PLA 3885 - United States Constitutional Law

College of Policy, Ethics and Legal Studies

Credit(s): 3
Contact Hours: 47
Effective Term Fall 2020 (580)

Requisites

(Admission to Paralegal Studies (Bachelor of Applied Science) (LEGAL-BAS) and
Pre- or Co-requisite PLA 2114) or
Admission to Public Policy and Administration (Bachelor of Science) (PPA-BS)

Course Description

This course is developed both topically and historically to approach the judicial review process, the doctrine of implied powers, the three branches of power, substantive due process along with equal protection, civil rights, free speech and religion.

Learning Outcomes and Objectives

  1. The student will demonstrate an understanding of the three branches of government as outlined in the U.S. Constitution by:
    1. identifying and describing the jurisdiction, powers and limitations of the federal branch of the judiciary;
    2. identifying and describing the enumerated and implied powers and limits of the federal legislative branch (i.e., the commerce clause, war powers, etc.); and
    3. identifying and describing the powers and privileges of the federal executive branch.
  2. The student will demonstrate an understanding of the federal system and powers by:
    1. explaining the principles of the privileges and immunities clause, intergovernmental tax and regulation immunities, and inter-sovereign litigation.explaining the principles of the privileges and immunities clause
  3. The student will demonstrate an understanding of state police powers and their limitations by:
    1. describing the power of states to regulate intrastate commerce.
    2. describing the limits on a state to regulate interstate commerce and to engage in economic isolationism.
    3. defining when a state may engage in discriminatory behavior.
    4. describing the limits of state power to tax interstate commerce.
  4. The student will demonstrate an understanding of an individual’s constitutional guarantees against governmental and private action by:
    1. explaining constitutional restrictions on the power of the government over individuals.
    2. defining and explaining the state action requirement for finding a constitutional rights violation.
    3. defining and explaining concepts of retroactive legislation, the contracts clause, ex post facto laws, and bills of attainder.
    4. describing the right of procedural due process and access to the courts.
    5. describing the right to substantive due process and standards of judicial review.
    6. describing the takings clause.
    7. identifying and explaining equal protection and the three standards of scrutiny (strict, intermediate, and rational basis).
  5. The student will demonstrate an understanding of the freedoms guaranteed by the first amendment and other fundamental rights guaranteed by the U.S. Constitution by:
    1. identifying and defining prior restraints, content-neutral, and content-based speech restrictions.
    2. discussing the scope of speech and freedom of the press.
    3. describing the right to freedom of association and belief.
    4. defining and discussing the free exercise clause and the establishment clause.
    5. discussing the right to vote, right to travel, and right of privacy.

Criteria Performance Standard

Upon successful completion of the course the student will, with a minimum of 70% accuracy, demonstrate mastery of each of the above stated objectives through classroom measures developed by individual course instructors.

History of Changes

C&I 4/25/06, BOT 6/20/06, Eff 20061(0370). Was 3880; changed by State Field Review Effective 20101(0430). C&I 6/8/2010, BOT 7/22/2010, Effective 20101(0430). C&I 12/7/2010, BOT 2/22/2011 as FYI, Effective 20102(0435). C&I Approval: 12/07/2010, BOT Approval: 02/22/2011, Effective Term: Spring 2011 (435).
C&I Approval: , BOT Approval: , Effective Term: Fall 2020 (580)

Related Programs

  1. Paralegal Studies (LEGAL-BAS) (640) (Active)
  2. Public Policy and Administration (PPA-BS) (640) (Active)