Constitutional Law I
Section 2
Please note that although the syllabus shows what is planned, the course is very unlikely to stay exactly on schedule. This syllabus is subject to change to address current constitutional law developments and to meet the students' needs as perceived by the professor during the semester.
Howard University is committed to providing an educational environment that is accessible to all students. In accordance with this policy, students in need of accommodations due to a disability should contact the HUSL Office of the Dean of Students, Assistant Dean Dionne Duckett (202-806-8006; dduckett@law.howard.edu), for verification and determination of reasonable accommodations as soon as possible after admission to the Law School and at the beginning of each semester as needed.
Table of Contents
This course explores the power relationships enshrined in the United States Constitution. In this course you will examine the basic structures of the U.S. constitutional system, aspects of federalism including the balance of power between the federal government and the states, the historical development of the Supreme Court as an institution, the philosophical justifications for the exercise of judicial review and judicial authority of judges in a democratic society, and the various methods of legal reasoning that are brought to bear in interpreting the Constitution. Among the specific topics to be examined are judicial review, the 11th Amendment, the commerce power and some of the other powers of Congress, the separation of powers, economic liberties and redistribution (the contracts and the taking clauses), and substantive due process as it relates to the power of the judiciary.
The course also examines approaches to interpreting the Constitution and issues relating to those approaches.
Required:
The Constitution
William D. Araiza, Phoebe A. Haddon, & Dorothy E. Roberts, Constitutional Law: Cases, History, and Dialogues (3d ed. Lexis/Nexis 2006)
William D. Araiza, Phoebe A. Haddon, & Dorothy E. Roberts, 2007 Supplement to Constitutional Law: Cases, History, and Dialogues
Supplemental materials to be provided from the Professor from time to time (online), including the supplement (online) for the Worcester v. Georgia, 31 U.S. 515 (1832) case and possibly extended materials on executive power.
Trail of Tears supplement (online)
Recommended
Brian Landsberg and Leslie Jacobs, Global Issues in Constitutional Law (Thompson West 2007)
Sanford Levinson, Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It) (Oxford University Press 2006) (paperback edition 2007)
Allan Ides & Chistopher N. May, Constitutional Law: National Power and Federalism – Examples and Explanations (4th ed. Aspen Publ. 2007)
Office:
402 Houston Hall
Phone:
202-806-8017
Email:
stevenjamar@gmail.com (I will typically respond to email within 24 hours.)
Office Hours:
The times listed below may change. I will post up-to-date office hours online at http://iipsj.com/SDJ/index.htm
Mon
1:00-2:30
Wed
1:00-2:30
Fri
10:00-Noon
Occasionally I will not be able to keep these office hours because of other commitments.If you need to see me at another time, please contact me so we can make an appointment.
I am often in my office at times not posted as office hours and during those times I am generally able to meet with students.
Final Examination
100 pts.
Read the assigned material before class each day. Be prepared to orally brief the cases and discuss the problems presented by the readings.
The law school attendance policy will be enforced. If you miss 25% or more of the scheduled class sessions, starting from the first day of scheduled classes, you will receive an "F" for the course unless you formally withdraw from the course before the last day to drop a course as set by the law school academic calendar. Under the law school policy, attendance means being present at the start of class and throughout the class period. Tardy students and students who leave class early will be counted as absent.
Please note that this schedule identifies the topics to be considered in the order in which they will be considered and identifies the readings for the topics. After the first class, the specific reading for the next class will be given. Thereafter most assignments will be given on a weekly basis. I anticipate trimming some of the readings later in the semester, though studying 800 pages in 14 weeks (58 pages per week) should not be considered overly burdensome.
Judicial Review
Class 1: Constitution Articles 1, 2, 3 & Amends. 1, 5, 10, 11, 14. Araiza, et al, pp. 1-16 Marbury v. Madison
Classes 2 & 3: Trail of Tears supplement; Araiza, et al, pp. 16-19
Political Question & Case or Controversy Requirement: Araiza, et al, pp. 52-66
Ripeness, Standing, Mootness, etc.: Araiza, et al, pp. 66-162; read all cases but focus on DeFunis (p.77); Warth v. Seldin (p. 82); Lujan (p. 123); Flast v. Cohen (p. 139); Richardson note (p. 150-153)
Rights
Privileges and Immunities: 229-248; 733-744
Enforcing Fundamental Rights: 1132-1136
Defining Substantive Due Process: 319-322; 418-429; Araiza Supp. 2-21
Congressional Control of Judicial Power
Araiza, et al, pp. 19-33, 1704-1708, 33-52
Necessary and Proper Clause
Araiza, et al, pp. 514-523
Power to Regulate the Economy– Lochner Era; Commerce Clause
Lochner Era: 248-269
Commerce Clause: Araiza, et al, pp. 599-666
Taxing and Spending Powers: Araiza, et al, pp. 795-803
Congressional Power under Civil War Amendments
Civil War Amendments 824-865
Araiza, et al, pp. 461-514; Supp. 23-24; 577-599
Congressional Delegation and Continued Oversight: Araiza 523-577
Bush v. Gore 1145-1157
Preemption: 726-733
State Power over the Economy ("Dormant" Commerce Clause): Araiza, et al, pp. 666-726
Federal Regulation of States: Araiza, et al, pp. 744-795
Federal Taxing and Spending Powers to Influence States: Araiza, et al, pp 795-803
11th Amendment: Araiza, et al, pp. 162-217; Supp. 1
Privileges and Immunities: 733-744
Full Faith and Credit