Constitutional Law

501. A study of the allocation of governmental authority and the limitations on that authority as defined by the United States Constitution. The course will deal with the problems of defining the scope of federal power, the relationship between the federal government and the states, the scope of state authority, and the rights of individuals with an emphasis on those rights guaranteed by the Due Process and Equal Protection Clauses of the Constitution.

Required Reading Fall 2011:

Sullivan and Gunther, Constitutional Law, 17th Edition, 2010, Foundation Press, ISBN: 978-1-59941-752-3

Make-Up Classes:

There will be no Constitutional Law make-up class on Tuesday, November 29.

Recorded Classes:

For students who were not able to attend class on Tuesday, November 15, a recording of the class is available here.

For students who were not able to attend class on Tuesday, October 11, a recording of the class is available here

For students who were not able to attend class on Thursday, September 29, a recording of the class is available here.

Syllabus

Questions Before Class

Newly Posted Material

Constitutional Law Review

Answers to Student Questions (last updated on December 5 at 8 p.m.)

Due Process Review Question

Due Process Review Question Grading Sheet

Equal Protection Review Question

Equal Protection Review Question Grading Sheet

Equal Protection/Due Process Review Question

Equal Protection/Due Process Review Question Grading Sheet

2011 Additional Assigned Course Materials:

Baldwin v. Montana Fish & Game Commission (defining privileges and immunites under Article IV, Section 2)

Steps in Constitutional Analysis

Johnson v. California

Other Course Materials

Standards of Review

Yick Wo v. Hopkins Ordinance

Equal Protection Questions (Assignment 20)

Argument Types - Fundamental vs. Nonfundamental Rights

Substantive Due Process Chart

Substantive Due Process Chart (with undue burden)

Federal Partial Birth Abortion Ban Act of 2003 (operative sections)

Federal Partial Birth Abortion Ban Act of 2003 (entire statute)

Various Explanations of the Impact of the Undue Burden Test

Fragmented Decisions

Due Process Chart - Older Lochner Approach vs. Newer Deferential Approach

Privileges and Immunities Clauses

Joint Select Committee on Deficit Reduction

Separation of Power Approaches

Preemption Hypotheticals

Types of Preemption Analysis

Dormant Commerce Clause vs. Privileges and Immunities Clause Quiz

Chart Comparing Dormant Commerce Clause and Privileges & Immunities Clause

Privileges and Immunities Clause (Preliminary Hurdles and Standard of Review)

Articles of Confederation Article IV

Dormant Commerce Clause Hypotheticals

Categories of Dormant Commerce Clause Cases

Dormant Commerce Clause Standards

Balancing Scale

Ti Plant

Obama Administration Petition for Supreme Court Review of Individual Mandate

State Autonomy and Federal Spending Power Hypotheticals

Spending Power Test

Commerce Power Quiz

Commerce Power Chart

Lopez Excerpt

Heart of Atlanta Motel

Ollie's Original Menu

Roscoe Filburn

NLRA Images

Gibbons Graphic

Johnson Hypotheticals

Johnson Standards

Marbury Constitutional Provisions

Marbury Conflicting Provisions

Examinations, Answer Sheets, Model Answers and Exam Review Material

Studying and Taking the Constitutional Law Exam

Improving Your Exam Performance

Constitutional Law Review

Answers to Student Questions (last updated on December 5 at 8 p.m.)

Sample Exam Questions - First Half of Course

Answers to Sample Exam Questions - First Half of Course

Due Process Review Question

Due Process Review Question Grading Sheet (welfare reform question)

Equal Protection Review Question (scholarship program)

Equal Protection Review Question Grading Sheet

Equal Protection/Due Process Review Question (custody case)

Equal Protection/Due Process Review Question Grading Sheet

Past Examinations and Answer Sheets

Model Answer for Spring, 2010 Exam

Model Answer for Spring, 2004 Exam

Supreme Court Watch

M.B.Z. v. Clinton (political question doctrine and President's power to recognize foreign sovereigns arising in context of power to record birthplace on a passport)

Related Links:

United States Constitution

Federalist Papers

Link to Founding Documents

http://www.oyez.org

http://www.supremecourt.gov/

SCOTUSblog

Scotus Wiki

http://www.law.cornell.edu/supct/index.html

http://www.supremecourthistory.org

http://www.washingtonpost.com/wp-dyn/nation/courts/supremecourt/