“We the People”
Spring 2022
HI 150-H1
HONORS & CONSTITUTIONS
Mondays & Wednesdays, 11:30-12:20, Sullivan 326
asynchronous work on Blackboard on Fridays
Dr. Charlotte Haller
Department of History and Political Science
Worcester State University
Sullivan 327
Email: challer1@worcester.edu
Phone: 508-929-8046
Office Hours: Mondays, 12:30-3, Thursdays, 1-2:30, and by appointment.
Office hours can be in person or over zoom; zoom appointments can be made very easily through calendly: https://calendly.com/charlottehaller/meetings-with-charlotte-haller
In-person meetings during office hours do not need an appointment – just show up!
This course provides historical perspectives on current issues, focusing upon the state and federal constitutions as living documents. About half of the course will be instructor-led and directed, providing students with foundational knowledge on the constitution, American legal system, and the ways that analysis of laws can be used to understand a variety of topics beyond those conventionally viewed as “constitutional history.” For example, the history of sexuality, the social construction of race, and immigration and citizenship have all been fruitfully studied by a variety of scholars of law and society. The remainder of the course will be driven by student questions and interests (and voted upon by the class as a whole), but the professor will make transparent the research process of identifying sources that the class will read together. The final part of the course will be devoted to student research on a legal problem of their choosing, thus reinforcing and expanding upon students’ information literacy skills.
This course will take the term “We the People” to heart, both in terms of the subject matter of the course as well as the way that the seminar itself will be conducted. While the professor must be a strong presence in the classroom providing knowledge, asking probing questions, and lending expertise, this will be a course about building community within the classroom and empowering students to seek topics and ask questions that relate to their own lives, career goals, and intellectual quests.
REQUIRED READINGS AND OTHER MATERIALS:
You are not required to purchase any materials for this course.
The Constitution of the United States of America. ACLU Pocket edition. [Provided free by Dr. Haller, but other versions of the constitution are available widely online].
All required readings are available online and can be found on our course website and through the links on this syllabus: https://wethepeopleseminar.wordpress.com
We will also listen to several podcasts, both individual episodes, and an entire season of one podcast:
This Land, Crooked Media. (note: link brings you to the preview – there are now two seasons to the podcast – we are listening to season one so be sure to click back to the first episodes).
All readings, podcasts, and videos, should be read/watched/listened to BEFORE coming to class.
PARTICIPATION/ATTENDANCE (25 points)
Class participation and discussion will be critical to your learning in this course. History is not a spectator sport; you must speak up in class. I expect class discussion will be lively, respectful, substantive, and that you will have done that day’s assigned reading before class. When we do workshops in class, I expect you to be engaged in the work of the course.
Because we are still in the middle of a pandemic, while I think the best and most fun way to participate is to come to class, I also know that it may be necessary for people to miss class and there will be no penalties for doing so. If you are sick, stay home. The activities we do in class will be posted on the course website and you can do them on your own and either report on them in an informal response paper (minimum 250 words), which you can post on the Blackboard discussion board for that week, or meet with me to talk about them and get full credit for any missed classes that way.
PAPERS (3):
Paper #1 (15 points): Legal Autobiography (750-1250 words). In this paper, you will explore the ways that the law has shaped your life. You may have had very obvious and clear ways that your life was shaped by law (arrest, adoption, marriage, bankruptcy, immigration, court appearances) or the effects of the law may be more subtle (what is or is not permitted, allowed, legal or not). You can consider the ways that you think about privacy, gun rights, taxes, voting, etc.
Paper #2 (15 points): Document Analysis/Translation (750-1250 words). Choose a legal or constitutional document that was assigned in this class and provide a detailed analysis of the significance of the document. As these documents are often very wordy and difficult to read fluidly, part of what you will be doing is an act of translation: pulling out the most important points and explaining them in clear and engaging English. If the document is lengthy — such as the Constitution of Massachusetts — you can choose a section to focus upon. You should incorporate additional course readings as relevant.
Paper #3 (20 points): Amicus Brief (1000-1500 words). For this paper, you will research a particular question of your choice (with legal and constitutional significance) and present a strong point of view, grounded in evidence and precedent. This paper requires you to develop and reinforce your information literacy skills. Part of your grade for this paper will incorporate “process assignments” that will help you develop a strong argument and locate and use appropriate evidence.
ASYNCHRONOUS ASSIGNMENTS (20 points): There are 11 asynchronous assignments and each one is worth 2 points, so you can skip one assignment or do all eleven for extra credit or to make up for missing a few points on some of the assignments.
4 of those asynchronous assignments are “What Happened to the Constitution this Month?”: At the end of each month of the semester, you will post an article that discusses an important constitutional development that occurred in the past month. You will summarize the article for your classmates and to discuss the broader ramifications of the topic.
If you read a newspaper regularly, you will have no problem finding articles. You also might find the following sites useful:
http://www.nytimes.com/column/sidebar
http://www.npr.org/sections/law/
https://twitter.com/NinaTotenberg?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor
This is also an exercise in information literacy and you will also explain where found the information and defend its trustworthiness and value. A great way to do that is to engage in “lateral reading.”
You can also subject your article to a “CRAAP” test (Currency, Relevance, Authority, Accuracy, and Purpose) if you like a more checklist approach.
The other 7 Asynchronous Assignments vary from week to week – instructions are listed in the syllabus and, where appropriate, more detailed instructions will be provided on Blackboard.
Oral Argument (5 points): You will present your research for your Amicus Brief (Paper #3) to the class. Your presentation should have a strong argumentative stance and point of view. We’ll be doing lots of informal presentations and discussion in class leading up to that point so you’ll be confident and comfortable doing this kind of presentation by the end of the semester.
TOTAL POINTS: 100
A note on deadlines: The deadlines for assignments are designed to balance work (yours and mine) over the course of the semester and to allow the material, skills, and information to build upon each other. They are not designed to be punitive. If you are having difficulty meeting a deadline, let me know, and we will work it out. I will not impose any penalties for lateness in this class.
SCHEDULE OF CLASSES AND ASSIGNMENTS
Orientation
WEEK ONE
January 19 Introductions
Class held over zoom: https://worcester.zoom.us/j/91974185044
Asynchronous Assignment: Due by 11:59pm on Friday, January 21st
PODCAST: Reveal, “Viral Lies” (54 minutes)
On the Blackboard discussion board, introduce yourself to the class: How do you make decisions about, for instance, covid vaccines, political candidates, or election results? (If any of those things are deeply personal issues that you don’t want to air publicly, you don’t need to and can talk about something else or just speak more generally. Also: a lot of this stuff isn’t conscious, so you might just reflect on who you go to for advice, how you use social media, etc.)
WEEK TWO
January 24 Watch the documentary film13th, Part One
Class held over zoom: https://worcester.zoom.us/j/91974185044
January 26 Watch the documentary film 13th, Part Two
Class held over zoom: https://worcester.zoom.us/j/91974185044
READING: Mariame Kaba, “The System Isn’t Broken,” We Do This Til They Free Us (Haymarket Books, 2021).
Asynchronous Assignment: Due by 11:59 on Friday, January 28th
What happened in the Constitution this month?
On the Blackboard discussion board, post a link to a news article (text, video, or audio) or attach a PDF of the article from January 2022 that relates in some way to the Constitutions of the United States or Massachusetts. Summarize the article, analyze why you think it’s important and/or interesting, and tell us why you think it comes from a valid and trustworthy source of information (or if it’s maybe not super trustworthy or valid, why you think it’s still important to engage with).
The Constitutions of US and Massachusetts: A User’s Guide
WEEK THREE
January 31 The Constitution: Breaking it Down
PODCAST: You’re Wrong About: The Electoral College (56 minutes)
February 2 The Process of Creation and Ratification
READING: Danielle Allen, “The Flawed Genius of the Constitution,” The Atlantic, October 2020.
Asynchronous Assignment: Due by 11:59pm on Friday, February 4th
The Constitution: Six Big Ideas
Using the Blackboard discussion board, choose one of the listed documents and connect to a specific part of the Constitution (article, section) and explain how it relates to one of the Six Big Ideas.
WEEK FOUR
February 7 The Bill of Rights
READING: Ken White, “Don’t Use These Free Speech Arguments Ever Again,” The Atlantic, August 22, 2019.
February 9 Easy Adjustment for Snow Day
Asynchronous Assignment: Due by 11:59pm on Friday, February 11th
A People’s Guide to the Bill of Rights
WEEK FIVE
February 14 Massachusetts’ Constitutional History
LISTEN: “Four Things Worth Knowing about the About the Massachusetts Constitution, Which is 236 [241] Years Old,” WGBH, June 21, 2016. (5 minutes)
READING: https://malegislature.gov/laws/constitution (skim, meaning familiarize yourself with what is included in the entirety of the Constitution, and find the 3 or 4 parts that you find particularly intriguing, interesting, or confusing and take the time to read them more carefully and thoroughly.)
February 16 Federalism, Massachusetts, and the Case of Gay Marriage
LISTEN: How Making History Unmade a Family, WGBH, May 16, 2019. (4 minutes)
READINGS:
“Same-Sex Marriage: Excerpts from the Massachusetts Ruling,” New York Times, November 19, 2003.
“State Ruling on Gay Marriage a Hit at Weddings,” Boston Globe, January 8, 2013.
“Why Massachusetts was So Important to Marriage Equality,” Time, November 18, 2013.
“Deciding the Same-Sex Marriage Question Obergefell v. Hodges,” Boston Magazine, April 30, 2015.
VIDEO: Supreme Court Strikes Down Same-Sex Marriage Ban (3 minutes)
No Asynchronous Assignment This Week
WEEK SIX
February 21 President’s Day – No Classes
Note: you may want to begin listening to Season One of the podcast This Land.
February 23 Paper #1 Writing Workshop
Asynchronous Assignment: Due by 11:59pm on Friday, February 25th
What happened in the Constitution this month?
On the Blackboard discussion board, post a link to a news article (text, video, or audio) or attach a PDF of the article from February 2022 that relates in some way to the Constitutions of the United States or Massachusetts. Summarize the article, analyze why you think it’s important and/or interesting, and tell us why you think it comes from a valid and trustworthy source of information (or if it’s maybe not super trustworthy or valid, why you think it’s still important to engage with).
Sunday, February 27th: Paper #1 is due
Do We the People Have Power?
WEEK SEVEN
February 28 It all comes back to the law
Class discussion and vote on topics for March 9, 21, 23 & 28
March 2 The Power of the Supreme Court: Discussion of “This Land”
We will be discussing the entirety of Season One of the podcast This Land, which is a little under 6 hours of total listening. The transcripts are also available if you prefer to read rather than listen.
Asynchronous Assignment: Due on by 11:59 pm on Friday, March 4th
Discussion of how the government works in small ways
READING: Ezra Klein, “Steve Bannon Is On To Something,”
PODCAST: “The Census Powwow.” (63 minutes)
WEEK EIGHT
March 7 Easy Adjustment for COVID-19 Sick Day
March 9 Topic TBD by classNo Asynchronous Assignment This Week
SPRING BREAK: March 14-18
WEEK NINE
March 21 Topic TBD by class
March 23 Topic TBD by class
Asynchronous Assignment: Due by 11:59pm on Friday, March 25th
What happened in the Constitution this month?
On the Blackboard discussion board, post a link to a news article (text, video, or audio) or attach a PDF of the article from March 2022 that relates in some way to the Constitutions of the United States or Massachusetts. Summarize the article, analyze why you think it’s important and/or interesting, and tell us why you think it comes from a valid and trustworthy source of information (or if it’s maybe not super trustworthy or valid, why you think it’s still important to engage with).
WEEK TEN
March 28 Topic TBD by class
March 30 Paper #2 Writing Workshop
No Asynchronous Assignment This Week
Paper #2 is due Sunday, April 3rd
Research Projects and Amicus Briefs
NOTE: Please bring a laptop or equivalent device to help with online research and writing to class for the remainder of the semester.
WEEK ELEVEN
April 4 What is an Amicus Brief?
READINGS:
April 6 Library Skills – Meet in LRC 236
Asynchronous Assignment: Due by 11:59pm, on Friday, April 8th
What topic are you planning to do for your amicus brief? What brought you to this topic? What do you feel confident about for this project? What’s on your to-do list?
WEEK TWELVE
April 11 From Topic to Argument
April 13 Arguments and Research Questions
No Asynchronous Assignment this Week
WEEK THIRTEEN
April 18 Patriot’s Day – No Classes
April 20 Finding Sources That Work
Asynchronous Assignment: Due by 11:59pm on Friday, April 22th
Give an update on your work so far on the Amicus Brief. How are you defining your argument? What sources have you found? What are the main points you will make? What work remains to be done?
WEEK FOURTEEN
April 25 Easy Adjustment for Mental Health Day
April 27 Oral Arguments
Asynchronous Assignment: Due by 11:59pm on Friday, April 29th
What happened in the Constitution this month?
On the Blackboard discussion board, post a link to a news article (text, video, or audio) or attach a PDF of the article from April 2022 that relates in some way to the Constitutions of the United States or Massachusetts. Summarize the article, analyze why you think it’s important and/or interesting, and tell us why you think it comes from a valid and trustworthy source of information (or if it’s maybe not super trustworthy or valid, why you think it’s still important to engage with).
WEEK FIFTEEN
May 2 Oral Arguments
Friday, May 6, 12:30pm, Paper #3, Amicus Brief is Due to Blackboard
"We the People" 