Con Law I Syllabus 2007

Professor Linder

CONSTITUTIONAL LAW I
Winter Semester, 2008
Course Syllabus

There is no required casebook. Recommended references for the course are American Constitutional Law by Tribe (3rd Ed.) and Constitutional Law (7th Ed., 2004) by Nowak and Rotunda. The Tribe two-volume set is the more provocative and interesting of the two sources. Nowak's and Rotunda's book is a traditional hornbook in the West series.
Less expensive soft cover recommendations include Constitutional Law: Individual Rights (3rd Ed.) by Ides and May (ASPEN Publishers). and Questions & Answers: Constitutional Law (2nd Ed.)(LexisNexis).

I. INTRODUCTION AND HISTORY OF THE CONSTITUTION

TOPIC 1: The Nature and Structure of the Constitution

Our first discussion will be based on the page, "INTRODUCTION TO THE STUDY OF CONSTITUTIONAL LAW." Read the Constitution. Identify those provisions, if any, that confer power on: (1) the federal government, (2) the states, and (3) private individuals. Identify those provisions, if any, that limit the power of: (1) the federal government, (2) the states, and (3) private individuals. Are there provisions that seem to have little to do with issues of power? What are the purposes of the provisions unrelated to power allocation? Based on the text and structure of the Constitution, what seem to be its primary purposes?

TOPIC 2: Early Constitutional History: The Constitutional Convention of 1787 and Ratification of the Constitution, and the Origins of the Bill of Rights

Our discussion will be based on the page, THE CONSTITUTIONAL CONVENTION OF 1787. Read "A More Perfect Union: The Creation of the U. S. Constitution" at the Libray of Congress website. The account can be accessed by clicking on the appropriate link (note that the essay includes several linked pages). You also might wish to read

"The 200th Reunion of Delegates to the Constitutional Convention" (this piece need not be read for detail).

You should also spend some time exploring the other links posted on the page. Be ready to discuss the following questions: Why was a Constitutional Convention necessary? Who were the delegates? What sorts of interests did they represent? What were some of the critical compromises reached in Philadelphia? What major issues were left unresolved?

TOPIC 3: The Role of the Supreme Court in American Government

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 POWER OF JUDICIAL REVIEW page on the website, including the case that will be the primary focus of our discussion, Marbury v. Madison.

TOPIC 5: Theories of Constitutional Interpretation

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, and Duncan v. Louisiana.

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 and case pending before the Supreme Court of District of Columbia v Heller (decided below as Parker v District of Columbia).

TOPIC 10: The Fourth Amendment -- Unreasonable Searches of Students

Read the STUDENT SEARCHES page on the website. Our principal cases will be New Jersey v. T.L.O. , Acton v. Veronia, and Bd. of Education v Earls.

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.

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, Griswold v Connecticut, Stanley v Georgia, Ravin v State, Kelley v Johnson, Cruzan v Missouri Department of Health, and Lawrence v Texas. (This topic will probably take 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 and Armed Forces

Read the GENDER EQUALITY IN THE SCHOOLS AND ARMED FORCES page on the website. Our principal cases will be Mississippi Univ. for Women v Hogan, United States v Virginia, and Rostker v Goldberg.

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, 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, 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.

VII. STATE ACTION

TOPIC 25: 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 26: Review

See TOPICS FOR STUDY on the website. You should also look at SAMPLE EXAMS and SAMPLE MULTIPLE CHOICE QUESTIONS.

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