Maricopa Community Colleges  POS222   19946-99999 
Official Course Description: MCCCD Approval: 05/24/94
POS222 19946-99999 LEC 2 Credit(s) 2 Period(s)
U.S. Constitution
Examination of the United States Constitution. Equivalent to the first part of POS220. May not enroll in POS220 and POS222 concurrently. Prerequisites: None.
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MCCCD Official Course Competencies:
 
POS222   19946-99999 U.S. Constitution
1. Identify the shortcomings of the Articles of Confederation and explain how our current Constitution was intended to remedy each. (I)
2. Explain the founders' application of the principles of federalism, separation of power, republicanism, and constitutional protections of civil liberties in terms of their fear of potential governmental abuse of authority. (I)
3. Describe the founders' reasons for creating a republican rather than a more purely democratic form of government. (I)
4. Explain the importance of Marbury v. Madison and the constitutional role of the courts. (I)
5. Describe the increased frequency with which the post World War II Court has employed its authority of judicial review to reinterpret the Constitution, and identify and explain the political controversy which has followed. (I)
6. Describe the constitutional and political limitations on the Court's powers. (I)
7. Explain how the bicameral organization of Congress is rooted in compromise between the large and small states at the Constitutional Convention. (II)
8. Identify the vast array of legislative and economic powers which are explicitly granted to the Congress in Article I. (II)
9. Explain how the Court's ruling in McCullock v. Maryland broadly expanded Congress's authority. (II)
10. Identify the explicit limitations on Congress's power included in Article I. (II)
11. Explain the evolution of writs of habeas corpus as the tool the courts chose to nationalize the Bill of Rights. (II)
12. Explain the process of presidential election, including the role of: political parties, winner-take-all state elections, and the electoral college. (II)
13. Compare and contrast the vast difference between the foreign affairs and domestic powers granted to the president in Article II. (II)
14. Describe the modern struggle between the President and the Congress over the distribution of the "war powers", and explain the Court's position on this controversy. (II)
15. Explain the constitutional restrictions on the relationships between states, and between states and citizens of other states. (II)
16. Explain the procedures for amending the Constitution. (II)
17. Explain how the Bill of Rights was born of the politics of ratification in 1790. (III)
18. Provide a constitutional definition of civil liberties. (III)
19. Explain how the 19th century Court created, and then preserved, a "dual citizenship" interpretation of the Bill of Rights. (III)
20. Describe the ruling which establishes the constitutional separation between church and state. (III)
21. Explain the difference between constitutional protection of religious belief and practice. (III)
22. Describe the emphasis which the Court has placed on limiting any governmental regulation of "political speech." (III)
23. Identify and explain the "constitutional" limitations on speech. (III)
24. Define the exclusionary rule, and describe its role in nationalizing the Bill of Rights. (III)
25. Define the difference between substantive and procedural due process. (III)
26. Explain how the doctrine of substantive due process has expanded the scope of the Supreme Court's power. (III)
27. Define eminent domain. (III)
28. Describe the constitutional conflict over the definition and consequences of "regulatory takings." (III)
29. Define civil rights. (IV)
30. Describe the constitutional consequences of the Court's redefinition of equality in Brown v. the Board of Education. (IV)
31. Define affirmative action. (IV)
32. Explain the rationale behind affirmative action programs which benefit the "victims" of historic discrimination. (IV)
33. Describe the constitutional controversy surrounding affirmative action. (IV)
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MCCCD Official Course Outline:
 
POS222   19946-99999 U.S. Constitution
    I. U.S. Constitution: an historical and conceptual framework
        A. Historical overview: from Articles of Confederation to ratification of a new constitution
        B. The defining political principles of the U.S. Constitution
          1. Republican vs. democratic form of government
          2. Federalism
          3. Separation of powers and checks and balances
          4. Constitutional protection of civil liberties
        C. The Supreme Court and the Constitution
          1. Judicial review
          2. Doctrine of political questions
      II. Articles I through VII
          A. Article I: the legislative power
            1. Economic powers of Congress
            2. Military powers of Congress
            3. Presidential veto
            4. Limitations on congressional power: habeas corpus yes, ex post facto and bill of attainder no
          B. Article II
            1. Foreign affairs presidency
            2. Struggle between the president and the congress over "war powers' and foreign policy
            3. Domestic presidency
            4. Evolution of American government: from congressional to presidential dominance
            5. Explanation of the process of presidential election
          C. Article IV
            1. Full faith and credit
            2. Privileges and immunities
            3. Interstate redition
            4. Admission of new states
          D. Article V: the formal amending procedure: the Constitution as a living document
          E. Articles VI and VII: national supremacy and ratification
        III. Bill of Rights and civil liberties
            A. From dual citizenship to the nationalization of the Bill of Rights
            B. First Amendment
              1. Freedom of religion: separation of church and state
              2. Freedom of speech: special protection of political speech
              3. Protecting political rights: freedom of the press, freedom of assembly, freedom to petition government
            C. Procedural restraints on police power
              1. Exclusionary rule: court's tool for nationalizing the Bill of Rights
              2. Fourth Amendment: restraint on search and seizure
              3. Fifth Amendment: guarantees of due process and limitations on power of eminent domain
              4. Sixth Amendment: restraints on judicial power
          IV. Fourteenth Amendment and civil rights
              A. Brown v. the Board of Education: redefining equality and the constitutional obligation of the national government to protect and promote equality
              B. Affirmative action and the Constitution
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