There is no required
casebook.
For students with strong interests in constitutional law, a suggested
reference for this course (as well as for Constitutional Law II and
First Amendment Law) is Constitutional Law (8th Ed., 2009) by
Nowak and
Rotunda. Nowak's and Rotunda's book is a traditional
hornbook
in the West series. I. INTRODUCTION AND HISTORY OF THE CONSTITUTION TOPIC 1: The Nature and Structure of the Constitution
We will also in this session to consider the role of the United States Supreme Court in American government. Read materials on the SUPREME COURT IN THE AMERICAN SYSTEM page. We will discuss how the Court decides what cases to take, and how it decides the ones that it does accept. We will discuss the cert process, the briefing process, oral argument, Supreme Court conferences, and the preparation and significance of majority, concurring, and dissenting opinions. We will also discuss briefly the make-up of the current Supreme Court and the process of nominating and confirming Supreme Court justices. II. JUDICIAL REVIEW AND THEORIES OF CONSTITUTIONAL INTERPRETATION TOPIC 4: The Origins and Scope of Judicial Review
Read the THEORIES OF CONSTITUTIONAL INTERPRETATION page on the website, including the case Marsh v. Chambers and Griswold v. Connecticut. We will discuss the very different approaches to interpretion reflected in those two cases.III. THE BILL OF RIGHTS TOPIC 6: Introduction to the History
and
Significance of the Bill of Rights Read
materials on
the INTRODUCTION
TO THE BILL OF RIGHTS to the adoption
of the Bill of Rights. What were the principal objections of the
Anti-Federalists to the Constitution? How were those objections
countered?
Compare Madison's original proposal for a Bill of Rights with the
amendments
actually adopted. Examine the debates in the House and Senate
concerning
the proposed Bill of Rights. What were the principal arguments
for
and against adoption of the Bill of Rights? Think about the
questions asked on the website and read Barron v Baltimore.
TOPIC 7: The Incorporation Debate Read the INCORPORATION DEBATE page on the website, including the three cases we will discuss: The Slaughter-House Cases, Adamson v. California, Duncan v. Louisiana, and McDonald v Chicago.TOPIC 8: The Free Speech Clause--An Introduction & The Free Speech Rights of Students Read the INTRODUCTION TO FREE SPEECH page on the website. We will discuss general approaches courts might take to evaluating restrictions on speech imposed by government. Read also the FREE SPEECH RIGHTS OF STUDENTS page on the website. Our principal cases will include: Tinker v Des Moines, Bethel v Fraser, Hazelwood v Kuhlmeier, and Morse v Frederick.TOPIC 9: The Right to Bear Arms Read
the RIGHT TO BEAR ARMS
page
on the website. Our principal cases will include United
States v Miller, District
of Columbia v Heller, and McDonald v Chicago.
TOPIC 10: The Fourth Amendment -- Unreasonable Searches of Students
TOPIC 11: Cruel and Unusual Punishment Under the Eighth Amendment Read
the CRUEL
AND UNUSUAL PUNISHMENT page on the
website.
Our principal cases will be Francis v Resweber, Ingraham v
Wright, Furman v Georgia (use "Death Penalty : Cases and
Materials" link to find), Hudson v McMillan, and Roper v Simmons.
Note that we will NOT discuss Harmelin v Michigan.
IV. THE FOURTEENTH AMENDMENT: SUBSTANTIVE DUE PROCESS TOPIC 12: Substantive Due Process--Is There a Liberty of Contract? Read the LIBERTY OF CONTRACT page on the website. Our principal cases will be Lochner v New York, Nebbia v New York, and Williamson v Lee Optical.TOPIC 13: The Right to Privacy Read the RIGHT TO PRIVACY page on the website. Our principal cases will Meyer v Nebraska, Ravin v State, Kelley v Johnson, Lawrence v Texas, and Cruzan v Missouri Department of Health. We will also consider how two previously discussed cases, Griswold v Connecticut and Stanley v Georgia, fit into the development of the privacy doctrine. (This topic might take most of two sessions to cover.)TOPIC 14: The Right to Abortion Read the RIGHT TO ABORTIONS page on the website. Our principal cases will be Roe v Wade and Planned Parenthood v Casey.V. THE FOURTEENTH AMENDMENT: EQUAL PROTECTION TOPIC 15: Levels of Scrutiny Under the Equal Protection Clause Read the LEVELS OF SCRUTINY UNDER THE EQUAL PROTECTION CLAUSE page on the website. Our principal cases will be Railway Express v New York, Kotch v River Port Pilot Commissioners, Skinner v Oklahoma, Korematsu v United States, and Loving v Virginia.TOPIC 16: Seperate But Equal Education Read the SEPERATE BUT EQUAL EDUCATION page on the website. Our principal cases will be Plessy v Ferguson, Missouri ex rel. Gaines v Canada, Brown v Board of Education, Brown v Board of Education (II), and Griffin v School Board of Prince Edward County.TOPIC 17: Proving Unconstitutional Discrimination Read the PROVING UNCONSTITUTIONAL DISCRIMINATION page on the website. Our prinicipal cases will be Yick Wo v Hopkins, Washington v Davis, Arlington Heights v Metropolitan Housing Authority, and Batson v Kentucky.TOPIC 18: The Proposed Equal Rights Amendment & Gender-Based Classifications Read the EQUAL RIGHTS AMENDMENT page on the website. Our principal cases will be Craig v Boren and Michael M v Superior Court. Study the language of the proposed E. R. A. How would have its adoption affected analysis of gender classification?TOPIC 19: Gender Equality in the Schools Read the GENDER EQUALITY IN THE SCHOOLS page on the website. Our principal cases will be Mississippi Univ. for Women v Hogan and United States v Virginia.TOPIC 20: Affirmative Action Read the AFFIRMATIVE ACTION page on the website. Our principal cases will be Regents of the University of California v Bakke, Grutter v Bollinger, Parents Involved v Seattle, and Richmond v J. R. Croson.TOPIC 21: Aliengage Classifications Read the RIGHTS OF NON-CITIZENS UNDER THE EQUAL PROTECTION CLAUSE page on the website. Our principal cases will be Graham v Richardson, In Re Griffiths, Ambach v Norwick, Bernal v Fainter, and Matthews v Diaz.TOPIC 22: The Rational Basis Test "with Bite" Read the SHOULD THE RATIONAL BASIS TEST HAVE BITE? page on the website. Our principal cases will be Plyler v Doe, Cleburne v Cleburne Living Center, and Romer v Evans.TOPIC 23: The "Fundamental Rights" Strand of Equal Protection Law: The Right to Vote and the Right to Education Read
the EQUAL PROTECTION AND FUNDAMENTAL RIGHTS
page on the website. Our
principal
cases will be Reynolds v Sims, Kramer v Union Free School District,
Bush v Gore,
M.L.B. v S.L.J, and San Antonio Independent School District v Rodriquez. VI. THE FOURTEENTH AMENDMENT: PROCEDURAL DUE PROCESS TOPIC 24: Procedural Due Process Read the PROCEDURAL DUE PROCESS page on the website. Our principal cases will be Board v Roth, Wisconsin v Constantineau, Paul v Davis, Vitek v Jones, Mackey v Montrym, Cleveland Board of Ed. v Loudermill, and Board of Curators of the University of Missouri v Horowitz. TOPIC 25: The Government's Duty to Protect Lives Under the Due Process Clause (both substantive and procedural) Read the THE
GOVERNMENT'S DUTY TO PROTECT LIVES UNDER THE DUE PROCESS CLAUSE
page on the
website.
Our principal cases will be DeShaney v Winnebago Dep't of Social
Service, Estate of Sinthasomphone v Milwaukee,
and Castle Rock v Gonzales.
VII. STATE ACTION TOPIC 26: Racial Discrimination and the State Action Requirement Read the RACIAL DISCRIMINATION AND THE STATE ACTION REQUIREMENT page on the website. Our principal cases will be Evans v Newton, Evans v Abney, Shelley v Kraemer, Burton v Wilmington, Moose Lodge v Irvin, and Edmonson v Leesville Concrete.VIII. REVIEW TOPIC 27: Review See TOPICS FOR STUDY on the website. You should also look at SAMPLE EXAMS and SAMPLE MULTIPLE CHOICE QUESTIONS. |