Class Writing Assignments
The Written Assignments for this course are composed of a number of brief writing efforts. Students must complete and hand these in at various class meetings. Submit these only when the assignment is due or is appropriate. The appropriate sequence of subjects are indicated in the Syllabus and below. Each assignment must be the student's own work, even if the student uses secondary sources that provide some information. These assignments must not be quotations. (N.B. the Plagiarism link on this website.) The purpose of these assignments is to insure student preparation for class each day and, more importantly, to develop the ability in each student to write and think clearly and coherently and with significant focus on the analytic features of their work. These assignments will help students develop efficient and better writing skills. The students are expected to complete all of these assignments, as they become due. Each of these assignments will be evaluated and returned to the student.
Students will prepare these written assignments as announced. The assignments will be very brief documents. It is important that students develop the abilities to write clearly, concisely, directly, and analytically, throughout the semester and to make deadlines. These assignments are to be submitted in typed, single-spaced form, with your name on each page and the complete case name and citation at the top of the page.
Please note that NO LATE submissions WILL BE ACCEPTED. These assignments are to be submitted at the beginning of the appropriate class periods (NOT at the end). They are to be written. Electronic submissions will not be accepted.
Do not use short cuts to reading and understanding the cases, and then writing these assignments. Such short cuts are easily available and they are very tempting. However, such shortcuts will not teach the students what they are expected to learn from this set of writing exercises. So do not use shortcuts in the course of preparing these written assignments.
For purposes of class discussion, students should retain a separate copy of their submissions plus their brief of each case and any other materials on each case and they should bring those materials to class for reference during class discussions. That way, students can refer to those notes during discussion, and they can annotate them when appropriate during discussion.
The sequence of reading assignments in O’Brien and other, supplementary materials (additional cases) are (or will be) listed in the Syllabus. The first written assignment is to prepare a (ONE) sentence that states the holding in each case in the order that they are covered on the syllabus. These holding statements are to be succinct, focused, and precise as well as narrow and correct. Remember the holding should be one sentence long. That means the sentence should probably be two to four typed lines long. It should contain the specific and determinative facts, if appropriate, in the case on which the holding turns. The statement should also be focused narrowly on the holding for the case. Be careful NOT to make vague and general statements about the court's holding. This sentence should not contain any of the reasoning for the holding. That means do not try to answer the question of WHY the Court held as it did. (Do not include a “because” in your holding.) (The "why" will be developed in the class discussion and later in the semester students will be asked to submit material should know what the court's reasoning for each case is, even if that is not contained in the holding.)
The relevant due dates for the sentence holdings and court diagrams are not indicated here. Students are to "stay" three (3) cases ahead of where the discussion ended for each class period. That means after the start of these holdings (with Marbury v. Madison due on August 29th) subsequent written holdings should be submitted for the next three cases as each case is covered (completed) in class. During the first few weeks of the semester the rate of class discussion will be quite slow, and as a result there will be several days when no writing assignments are due. If a student does not know where the class discussion ended for the previous day, they should check with a classmate to determine if and how many written holdings should be prepared for the next class.
After a series of holdings, later writing assignments will involve lengthier descriptive and more analytic paragraphs relating to cases.
N.B. To write the holding for, a paragraph on, or an argument relating to a case students must "read" (i.e. understand) the case. Then formulate their statement(s) clearly and concisely. Students' work will be evaluated on the basis of clarity and correctness for each case.
Writing
Assignments:
HOLDINGS
I. Judicial Power
Two (2) case holdings.
The sequence
of cases for the writing assignments (i.e., holdings) for this topic are
posted on the syllabus for the course, under II Executive Power.
II. Executive Power
The sequence of cases for the
writing assignments (i.e., holdings) for this topic are posted on the syllabus
for the course, under II Executive Power.
III. Legislative Power
A. Congress: Membership, Immunities, and Investigatory Powers
B. Congress: Legislative, Taxing, and Spending Powers
The sequence
of cases for the writing assignments (i.e., holdings) for this topic are
posted on the syllabus for the course, under III Legislative Power. We will begin with the cases and the material
covered in CHAPTER 6.
You will be responsible for
submitting a paragraph on each of FOUR (4) cases each class period, beginning
with McCulloch v. Maryland. The paragraph must be clearly and concisely
written and contain:
1. The
holding in the case.
2. The
court’s justification or explanation for the holding.
IV.
State Government Power and Limits on State Power
Reading and case assignments
for this section will be made later.
V.
Economic Rights and American Capitalism
Reading and case assignments
for this section will be made later.