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 Spring 2013:
Sullivan and Gunther, Constitutional Law, 17th Edition, 2010,
Foundation Press, ISBN: 978-1-59941-752-3Spring 2013 Syllabus
New Exam Review Material
(all new exam review material is also posted below under General Exam Review Material, Substantive Review Material or Sample Exam Review Questions and Answers)
Constitutional Law Course Review Spring 2013
Studying for and Taking the Constitutional Law Exam
Equal Protection Review
Question
Equal Protection Review Question Grading Sheet
Equal Protection/Due
Process Review Question
Equal Protection/Due
Process Review Question Grading Sheet
QUESTIONS BEFORE CLASS
In connection with each reading assignment, there are questions which you should attempt to answer prior to class. These questions are listed by assignment number in a single document: Questions Before Class
2013 Additional Assigned Course Materials:
Steps In Constitutional Analysis
Johnson v. California
Premption Assignment
National Federation of Independent Business v. Sebelius (the Affordable Care Act)
Maine v. Taylor
Camps Newfound/Owatonna, Inc. v. Town of Harrison
Baldwin v. Montana Fish & Game Commission (defining privileges and immunites under Article IV, Section 2)
McBurney v. Young
McDonald v. City of Chicago
Weaver v. Palmer Bros. Co.
Preemption 2014
Other Course Materials
Equal Protection Standards
Railway Express Ordinance
Due Process Hypotheticals
Federal Partial Birth Abortion Ban Act of 2003 (operative sections)
Federal Partial Birth Abortion Ban Act of 2003 (entire statute)
Substantive Due Process Chart (with undue burden)
Substantive Due Process Chart (fundamental vs. nonfundamental rights)
Fragmented Decisions
Griswold v. Connecticut Chart of Opinions
Due Process Chart - Older Lochner Approach vs. Newer Deferential Approach
Dormant Commerce Clause vs. Privileges and Immunities Clause Quiz
Dormant Commerce Clause Hypotheticals
Lists of Privileges and Immunities
Privileges and Immunities Clauses
Violence Against Women Act Reauthorization of 2013 (Criminal Provision)
MBE Questions
Separation of Power Approaches
Chart Comparing Dormant Commerce Clause and Privileges & Immunities Clause
Privileges and Immunities Clause (Preliminary Hurdles and Standard of Review)
Articles of Confederation Article IV and U.S. Constitution Article IV
Categories of Dormant Commerce Clause Cases
New Jersey Law
ACA Oral Argument Excerpts
Preemption Hypotheticals
State Autonomy and Federal Spending Power Hypotheticals
Spending Power Test
Oklahoma Enabling Act
Commerce Power Quiz
Carjacking Question
Section 922(q)
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
Map of the United States
Texas/Louisiana Map
Gibbons Graphic
Johnson Hypotheticals
Johnson Standards
Marbury Constitutional Provisions
Marbury Conflicting Provisions
General Exam Review Material
Studying for and Taking the Constitutional Law Exam
Improving Your Exam Performance
Information About the Constitutional Law Examination
Grading Sheets and Grading
Substantive Review Material
Constitutional Law Course Review Spring 2013
Review of Commerce Clause (power of Congress to regulate interstate commerce)
Review of Preemption
State Autonomy Review 2013
Dormant Commerce Clause Review 2013
Article IV Privileges and Immunities Clause Review 2013
Due Process Review
Equal Protection Review 2013
Supreme Court Watch
Excerpts from DOMA Argument
McBurney v. Young (Issue: Whether, under the Privileges and Immunities Clause of Article IV and the dormant Commerce Clause of the United States Constitution, a state may preclude citizens of other states from enjoying the same right of access to public records that the state affords its own citizens.)
Fisher v. University of Texas at Austin (affirmative action in university admissions)
Excerpts From Fisher Oral Argument
United States v. Windsor (Defense of Marriage Act)
Windsor v. United States (2d Circuit, October 18, 2012) (striking down Section 3 of the Defense of Marriage Act as a violation of Equal Protection) (see pages 24-34 of opinion for discussion of whether discrimination based on homosexuality is a suspect classification)
Hollingsworth v. Perry (equal protection challenge to Prop 8)
Related Links
United States Constitution
http://www.law.cornell.edu/supct/index.html
http://www.supremecourthistory.org
http://www.washingtonpost.com/wp-dyn/nation/courts/supremecourt/
Recent News Items
Is Samuel Alito a Tenther? (Nan Aron) (Huffington Post) (November 27, 2012)
Radio Interview on Health Care Oral Argument (Professor Harpaz Interviewed on The WHYN Morning Show) (March 28, 2012)
An Affirmative Action Case (Vikram Amar) (verdict.justia.com) (September 2, 2011)
The Death of Roe v. Wade (Dahlia LIthwick) (Slate) (April 19, 2011)
Supreme Court Games:
Take the Constitution Quiz on ConstitutionFacts.com and test your Constitution I.Q.
Which
Founder Are You? (requires Adobe Flash Player)
Who Wants to Marry a Founding Father?
Supreme
Court
Jigsaw (requires Adobe Flash Player)