Professor Barbara Welke
The Fourteenth Amendment and
the Rights Revolution
The Fourteenth Amendment to the U. S. Constitution was proposed in 1866 and ratified in 1868. It provides that all individuals born in the U. S. and subject to its jurisdiction or naturalized are citizens both of the U. S. and of the state in which they reside; that a state cannot abridge the "privileges and immunities of citizens," nor deprive any person, citizen and non-citizen alike, of "life, liberty, or property, without due process of law" or equal protection of the laws. But what have these guarantees meant in practice in American history? The vast expansion in federal protection of individual rights in the 20th century, including the principles that racially separate schools cannot be equal; one person, one vote; and the right to privacy, have rested on the Fourteenth Amendment's guarantees of due process and equal protection. But in the immediate wake of its passage and well into the 20th century, the Fourteenth Amendment protected economic interests far more than individual ones.
In this course, we will read, debate, place in historical context and learn through writing about landmark decisions of the U. S. Supreme Court interpreting the Fourteenth Amendment as we work to understand the fundamental role this one amendment has played in transforming the promise and experience of American citizenship.
Students are responsible for all assigned readings, regular class attendance, active participation in class discussions, and timely completion of all writing assignments. You should always bring your assigned readings to class because we will be referring to them.
The following texts and course packet (as well as web-linked documents) are required reading. You may purchase the books and course packet at the University Bookstore in Coffman Union.
J. Horwitz, The Warren Court and the Pursuit of Justice (New
York: Hill and Wang, 1998).
2. Richard Kluger, Simple Justice: The History of Brown v. Board of Education and Black America’s Struggle for Equality (New York: Vintage Books, 1977).
3. Anthony Lewis, Gideon’s Trumpet (New York: Vintage Books, 1989).
4. Course Packet. The bookstore generally does not make enough packets for every individual in a course because of the cost to them of unpurchased packets. If all the copies of the packet have sold before you get one, just request one and they will have it ready in 24 hours. This does mean though that you can’t wait until the last minute to get the packet.
Course Website: The most important source for the syllabus and schedule will be the course website at http://www.hist.umn.edu/~bywelke/H1907W.htm. It includes the syllabus, schedule, details of all assignments, announcements, and the web-links for on-line readings. You should consult it every week in advance of doing your course work.
For the hours and locations of all University computer labs, please contact Academic & Distributed Computing Services at http://www1.umn.edu/adcs/ or by phone at 612-625-6817.
Writing and History: An Important Introduction. This is a writing intensive course and, so, appropriately, a large portion of your grade will rest on the writing you do. Writing is important for two reasons here. One of the goals of our writing this term will be practicing the historians' craft. Historians rely heavily on written documents, as well as on material artifacts and oral history, to understand the past. Especially important for us this term will be legal documents: court opinions and transcripts from trials, lawyers’ arguments to courts, statutes, and the constitution itself. In turn, writing is critical to the historians' craft; historians communicate with one another and with the broader public through books, articles, and conference papers. We will be reading several books as well as articles by historians which will provide examples for us of how historians use primary historical sources to make a historical argument, that is, a reasoned and persuasive interpretation (often embedded in a good story) of a historical event or process.
A second, but related, goal of all the writing we will be doing this term is understanding. In fact, writing for our own understanding necessarily comes before writing to communicate. Much of the reading we will be doing this term will be challenging either (or both!) in terms of how the author expresses ideas or the ideas themselves. Legal opinions are often models of poor, rather than good, writing and we'll have to struggle through them. Moreover, many of the issues we will be addressing this term are emotional ones. Writing is, then, a tool for processing our own thinking. We learn what we think, in part, by trying to write about it.
To achieve these two goals, we will be doing several different kinds of writing this term, as follows:
Weekly Informal Writing (25%). Over many years of teaching I have discovered that informal writing assignments elicit some of the most thoughtful, engaged, insightful student reflection on the subjects of the class. This has led me to put credit where credit is due.
Each week, I will ask you to reflect on some aspect of the week’s readings. These assignments will take a variety of forms, including open-ended reflection where you chose the specific focus; thought letters in response to more specific questions, persuasive writing where I ask you to argue for a particular point of view, “meeting of the mind” dialogues between people with opposing views, reflection on a class discussion, etc. I am not especially concerned in this informal writing with mechanics (spelling, grammar, paragraph and sentence structure). These will be short assignments – not more than 1-2 pages. These assignments can be handwritten or typed (I generally assume 250 words to a typed page). What I am looking for in this writing is whether you are seeing complexities, delving into puzzles and problems, confronting inadequate explanations, interrogating the sources, and responding to them. The question I will be asking as I read what you have written is: “To what extent does this piece of writing reveal engaged thinking about this topic?”
Please write/type on three-hole punched paper so that you can turn in your writing at the end of class each week. I will evaluate these assignments using a minus/check/plus system. A minus indicates unsatisfactory work, a check indicates work that meets expectations, and a plus indicates strongly engaged, high-quality thinking or exploration. Remember, that the point of these assignments is not that you agree with whatever you think my or your classmates' ideas might be on a particular question, but that you are thinking in an engaged way with what you are reading. I will not accept late papers. If you're not in class, you will receive a "0" for the assignment.
I will return each week’s writing the next week. You should save all written work, so that as the semester progresses you can return to your earlier writing assignments both to refresh your memory and to consider how your ideas or thinking process may have changed over the course of the term.
Participation and In-Class Writing (25%). I will also be regularly asking you to do very brief (1 to 5 minutes) writing exercises in class. These may take the form of responding to a document we are using in class that was not part of the assigned readings, or constructing a debate, or thinking through a classmate's idea, or summing up the main point or points you learned in a class, or even questions you left class with that you hadn't had when you walked into class, or any of a number of other brief writing exercises. Form, in terms of writing mechanics, is not what's important. Rather, I'm asking you to think -- hard -- on paper. This thinking will add to our classroom discussions.
I have weighted class participation heavily because we will spend a good part of our classtime in discussion. Speaking can be as important a source of understanding as writing. You will learn more about what you think and even about what an author was trying to say by trying to explain those ideas orally to others. Moreover, listening to what your peers have to say can help you to clarify your own thinking. Finally, and frankly, class is simply a lot more fun if everyone contributes and you will find that time passes more quickly too when you are actively engaged in a class.
So, what does it mean to participate in class? It means, first, that you carefully read all assigned materials and thoughtfully complete the informal weekly writing assignment before class. From there, it means contributing your voice and your “reading” of assigned materials to the discussion. It means raising questions about readings, responding to questions I raise and to other students’ comments. It means respectfully listening to what a classmate has to say even when you strongly disagree with her or his point of view! It means offering your thoughts even when you think that many, some, all of your classmates will disagree with you. Diversity of viewpoints enriches the learning process and is at the heart of both the university community and our democracy.
Short Reflective Essay (10%). This short essay (3-5 pages) will ask you to reflect carefully on the readings for two weeks in the term and reflect on how they connect to the general themes of the course. In the second week of the course, I will ask you to commit to a specific week. I will provide more details on this assignment on the Assignment page web-link early in the term.
Research Paper: Cases in Context (40%). I have provided the details of this assignment on the Assignment page web-link. Briefly, this paper is intended to give you the opportunity to focus on the historical context of a single Fourteenth Amendment case of specific interest to you and to share what you learn with the class as a whole. This is an 8-10 page research paper.
I follow University-wide grading standards, which are:
IMPORTANT CLASSROOM & UNIVERSITY POLICIES & SERVICES
Creating an environment that fosters learning for every student is essential to the mission of the University. It is my mission too. Below I have outlined the policies and services that are most important to building and sustaining a learning community for this class in which every student is asked to do their best work supported by services and rules to help make that happen. Some of the University policies noted below are matters of federal law. They can sound like just so much legal boiler-plate. It's important for you to know that behind that legal language is real meaning for the University, for me as a teacher and scholar, and for you as a student.
DISAGREEMENT AND UNDERSTANDING: We will be reading about and discussing topics this term which touch some of our most deeply held beliefs and about which members of our classroom community may well profoundly disagree. They include abortion, sexuality, even the meaning of equality. What is important to remember as we read and as we debate in class is that disagreement and dissent are as fundamental to the life of a university as they are to a democratic society. I value that diversity and I ask you to value it as well. It can sometimes make learning less comfortable, but it can also make it more engaged, meaningful, and even fun. In all, I think it makes us think more deeply and gives us practice in the kind of debate that lies at the heart of a democratic society.
ACADEMIC INTEGRITY: Academic integrity is also a key element in a positive teaching and learning environment. The University expects, as do I, that all students enrolled in courses will complete coursework with fairness and honesty. For most students academic integrity is a given. In fairness to them, it must be a given for all students. The University Student Conduct Code defines scholastic dishonesty as submission of false records of academic achievement; cheating on assignments or exams; plagiarizing; altering, forging, or misusing a University academic record; taking, acquiring, or using test materials without faculty permission; acting alone or in cooperation with another to falsify records or to obtain dishonestly grades, honors, awards, or professional endorsement. In the context of this course, the most important elements of the University policy relate to plagiarism and interfering with another student's access to course/research materials. I know that plagiarism is especially something about which students are sometimes confused, so we'll go over what it means in class. I will follow the policy of the College of Liberal Arts of giving a failing grade for any plagiarized assignments. A second offense would result in a failing course grade. For more information on academic conduct, contact the Office of Student Academic Integrity107 Eddy Hall (612-625-5900).
EQUAL OPPORTUNITY: Diversity in persons as well as viewpoints makes for a richer learning environment. The University of Minnesota is committed to the policy that all persons shall have equal access to its programs, facilities, and employment without regard to race, religion, color, sex, national origin, handicap, age, veteran status, or sexual orientation. For further information, contact the Office of Equal Opportunity and Affirmative Action in 419 Morrill Hall (612-624-9547).
DISABILITIES: It is important to the University that every student, regardless of disability, be provided with the tools that will make the University a productive learning environment. Please let me know if this may apply to you. You should also contact Disability Services which is part of the Office for Multicultural and Academic Affairs.
SEXUAL HARASSMENT: Another element of equal opportunity is the right to a learning environment free from sexual harassment. It is the right of every student to a learning environment free from unwelcome sexual advances/demands, sexual conduct, and sexual suggestion. As a faculty member, I, as well as other University supervisors and administrators, am both legally and ethically obligated to take appropriate action to prevent sexual harassment. For further information, contact the Office of Equal Opportunity and Affirmative Action in 419 Morrill Hall (624-9547).