Constitutional Law - Spring, 2010 - Section 1
Professor Leora Harpaz
Office - Room 317; Telephone - 782-1437
E-mail - lharpaz@law.wnec.edu
Website: www.wneclaw.com
Office Hours - Monday and Wednesday 3:30 p.m. - 4 p.m., Thursday 11:30 a.m.-1 p.m. and by appointment

SYLLABUS

Required Reading: Sullivan & Gunther, Constitutional Law (16th edition, 2007, Foundation Press) PLUS additional online materials.

Course Description

            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.

Grading: The course grade will be based on a three-hour closed book examination.

ASSIGNMENTS

NOTE:  THIS IS A PARTIAL LIST OF ASSIGNMENTS.  IT WILL BE UPDATED PERIODICALLY TO ADD MORE ASSIGNMENTS TO THE LIST AS THE SEMESTER PROGRESSES.

Additional Note: For each assignment, please read the provisions of the United States Constitution referred to in the assigned cases. A copy of the Constitution is provided in Appendix A of the casebook as well as online at http://www.usconstitution.net/const.html.

ASSIGNMENTS: Each assignment represents the reading for a single class. You should be prepared to discuss all of the cases in each assignment, however, the cases that are bolded will be the central focus of class discussion. If we do not complete an assignment in a single class, you should nevertheless read the next assignment in its entirety. However, once we fall one full class behind in the reading, no new reading will be assigned for the succeeding class.

1.         Introduction to Judicial Review and the Constitution

(a) Take the Constitution Quiz on ConstitutionFacts.com and test your Constitution I.Q.; try all three parts of the quiz including the basic quiz (10 questions), the advanced quiz (50 questions) and the expert quiz (50 questions) and see if you're truely a Constitution Whiz Kid.
(b) Read casebook pages 1-15 (Marbury v. Madison and material on the background and meaning of Marbury).
If you have not yet purchased the casebook, a similar, but not identical, version of Marbury v. Madison is available online.

2.         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.         Introduction to Federalism

Pages 60-81 (McCulloch v. Maryland, material on the background and meaning of the McCulloch decision, and U.S. Term Limits, Inc. v. Thornton. In the Term Limits case, the United States Supreme Court, by a vote of 5 to 4, struck down as unconstitutional an Amendment to the Arkansas State Constitution which limited the eligibility of candidates for the Senate and the House of Representatives based on the number of terms those candidates had already served as members of Congress. The case, decided in 1995, explores themes somewhat related to those explored in McCulloch in 1819. The case is also an excellent example of the difficulties of constitutional interpretation in cases where the text and the historical evidence do not provide clear answers to the meaning of the Constitution.)

4.         The Commerce Power Before and During the New Deal

Pages 82-96 (Gibbons v. Ogden, Knight, Houston E. & W. Ry. Co.[The Shreveport Rate Case], Swift & Co., Champion v. Ames [The Lottery Case], Hipolite Egg, Hoke, Hammer v. Dagenhart [The Child Labor Case], Alton Railroad, Schechter Poultry, Carter Coal)

5.         The Commerce Power After the New Deal

Pages 96-106 (Jones & Laughlin, Darby, Wickard v. Filburn, Heart of Atlanta Motel, Katzenbach v. McClung, Perez)

6.         Revival of Limits on the Commerce Power Since 1995

Pages 106-126 (United States v. Lopez, United States v. Morrison, Gonzales v. Raich)

7.         Lopez, Morrison, and Raich in the Lower Courts

United States v. Jeronimo-Bautista (District Court and Court of Appeals opinions)
Constitutionality of Sex Offender Registration and Notification Act (United States v. Hall, United States v. Thomas, United States v. Crum)

8.         External Limits on the Commerce Power: State Autonomy and the Tenth Amendment

Pages 126-138 (United States v. California, New York v. United States, National League of Cities, Garcia, South Carolina v. Baker, New York v. United States)

9.       State Autonomy Limits Continued and The Spending Power

Pages 138-143 (Printz v. United States, Reno v. Condon)
Pages 162-168 (South Dakota v. Dole)

10.       The Dormant Commerce Clause

Pages 174- 187 (Gibbons v. Ogden, Willson v. Black-Bird Creek Marsh Co., Mayor of the City of New York v. Miln, The License Cases, Cooley v. Board of Wardens, Wabash, St. Louis & P. Ry. Co. v. Illinois, Southern Railway Co. v. King, Seaboard Air Line Co. v. Blackwell, Smith v. Alabama, DiSanto, Buck, Bradley, Pike, Philadelphia v. New Jersey)

11.    The Dormant Commerce Clause: Facial Discrimination Against Out-of-State Commerce

Pages 187-202 (top of page) (Maine v. Taylor, Hughes v. Oklahoma,Oregon Waste Systems, West Lynn Creamery, Camps Newfound/Owatonna, Inc. v. Town of Harrison, Dean Milk v. Madison, C & A Carbone, Inc. v. Clarkstown, United Haulers Assn. v. Oneida-Herkimer Solid Waste Mgmt. Auth.)
In addition to the reading in the casebook, please read the materials below:
Maine v. Taylor (read in addition to note on case on page 191)
Camps Newfound/Owatonna, Inc. v. Town of Harrison (read excerpt in addition to note on case on page 193-194)
Granholm v. Heald

12.   The Market Participant Exception, Facially Neutral Laws and Pike Balancing

Pages 202-210 and 213-220 (South-Central Timber Development, Inc. v. Wunnike, Baldwin v. G.A.F. Seelig, Inc., H.P. Hood & Sons v. Du Mond, Hunt v. Washington State Apple Advertising Comm'n, Bacchus Imports, LTD. v. Dias, Pike v. Bruce Church, Inc., Kassel v. Consolidated Freightways Corp., Barnwell Bros., Southern Pacific, Bibb)

13.    The Privileges and Immunities Clause and Preemption of State Authority

Pages 222-237 (United Bldg. v. Camden, Piper, Pacific Gas & Elec. Co., Rice, Hines, Florida Lime & Avocado Growers, Gade, Crosby)

14.    Separation of Powers

Pages 301-316 (Clinton v. New York, Buckley v. Valeo, Bowsher v. Synar, Meyers v. United States, Humphrey's Executor v. United States, Wiener v. United States, Morrison v. Olson)

15.    Individual Rights Before and After the Civil War and Incorporation of the Bill of Rights Through the Due Process Clause

Pages 339-346 and 354-360 (Barron, Slaughter-House Cases, Palko, Adamson, Duncan)

16.       Substantive Due Process and Economic Liberties

Pages 362-376 (Calder, Munn, Mugler, Allgeyer, Lochner, Adair, Coppage, New State Ice, Muller, Adkins, Nebbia)
Weaver v. Palmer Bros. Co.

17.       The Demise of Lochner After the New Deal and Substantive Due Process and Privacy

Pages 376-381 and Pages 413-421 (top of page) (West Coast Hotel, Carolene Products, Lee Optical, Ferguson v. Skrupa, Note 2, Meyer, Pierce, Skinner, Griswold)

18.       Substantive Due Process and Contraception and Abortion

Pages 421-443 (top of page) (Eisenstadt, Carey, Roe v. Wade, Notes 6: State Regulation of Abortion from Roe to Casey, Planned Parenthood v. Casey)

19.       Substantive Due Process: Abortion (The Meaning of Casey) and Marriage and Family Relationships

Pages 443-456 (Ayotte v. Planned Parenthood, Stenberg v. Carhart, Gonzalez v. Carhart, Loving, Zablocki, Moore, Belle Terre v. Baraas, Troxel, Michael H.)

20.       Substantive Due Process: Sexuality

Pages 456-469 (Bowers, Lawrence)

21.       Equal Protection: Minimum Rationality Review of Economic Regulation

Pages 625-632  (Railway Express, Lee Optical, Dukes, Moreno, Beazer, Allegheny Pittsburgh Coal, Nordlinger, Village of Willowbrook v. Olech Communications)

22.       Equal Protection: Race Discrimination

Pages 486-496 (top of page) and 500-507 (Strauder, Plessy, Gaines, Sweatt, McLaurin, Brown I, Bolling, McLaughlin, Loving, Palmore, Johnson, Korematsu)

23.       Racially Discriminatory Purpose and Effect and Affirmative Action and Race Preferences

Pages 507-524 (Yick Wo, Gomillion, Griffin, Palmer, Washington v. Davis, Arlington Heights, Rogers, Hunter, Bakke)

24.       Affirmative Action

Pages 534-561 (Grutter, Gratz, Parents Involved)

25.      Equal Protection: Sex Discrimination
Pages 571-589 (Bradwell, Minor v. Hapersett, Goesaert, Reed, Frontiero, Craig v. Boren, Hogan, J.E.B. v. Alabama, United States v. Virginia)

26.      Sex Equality, Sex Differences, and Sex Preferences
Pages 590-595 and 600-604 (top) (Geduldig, Michael M., Rostker, Kahn, Orr, Weisenfeld, Goldfarb, Webster, Wengler, Ballard)

27.      Other Classifications Arguably Warranting Heightened Scrutiny
Pages 604-608 (Alienage [Graham, Griffiths, Sugarman, Foley, Ambach, Bernal, Toll, Hampton, Mathews])
Pages 608-614 (Disability, Age, Poverty [Cleburne, Murgia, James v. Valtierra])
Pages 614-625 (Sexual Orientation [Romer v. Evans])