POLS 017. Civil Rights and the Courts (AP)

When drafting the Constitution, the founders thought that the courts would be the “least dangerous” branch of government. Yet, traditional wisdom suggests that courts have played a significant role in creating and enforcing civil rights. Moreover, recent developments on the Supreme Court suggest that the Court is exercising power in a relatively unconstrained way, departing from traditional principles like stare decisis. This course considers the ways in which case law and judicial politics have shaped civil rights in the United States. Specific topics of consideration include: levels of Constitutional scrutiny under the Equal Protection Clause, reproductive rights & substantive due process, the effects of the commerce clause on civil rights law, and statutory reforms like the Civil Rights Act of 1964 (including Title VII, the Fair Housing Act and Title IX) and the Americans with Disabilities Act. We will also discuss the ways that courts can curtail civil rights reforms through procedural rules and judicial norms like standing. This course does not presuppose prior legal knowledge; however, a basic understanding of the US federal government and federal powers will be useful.
Catalog chapter: Political Science
Department website: http://www.swarthmore.edu/political-science

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