The course explores structural constitutional law, and introduces some of the constitutional limits on government power that protect individual rights. The former segment, “Part One,” includes discussions of judicial power, executive power, congressional powers and the federalism balance between state and national sovereigns. The latter segment, “Part Two,” includes an introduction to individual rights under the Bill of Rights and the due process clause of the 14th Amendment. We will discuss takings law, the rise and fall of economic substantive due process, and the controversial area of “unenumerated rights” –e.g. family autonomy, sexual autonomy, reproductive autonomy, and medical decision making autonomy.
Chemerinsky, Constitutional Law (3d edition 2009) and 2010 supplement
Combination of lecture and question and answer format, with expectation of daily close reading of material and participation in discussion, as requested.
|Type of Exam||
Mid-term paper—pass/fail. Failure results in a deduction of 20 points from the final exam. Final exam: Four hour exam with multiple essay questions. You may bring your casebook, course supplements, and HAND MADE outline. No other texts or commercial materials allowed.
|Basis for grading||
Mid-term paper and final exam.
Attendance and participation (as requested) are required. I reserve the right to exclude any student from the final examination if he or she misses more than 5% of the classes without my approval.