1 1/16/ The Founding Foundational Documents The Constitution 96 96

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1 DayByDay Constitutional Law Syllabus Spring 2017, Professor Seth J. Chandler Version 0.9 Book for Course is Barnett & Blackman: Constitutional Law (3d ed.) -- do not get the 2d edition; too many changes Number Date Day Topic Subtopic Assignments Reading* Key Cases or Documents Pages Moving Average Cumulative Average 1 1/16/ The Founding Foundational Documents The Constitution Foundational 2 1/17/ Cases Judicial Power Marbury /18/ Foundational Cases Necessary & Proper McCulloch Foundational Commerce Clause & Bill of Rights + 4 1/23/ Cases lecture on dormant commerce clause Gibbons; Barron /24/ Enumated Powers Bill of Rights Prigg /25/ Enumated Powers Progressive Era (up to Schechter Poultry) ECKnight; Champion v. Ames; Dagenhart /30/ Enumated Powers Progressive Era + New Deal Schechter; Jones & Laughlin; Darby; Wickard; /31/ Enumated Powers Warren Era Heart of Atlanta; McClung /1/ Enumated Powers Rehnquist Era (up to Raich) Dole; Lopez; Morrison /6/ Enumated Powers Rehnqiust Era Raich /7/ Enumated Powers NFIB v. Sebelius (I) NFIB /8/ Enumated Powers NFIB v. Sebelius (II) + Start 10th amendment NFIB on Congressional NY v. United 13 2/13/ Power 10th Amendment States; Printz /14/ on Congressional Power 11th Amendment Seminole Tribe /15/ on Congressional Power 14th amendment section Katzbenbach v. Morgan; City of Boerne /20/ on State Power Elections Corfield Military Power (with lecture on Ex Merryman; 17 2/21/ Executive Power Parte Milligan) Milligan /22/ Executive Power Emergency Power Youngstown Power ancillary to foreign relations; Dames & Moore; 19 2/27/ Executive Power detention Korematsu /28/ Executive Power Military Tribunals Quirin; Hamdi Separation of Appointments + lecture on Noel 21 3/1/ Powers Canning /6/ Separation of Powers Presidential Immunities US v. Nixon; Clinton v. Jones Judicial Power Baker v. Carr; Bush v. Gore; 23 3/7/ Political Question Zitofsky /8/ Midterm Other Notes Students should read THE ENTIRE US Constitution before the first week of class ends 1

2 DayByDay Judicial power 25 3/20/ Standing Allen; Clapper /21/ Foundation of Constitutional Rights Slavery Dred Scott Post Civil War 13th and 14th amendments Slaughterhouse 27 3/22/ Amendments Cases /27/ Post Civil War Amendments State Action & Equal Protection Civil Rights Cases; Yick Wo; Plessy /28/ Due Process Early due process cases Lochner /29/ Due Process Substantive due process Muller; Adkins; Pierce; Meyer; Buck v. Bell /3/ Due Process New Deal era reforms Nebbia; West Coast Hotel; Carolene Products /4/ Due Process More due process Lee Optical /5/ Equal Protection Separate But Equal And Its Repudiation Brown v. Board of Education; Bolling v. Sharpe; Cooper v. Aaron /10/ Equal Protection What Do We Mean By Unequal Loving; Washington v. Davis /11/ Equal Protection Affirmative Action in Education Bakke; Gruter; Gratz /12/ Equal Protection Affirmative Action in Education (Texas) & Employment Fisher I & II; Adarand /17/ Equal Protection Gender discrimination Craig v. Boren; VM /18/ Equal Protection Other forms of discrimination Cleburne; Romer Griswold; Roe v. 39 4/19/ Process Reproductive Rights Wade /24/ Process Sexuality Rights and Other Rights Bowers; Glucksber /25/ Process Abortion Carhart; Hellersted /26/ Process Sexuality Rights Lawrence v. Texas (skim); Obergefell

3 Grading Rubric Item Fraction Comments Midterm Final Exam Class Participation 20% closed book + 1 (8.5x11) sheet of paper 80% closed book + 1 (8.5x11) sheet of paper measured by depth, quality responses when called on; listening and actually responding in a respectful way to other students; in class volunteering; contribution of contemporary "+/- one unit" relevant materials I will place approx. top 1/4 in +; bottom 1/4 in - 3

4 ProvostMentalHealthNotice Counseling and Psychological Services (CAPS) can help students who are having difficulties managing stress, adjusting to the demands of a professional program, or feeling sad and hopeless. You can reach CAPS ( edu/caps) by calling during and after business hours for routine appointments or if you or someone you know is in crisis. No appointment is necessary for the Let's Talk program, a drop-in consultation service at convenient locations and hours around campus. edu/caps/outreach/lets_talk.html 4

5 Zooming I will designate many but not all weeks of the course as "Zoom weeks" during which students may, cumulatively, attend via zoom on no more than 3 occasions. Students so attending assume all risks of technical failure. 5

6 Skipping We can not cover everything area of constitutional law in this survey course. Here are some things we are skipping. There are other courses in the law school that address these issues. I urge you to take one or more of them. Area 15th amendment 1st amendment free speech 1st amendment religion Dormant commerce clause? Indigenous peoples Immigration Takings Criminal Justice System Taxation More on Justiciability Course Election law First Amendment Law & Religion Native American Law Immigration Law Land use; local government law Criminal Procedure; Death Penalty Federal Income Tax Federal Courts 6