MVV393K The U.S. Supreme Court and Contemporary American Divisions

Faculty of Law
Spring 2024
Extent and Intensity
0/1/0. 3 credit(s). Type of Completion: k (colloquium).
Taught in person.
Teacher(s)
Paul Von Blum (seminar tutor), doc. JUDr. Ing. Michal Radvan, Ph.D. (deputy)
doc. JUDr. Ing. Michal Radvan, Ph.D. (seminar tutor)
Guaranteed by
doc. JUDr. Ing. Michal Radvan, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV393K/01: Mon 18. 3. 16:00–17:40 041, Tue 19. 3. 12:00–13:40 041, 14:00–15:40 041, Wed 20. 3. 12:00–13:40 041, 14:00–15:40 041, Thu 21. 3. 16:00–17:40 041, P. Von Blum
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 47/30, only registered: 3/30
fields of study / plans the course is directly associated with
there are 60 fields of study the course is directly associated with, display
Course objectives
For several decades, Americans have radically divided politically, socially, racially, and morally. These divisions can be properly described as tribal and many people are so entrenched in their groups that even basic conversations are almost impossible. Even mass media outlets are specifically directed to specific groups. During this time, the United States Supreme Court, the highest legal authority in the nation, has been a major institutional force in creating and perpetuating this tribal arrangement. This course will cover three of the most significant and controversial areas where the Court has been responsible for these divisions: 1. guns, 2. race, and 3. reproductive rights. Historical context about the role of the Supreme Court and how its decisions affect public attitudes and actions will be provided at the outset. This is an interdisciplinary law/social science class that uses legal decisions (all available online) to examine history, politics, sociology, psychology, and ethnic and gender studies.
Syllabus
  • GUNS
  • America is known throughout the world as a land of firearms. Approximately 400 million legal and illegal guns are owned in the United States. It is also a place where, tragically, mass murders occur regularly, often with assault weapons. The horrific massacre in Lewiston, Maine in October 2023 was the 36th mass killing that year. In 2008, The Supreme Court held that the Second Amendment of the U.S. Constitution (A well regulated militia, being necessary to the security of a free state, the right to keep and bear arms, shall not be infringed) guaranteed that the right was an individual right. Students will read District of Columbia v. Heller, focusing on both the majority and dissenting opinions. The dissenting opinion arguing that the Amendment should only be a collective right (a militia) that does not guarantee individuals the right to bear arms and own guns. We will discuss the powerful tribal divisions on this topic in America, focusing especially on its historical, political, and psychological dimensions of gun ownership and use in America.
  • RACE
  • Race has been contentious even before America became independent in 1776. The modern civil rights movement from the mid 1950 to the early 1970s created major advances for African Americans and other minority groups, including legal progress in the courts, especially at the Supreme Court. But more recently, a more conservative Supreme Court has reversed this progress. A major decision was Shelby County v. Holder in 2013, which held major portions of the Voting Rights Act of 1965 unconstitutional. This case halted and reversed Black voting rights in America and created substantial racial tension throughout the country. Other Supreme Court decisions on race, especially on affirmative action, also negatively affected minority communities. Students will read the Heller decision and I will provide background on other relevant Supreme Court cases addressing American racial issues. We will discuss these decisions in their broad social, historical, and psychological contexts, with particular attention to how they cause and aggravate racial tensions and reduce the opportunities for racial harmony and cooperation.
  • REPRODUCTIVE RIGHTS
  • Women have always sought to control their own bodies. Throughout most of U.S. history, abortion was illegal. Women nevertheless obtained abortions illegally, but there were serious dangers. Thousands of women died as a result of illegal abortions and other thousands were seriously injured, sometimes permanently. In 1973, the Supreme Court in Roe v. Wade made abortion legal as a matter of constitutional right in all 50 states and expanded abortion access. This decision divided America into groups, some enthusiastically praising then decision and some bitterly opposing it (“pro-choice” vs. “pro-life”). In 2022, the Supreme Court narrowly overruled Roe v. Wade in Dobbs v. Jackson Women’s Health Organization, which students will read. That decision set off a political firestorm, generating mass protests throughout the land and legislation and elections that both restricted abortion access. It has had profound and sometimes devastating human consequences and I will begin the unit with some concrete examples. The issue is now decided in each of the individual 50 states. I will also provide a brief history of abortion in America. including This class unit will predominantly discuss how the Dobbs decision has intensified tribal divisions and how this controversy is a crucial feature of contemporary American political, social, emotional, and moral life.
Teaching methods
As in previous classes taught by the instructor, vigorous and regular discussion from students will be the norm.
Assessment methods
1. ATTENDANCE: Students are expected to be present for all the sessions, on time, and above all, to actively participate in class discussions.
2. ASSIGNMENTS FOR CLASSES: The readings are the three Supreme Court cases specified in the description above.
3. FINAL ESSAY: This will be specified in greater detail once the course begins. Students will choose any topic relevant to the discussed course themes and submit a final essay in class during the final session.
Language of instruction
English
Further Comments
Study Materials
The course is taught only once.
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