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Note: As stated in the syllabus, the exam is a closed book exam. This means completely closed book. You cannot bring any material with you to the examination to consult while working on the exam.

In addition to the assignments described below, your preparation should include answering the Questions Before Class  for these 3 assignments. The assignments and other course information is available on the course webpage at http://www.wneclaw.com/conlaw/conlaw.html.

1. January 10 - Introduction to Judicial Review and the Constitution

Read casebook pages 1-15 (Marbury v. Madison and material on the background and meaning of Marbury).

If you have not yet been able to purchase the casebook, Marbury v. Madison is available online (pages 1 - top of page 9), but this version does not include the notes after the case (pages 9-15) on the background and meaning of Marbury.

2. January 11 -  Introduction to the Limits on Government Power and the Methodology of Constitutional Analysis

Steps In Constitutional Analysis
Johnson v. California, 125 S. Ct. 1141 (2005)

3. January 15 - Introduction to Federalism

Pages 60-76 (McCulloch v. Maryland and material on the background and meaning of the McCulloch decision).



Fall 2012 Syllabus

Questions Before Class Fall 2012

Newly Posted Exam Review Material:

Constitutional Law Course Review Fall 2012

Answers to Student Questions (last updated 11/29 at 1 p.m.)

General Exam Review Material

Studying for and Taking the Constitutional Law Exam

Grading Sheets and Grading

Improving Your Exam Performance

Substantive Course Review Material

Constitutional Law Course Review 2012

State Autonomy Review 2013

Due Process Review 2012

Equal Protection Review 2012

Review of Commerce Clause (power of Congress to regulate interstate commerce)

Preemption Review

Review of Preemption, Dormant Commerce Clause, and Article IV Privileges and Immunities Clause


Sample Exam Questions and Answers
 

Equal Protection Review Question

Equal Protection Review Question Grading Sheet

Equal Protection/Due Process Review Question

Equal Protection/Due Process Review Question Grading Sheet

Due Process Review Question

Due Process Review Question Grading Sheet

Due Process In-Class Exam Question

Due Process In-Class Exam Grading Sheet

Sample Exam Questions - First Half of Course

Answers to Sample Exam Questions - First Half of Course

Answer to Question One

Answer to Question Five

Due Process Review Question Grading Sheet (welfare reform question)

Equal Protection Review Question (scholarship program)

Equal Protection/Due Process Review Question (custody case)

Sample Commerce Clause/State Autonomy Question (Review Question 3)


Other Course Materials

Equal Protection Standards

Yick Wo v. Hopkins Ordinance

Argument Types - Fundamental vs. Nonfundamental Rights

Due Process Hypotheticals

Substantive Due Process Chart (with undue burden)

Substantive Due Process Chart (fundamental vs. nonfundamental rights)

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

Griswold v. Connecticut Chart of Opinions

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

Vlandis v. Kline (state university tuition)

Privileges and Immunities

Separation of Power Approaches

MBE Questions

Privileges and Immunities Clauses

Dormant Commerce Clause vs. Privileges and Immunities Clause Quiz

Dormant Commerce Clause Hypotheticals

Chart Comparing Dormant Commerce Clause and Privileges & Immunities Clause

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

Articles of Confederation Article IV

Categories of Dormant Commerce Clause Cases

Balancing Scale

Ti Plant

Dormant Commerce Clause Standards

New Jersey Law

ACA Oral Argument Excerpts

Preemption Hypotheticals

State Autonomy and Federal Spending Power Hypotheticals

Spending Power Test

Commerce Power Quiz

Category Three Commerce Clause Test

Commerce Power Chart

Government Substantial Effects Arguments in Lopez

Channels and Instrumentalities of Interstate Commerce

Lopez Excerpt

Heart of Atlanta Motel

Ollie's Original Menu

Roscoe Filburn

NLRA Images

Gibbons Graphic




Syllabus

Questions Before Class

Syllabus

Questions Before Class

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.

Newly Posted Material

Constitutional Law Review

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



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



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

Radio interview on Health Care Oral Argument (Interview of Professor Harpaz on The WHYN Morning Show (March 28, 2012)

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


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

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)

Class Recordings:

Wednesday, April 13, click here for a recording of the class.
Friday, April 1, click here for a recording of the class.
Friday, March 11, click here for a recording of the class.
Friday, January 21, click here for a recording of the class.

New Material

Answers to Student Questions - last updated May 10 at 8:30 p.m.
Studying and Taking the Constitutional Law Exam
 

Syllabus

Questions Before Class

United States v. Comstock

Constitutionality of Sex Offender Registration and Notification Act

Challenges to the New Health Care Law

Maine v. Taylor

Camps Newfound/Owatonna, Inc. v. Town of Harrison

Granholm v. Heald

Weaver v. Palmer Bros. Co.

Supreme Court Watch

Bruesewitz v. Wyeth (National Childhood Vaccine Injury Act of 1986) (express preemption) (decided Feb. 22, 2011) (Court decides that the Act preempts design-defect claims against vaccine manufacturers)

Williamson v. Mazda Motor of America, Inc. (preemption) (decided Feb. 23, 2011) (Court decides that federal auto safety standards do not preempt state tort suits claiming that automobile manufacturers should have installed lap-and-shoulder belts, rather than simply lap belts, on rear inner seats.)

Chamber of Commerce v. Whiting (Legal Arizona Workers Act) (express preemption)

Other Course Materials

Equal Protection Standards of Review

Substantive Due Process Chart (with undue burden)

Substantive Due Process Chart (without 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

Proposed Reduce Unnecessary Spending Act of 2011

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

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

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

Dormant Commerce Clause Hypotheticals

Categories of Dormant Commerce Clause Cases

Letter From the Attorney General to Congress on Litigation Involving the Defense of Marriage Act (February 23, 2011)

Spending Power Test

State Autonomy and Federal Spending Power Hypotheticals

Civil Rights Act Photos

Roscoe Filburn

NLRA Images

Gibbons Graphic

Federalist Papers (Wikipedia)

Johnson Hypotheticals

Marbury Constitutional Provisions

Marbury Conflicting Provisions


Examinations, Answer Sheets, Model Answers and Exam Review Material

Studying and Taking the Constitutional Law Exam

Spring 2011 Constitutional Law Course Review
 
Fall 2011 Constitutional Law Course Review

Equal Protection/Due Process Review Question Grading Sheet

Equal Protection/Due Process Review Question

Equal Protection Review Question Grading Sheet

Equal Protection Review Question

Due Process Review Question

Answers to Spring Break Sample Exam Questions

Spring Break Sample Exam Questions

Outline of Congressional Power to Regulate Interstate Commerce

Improving Your Exam Performance

Sample Exam Questions

Past Examinations and Answer Sheets

Model Answer for Spring, 2010 Exam

Model Answer for Spring, 2004 Exam