(revised 23 Sept. 2008)
Please note that although the syllabus shows what is planned, the course is unlikely to follow the schedule exactly. This syllabus is subject to change to address ongoing developments in the law 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(202-806-8006), 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 focuses on equal protection, on freedom of speech and the press, on freedom of religion, and to some extent on privacy as part of substantive due process.
The course also examines methods of interpreting the Constitution and some of the issues relating to the various methods.
The course is taught primarily using cases and class discussion. Some Socratic questioning is used, some topics are lectured, some areas are explored primarily through problems, and on rare occasions a skills exercise may be used to explore certain issues.
Required Book and Materials
The Constitution
William D. Araiza, Phoebe A. Haddon, and Dorothy E. Roberts, Constitutional Law: Cases, History, and Dialogues (3d ed. Lexis/Nexis 2006).
William D. Araiza, Phoebe A. Haddon, and Dorothy E. Roberts, Supplement to Constitutional Law: Cases, History, and Dialogues (most recent).
Supplemental materials as noted in the syllabus and possibly other materials to be provided by the professor from time to time
Recommended Books
Allan Ides & Christopher N. May, Constitutional Law: Individual Rights – Examples and Explanations (3d ed. Aspen Publ. 2004)
Daniel O. Conkle, Constitutional Law: The Religion Clauses (Foundation Press Turning Point Series 2003)
Forrest Church, The Separation of Church and State (Beacon Press 2004)
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://www.iipsj.com/SDJ/
Tue
10:00am -1:00 pm
Wed
1:00-2:30 pm
Fri
after 12:30 by appointment
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 by email 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 brief the cases orally and to discuss the problems presented by the readings. Sometimes we will delve deeply into cases while other times we will discuss topics using cases and other readings as background and resources. Both types of classes require detailed preparation.
Pay close attention to the standard of review in each case.
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 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 as the semester progresses. Bracketed material may be dropped if time requires.
Constitution Articles 1, 2, 3 & Amends. 1, 5, & 14. Araiza, et al, pp. 1-13 Marbury v. Madison
Read and compare Boumediene S. Ct. (2008) to DC v. Heller, S. Ct. (2008). Notice how the method of reasoning by the majority opinion in each case is similar, though who is in the majority changes significantly. Also note the differences in style and tone between the two dissents in Boumediene and between the two cases. What are the methods used to reach a decision? Historical analysis? Foreign sources? Function? Text? Formalism? Functionalism? Originalism? What is the role of politics, if any? What inconsistencies in logic are there within the opinions and between the two cases? These provide an excellent transition from the powers focus of Con Law I to the rights focus of Con Law II. They provide an excellent review of Con Law I substantive principles as well as methods of constitutional decision-making. We will discuss these two casesfor at least two days.
Araiza, et al, Part IV: Equal Protection, pp. 803-824
Araiza, et al, Supp. 25-66 (Seattle Schools)
Araiza, et al, Part IV: Equal Protection, pp. 824-830 (optional: Derrick Bell piece 830-842)
Araiza, et al, 842-854 Slavery -- The Constutional Convention's Unfinished Business
Race & the Civil War Amendments: Araiza, et al, pp. 854-869; 873-887
Steven D. Jamar, A Brief History of Brown v. Board of Education on the Brownat50.org website.
The Desegregation Principle: Araiza, et al, pp. 893-917; 925-928
Discriminatory Intent, pp 928; 934-941; 950-954 (955-981 -- lecture/discussion, recommended but not assigned reading)
ICCPR Handout -- Section 26
Araiza, et al, pp. 981-984; Supp. 25-66 (Seattle Schools)
Araiza, et al, pp. 1044-1063; 1069-1088; 1095-1111
Araiza, et al, pp. 1112-1122; 1130-1132
Araiza, et al, pp. 1132-1189; (Read both parts of Lawrence case -- pp. 418-427 (substantive due process/liberty/privacy) and pp. 1176-1188 (EP portion -- concurrence))
Araiza, et al, 319-353; 2008 Supp. 29-42 (Carhart); 395-409; 418-429
Araiza, et al, pp. 1715-1784
ICCPR Handout -- Sections 18, 19, 20, 22
Araiza, et al, freedom of speech basics 1189-1214;
Libel 1214-1232
Obscenity 1232-1261
Fighting words/hate speech 1261-1282
Partially protected speech – commercial speech 1283-1310
{Campaign financing 1310-1335; supp. 67-81}
Content neutrality 1335-1370
Time place manner 1370-1383
Symbolic speech 1383-1408
Secondary effects doctrine 1408-1416
Doctrinal Hybrids 1416-1425
{Governmental speech 1425-1445; supp. 81-89}
Speech in public schools 1445-1453; supp. 89-90
Prior restraints 1453-1474
Overbreadth & vagueness 1474-1490
Freedom of association 1490-1505
Araiza, et al, Freedom of the press 1505-1548
Medium-specific standards (airwaves) 1548-1586
Araiza, et al, Freedom of religion introduction 1586-1596
Establishment clause 1596-1683
Free exercise 1683-1714
Contract Clause: Araiza, et al, pp. 271-283Takings Clause: Araiza, et al, pp. 283-305
Araiza, et al, pp. 305-319