’ posted. You may choose to respond to one of the
‘discussion prompts’ or you may post a comment on an aspect of
the material that is especially significant to you. In either event,
your posts should serve to encourage group discussion and not
appear to be ‘stand-alone’ essays on a topic. I suggest (but do not
require) that you limit individual posts to no more than 100 words.

The expectation is that you will post at least twice each week. I
realize that there are about 45 students registered for the course
this term. I have divided the class into several groups so that it will
not seem so difficult to post something ‘new’ and different’ on the
weekly Discussion Board. Please try to post early in the week so
that others will have an opportunity to read and comment on your
post before the Discussion Board closes for that week.

The weekly Discussion Board posts are worth 20% of the course
grade. Each week (for 4 weeks) a maximum of 5 points will be
awarded based on the relevance and quality of the weekly posts a
 student makes for that week. Please let me know if you have any
questions related to posting on the Discussion Board.

The weekly Discussion Board will open each week by 8:00 am

Monday morning and close the following Monday evening at 11:59
pm. The Week # 4 Discussion Board will close on Sunday, July 19.

Please be courteous with your posts and respect

the views of others in the course.

Weekly Course Syllabus:

Week # 1: (June 22-June 28):
1. Read Chapter # 2 in Storm Center: The Cult of the Robe
a. The Myth of Merit
b. Process of Appointment
c. Political Tradeoffs
d. Packing the Court
e. Betrayed by Justice
f. Off-the-Bench Activities
g. Independence and Accountability
2. Review some of the ‘Suggested Readings’
3. Watch the Introductory Video (or review the Transcript of this video)
4. Participate on the Week # 1 Discussion Board (worth 5 points). The
expectation is that you will post at least twice on the Discussion Board.
These posts may be original or reply postings.
5. There is no essay assignment this week

Week # 2: (June 29-July 5):

1. Read Chapter # 3 in Storm Center: Life in the Marble Temple
 a. Before the Marble Temple
b. In the Marble Temple
c. Justice and Company-Nine Little Law Firms
d. Administrative Staff
e. Managing Caseload
2. Read Chapter # 4 in Storm Center: Life in the Marble Temple
a. Access to Justice
b. Setting the Agenda
c. Agenda for Policy Making—Who Benefits, Who Loses?
d. Review Denied, Justice Denied?
3. Review some of the ‘Suggested Readings’ for this week
4. Essay Assignment # 1: Available on Friday, July 3 at 8:00 am. Due by
11:59 pm in the Assignment # 1 Drop Box on Wednesday, July 8. This
essay assignment is worth 40 points. There will be a word limitation to
prevent the assignment from becoming a mini-term paper.
5. Participate on the Week # 2 Discussion Board (worth 5 points). The
expectation is that you will post at least twice on the Discussion Board.
These posts may be original or reply postings.

Week # 3: (July 6-July 12):

1. Read Chapter # 5 in Storm Center: (Deciding Cases and Writing Opinions)
a. The Role of Oral Argument
b. Conference on Merits
c. Opinion-Writing Process
d. The Value of Judicial Opinions
e. Institutional and Individual Opinions
2. Read Chapter # 6 in Storm Center (The Court and American Life)
a. Opinion Days
b. Communicating Decisions to the Media
c. Implementing Rulings and Achieving Compliance
d. The Supreme Court and American Life
 3. Review some of the ‘Suggested Readings’ for this week
4. Essay Assignment # 2 (worth 40 points) will be available at 8:00 am on
Tuesday, July 14th. It is due in the Assignment # 2 Drop Box by Saturday,
July 18 by 11:30 pm. There will also be a word limitation of this essay
assignment to prevent it from become a mini-term paper in disguise.
5. Participate on the Week # 3 Discussion Board (worth 5 points). The
expectation is that you will post at least twice on the Discussion Board.
These posts may be original or reply postings.

Week # 4: (July 13-July 18):

1. Read Chapter # 1 in Storm Center: (A Struggle for Power)
a. Abortion, the Court, and American Politics
b. No Longer the ‘Least Dangerous’ Branch
2. Review some of the ‘Suggested Readings’ for this week
3. Participate on the Week # 4 Discussion Board (worth 5 points). The
expectation is that you will post at least twice on the Discussion Board.
These posts may be original or reply postings.
4. Be sure to submit the Essay Assignment # 2 no later than Saturday, July 18
by 11:30 pm unless you have made special arrangements for a late
submission with the instructor.

Grading Scale:

100-93 A

92-90 A-
89-87 B+

86-83 B
82-80 B-

79-77 C+
76-73 C

72-70 C-
69-67 D+
66-63 D

62-60 D-
59-0 F

Please check with the Political Science Department to see if you can
take this course on a Pass/No Pass basis.

Safe Learning Environment

Portland State is committed to fostering a safe, productive learning environment. Title IX

and our school policy prohibit discrimination on the basis of sex, which regards sexual
misconduct — including harassment, domestic and dating violence, sexual assault, and
stalking. Please be aware that PSU’s policies require faculty members to report any
instance of sexual harassment, sexual violence and/or other forms of prohibited
discrimination.

Academic Accommodations and Disability Services

PSU values diversity and inclusion; we are committed to fostering mutual respect and
full participation for all students. My goal is to create a learning environment that is
equitable, useable, inclusive, and welcoming. If any aspects of instruction or course
design result in barriers to your inclusion or learning, please notify me. The Disability
Resource Center (DRC) provides reasonable accommodations for students who
encounter barriers in the learning environment.

If you have, or think you may have, a disability that may affect your work in this class
and feel you need accommodations, contact the Disability Resource Center to schedule
an appointment and initiate a conversation about reasonable accommodations. The DRC
is located in 116 Smith Memorial Student Union, 503-725-4150, drc@pdx.edu,
https://www.pdx.edu/drc.

If you already have accommodations, please contact me to make sure that I have received
a faculty notification letter and discuss your accommodation.

Technology Policy
Technological support is available through PSU’s Help Desk: (503) 725-HELP or
Help@pdx.edu. It is the student’s responsibility to maintain functioning computer
equipment and have consistent Internet access throughout the length of the course.
Multiple university resources are available to teach students how to prepare for online
courses.

All written work must be submitted in a format that is accessible with university-issued
software (e.g. adobe reader, MS Word). Papers submitted in an inaccessible format
cannot be graded. If you are uncertain whether your software will be suitable for
submitting papers, contact the PSU Helpdesk.

It is the student’s responsibility to confirm that email messages and any attachments have
been received by the professor. All emails will receive a prompt reply. If a reply is not
received within 24 hours, you should assume your message did not arrive successfully
and you should follow with an additional email communication until confirmation is
received.

Academic Honesty

By turning in an examination, paper, assignment, or in providing discussion board

contributions, you (the student) certify that the work was produced without plagiarism or
other forms of academic dishonesty.

Quoting from the Student Code of Conduct (http://www.pdx.edu/dos/psu-student-code-

conduct), acts of academic dishonesty, “include, but are not limited to, (a) cheating, (b)
fraud, (c) plagiarism, such as word for word copying, using borrowed words or phrases
from original text into new patterns without attribution, or paraphrasing another writer’s
ideas; (d) the buying or selling of all or any portion of course assignments and research
papers; (e) performing academic assignments (including tests and examinations) in
another person’s stead; (f) unauthorized disclosure or receipt of academic information;
(g) falsification of research data; and (h) unauthorized collaboration; (i) using the same
paper or data for several assignments or courses without proper documentation; (j)
unauthorized alteration of student records; and (k) academic sabotage, including
destroying or obstructing another student’s work.”

Incomplete Grades
Under special circumstances a student may be granted an incomplete (“I”) grade by the
professor. To be eligible for an incomplete, PSU requires all of the following criteria
apply:

Required satisfactory course completion/participation: The quality of the work is

satisfactory, but some essential work remains. In addition, the student must have
successfully completed most of the course work at the time the student requests the
Incomplete, with a minimum grade up to that point of a C- for undergraduate courses.

Reasonable justification for request: Reasons for assigning the Incomplete must be
acceptable by the instructor. A student does not have the right to demand an Incomplete.
The circumstances should be unforeseen or be beyond the control of the student. The
instructor is entitled to request appropriate medical or other documentation to validate the
student’s request.

Incomplete grade is not a substitute for a poor grade. The Incomplete grade is not meant
to create the opportunity for special or additional work for a student to raise a poor grade,
or for the opportunity to take the course over by sitting in on the course in a later term
without registering or paying for it.

Written agreement: A written or electronic agreement will be endorsed by both the

instructor and student. The document will specify a) the remaining work to be completed,
b) the highest grade which may be awarded upon submission of remaining items, and c)
the date which the missing work is due. The latter may not exceed one year from the end
of the term for enrollment for the given course. A template “Incomplete Contract” is
available on Registrar’s website.

Resolving the Incomplete:

If the student needs to retake the entire course, they should be given the grade
presently earned, and must formally register for the future class they will be attending. If
the missed portion of the course is no longer available, instructors may offer an
alternative assignment. Grading weight of the alternative assignment should not exceed
the original assignment. Students are fully responsible for monitoring all due dates.
Students should be aware that failure to make up an Incomplete in an undergraduate
course by the end of one calendar year would result in the mark of “I” automatically
changing to a grade of “F”. The instructor may also establish an earlier deadline. In all
cases, responsibility for resolving an incomplete grade rests solely with the student.