Constitution and the supreme court class.

ofce hours: Monday and Wednesday 4:30-6:00 Course Description: This is a course designed to introduce students to the historical struggles of the United States Supreme Court in gaining and maintaining its power to serve as the nal interpreters of the Constitution. Over the past 220 years, the Supreme Court has gained great authority by limiting the power of other branches and protecting individual rights from government encroachment. This course studies many of the famous cases that have established the Courts power, as well as the means it currently uses to maintain and extend this power. Goals and Objectives: Become familiar with knowledge base: This course introduces students to key provisions in the U.S. Constitution and how their meaning has been changed by decisions of the Supreme Court. Develop critical thinking skills: This course encourages students to critically examine the arguments used by the Supreme Court to support its interpretation of constitutional provisions. Develop information literacy and research skills: This course introduces students to the Lexis/ Nexis database of court decisions to aid them in preparing their moot court argument and their judicial opinion. Promote effective communication: This course provides students experience in oral and written communication by requiring regular class discussion of constitutional arguments as well as a moot court oral argument and the preparation of a Supreme Court opinion. Future planning: This course demonstrates what the study of law is like in a law-school type environment, and simulates the litigation of a Supreme Court case. Methods of Assessment: 10% Active class participation. 10% Short briefs of two cases, due February 13 and March 6. 10% Oral argument on May 13. 20% Midterm examination on April 8. 20% Opinion on constitutional issue, due June 7. 30% Final examination on June 12. Texts: Lee Epstein and Thomas G. Walker, Constitutional Law for a Changing America: Institutional th Powers and Constraints (7 ed. 2011) ISBN 978-1-60426-516-3. All page numbers refer to this edition. Additional cases and other readings will be available on Blackboard and/or distributed in class, and are indicated by an asterisk (*). The best book I have read in recent years on the history of the Supreme Court is Barry Friedmans The Will of the People (2009, New York: Farrar, Strauss and Girouz). The ISBN

number is 978-0-374-22034-1. It is available from Amazon.com new for $8.80 and can also be bought in e-book format for $9.99. This is recommended for students who wish a scholarly history of how the Supreme Court has changed the Constitution that is similar to that offered by the instructor. Course content: January 30. Introduction to the study of the Constitution. Reading: 3-10, 51-56; the Constitution (675-682, through the Bill of Rights). Constitutions and constitutionalism The Declaration of Independence Rejecting the British model of government Failure of the Articles of Confederation Replacement, not amendment A Republic, if you keep it The ratication process and the Bill of Rights February 4-6. The Supreme Court establishes judicial review. Reading: 58-64, 93 (Advisory Opinions), 492-496; Federalist 78 (687-690). Judicial review in Britain Judicial review in the US prior to 1787 Judicial review at the Constitutional Convention Alexander Hamilton and Federalist 78 The 1789 Judiciary Act The Supreme Court in the early 1790s Deciding not to decide: Hayburns Case and Jays letter Chisholm v. Georgia and the power of nal interpretation Hylton v. United States and the power to change the meaning of the Constitution Avoiding constitutional challenges: Sedition Act prosecutions Adams court-packing plan and the midnight judges February 11. John Marshall v. Thomas Jefferson: the Court battles against a partisan challenge. Reading: 64-72, 82-89. Ware v. Hylton and the invalidation of state laws Marbury v. Madison Stuart v. Laird: triage in the face of Congressional attack Impeachment and trial of Supreme Court Justice Chase Evaluation of John Marshalls early decisions Should we fear the power of judicial review? February 13-20 (No class February 18, Presidents Day.) The Supreme Court battles the states. First case brief due February 13. Reading: 74-82,143-149; McCulloch v. Maryland*; 23-33, 400-407, 336-338, 641-642. Martin v. Hunters Lessee and review of state court decisions Cohens v. Virginia and the Eleventh Amendment McCulloch v. Maryland and the extent of federal power

Methods of constitutional interpretation Gibbons v. Odgen and the exclusivity of federal power Worcester v. Georgia and President Jacksons deance of the Court The Nullication Crisis and Jacksons defense of the Court Barron v. Baltimore: limiting the scope of the Bill of Rights February 25-27. The Civil War and Constitutional Crisis: the President v. the Court. Reading: 338-345; Friedman, The Will of the People, 105-124.* The Supreme Court as nal arbiter of slavery issues Scott v. Sanford: the Court attempts to resolve the slavery issue Aftermath of Dred Scott: Civil War becomes inevitable Saving the Constitution while disobeying its commands Ex parte Merryman: Lincoln dees the Supreme Court Judicial deference during the Civil War Changing the Constitution to create racial equality March 4-6. The Supreme Court and Reconstruction. Second case brief due March 6. Reading: 89-91, 585-588, 591-592 (Bradleys dissent); Slaughter-house Cases.* Ex parte Milligan and the Courts reassertion of power th The Reconstruction Acts and the battle for the 14 Amendment Ex parte McCardle and the constitutional test for military trials Was the 14th Amendment validly ratied? The qualication challenge to Hiram Revels The Supreme Court during Grants Presidency the Slaughterhouse Cases and the resurrection of state power March 11-13. The Court restrains regulation of the economy. Reading: 595-615, 407-415, 345-350. th The Court further weakens the 14 Amendment Munn v. Illinois and the public interest doctrine Lochner and the Courts challenge to state regulatory power The Brandeis brief and Muller v. Oregon The Court reinterprets the Commerce Clause Hammer v. Dagenhart invalidates federal restrictions on child labor March 18-20. The Supreme Court contributes to economic crisis in the 1930s. Reading: 615-623, 572-576, 415-429; Franklin Roosevelts Fireside Chat of March 9, 1937.* Adkins v. Childrens Hospital: Substantive Due Process expands The Depression arrives, and the Court bends the Constitution Schechter Poultry: the Supreme Court confronts the New Deal United States v. Butler and the constitutionality of the AAA Further rejection of the New Deal: Carter and Tipaldo Why amending the Constitution was not a solution The Court-Packing Plan and FDRs Fireside Chat

April 3. Review for Midterm Examination. April 8. Midterm Examination. April 10-15. How the Supreme Court works today. Reading: 12-23, 33-43; Tyrone Brown, Clerking for the Chief Justice*; Brooks v. Florida*. Getting to the Supreme Court Deciding to decide: the process for granting cert Likes and dislikes of the Supreme Court Strategic questioning during oral argument Strategic bargaining during the opinion writing process Three approaches to Supreme Court decision-making Changing its mind after argument: Deciding not to decide April 17. The Constitutional Revolution of 1937. Reading: 623-627, 432-441. West Coast Hotel: the Supreme Court buries economic rights Jones & Laughlin Steel: the Court expands the Commerce Clause The collapse of the court-packing bill Lessons from the switch in time that saved nine United States v. Darby: no need for another amendment April 22. The Commerce Clause under the New Constitution. Reading: 441-444, 467-470, 477-485. Wickard v. Filburn: the end of Commerce Clause restrictions? Heart of Atlanta Motel v. U.S.: enforcing anti-discrimination laws Southern Pacic v. Arizona: the Dormant Commerce Clause Hunt v. Washington: states cannot discriminate against outsiders April 24-April 29. The new federalism and a weakened Commerce Clause. Reading: 445-464; National Federation of Independent Business v. Sibelius, part A*. Lopez: the Court resurrects Commerce Clause limits Morrison and limits over federal power to protect civil rights Gonzales v. Raich: drugs are worse than expanded federal power National Federation of Independent Business v. Sibelius: the Commerce Clause does not justify a mandate to purchase health-care insurance How to research the moot court problem How to present an oral argument May 1-6. Taxing and Spending Powers under the Constitution. Reading: 496-501, 504-507, 511-518, 523-530; National Federation of Independent Business v. Sibelius, part B*. The Constitutionality of the Income Tax: Pollock v. Farmers Loan The demise of constitutional restraints on the scope of federal taxes Davis v. Michigan Treasury: state taxes must be non-discriminatory Taxes as a means of regulation: McCray, Drexel Furniture

Using the spending power to coerce states: Steward Machine v. Davis Why you cant drink until youre 21: South Dakota v. Dole National Federation of Independent Business v. Sibelius: the taxing power expands, the spending power contracts May 8. Policing the Limits of the Veto Power. Reading: 261-273, 201-207. INS v. Chadha and the demise of the legislative veto Bowsher v. Synar and the independent agency veto Clinton v. City of New York and the demise of the line-item veto May 13. Oral Argument. May 15. No class, Shavuos. May 20. Presidential power to Take care that the laws be faithfully executed. Reading: 180-183, 194-201; In re Debs*; 213-220. In re Neagle and the power to reallocate resources In re Debs and the power to compel private action Myers v. United States and the power to re federal ofcials May 22. The scope of Presidential emergency powers. Reading: Youngstown Sheet & Tube v. Sawyer.* The background to the emergency The Presidents options to stop the strike The Supreme Courts options once the steel factories were seized Why did the Court choose the option it did? May 27. No class, Memorial Day. May 29-June 3. Justications for Presidential usurpation of judicial power. Reading: 275-279, 286-297. Lincoln and the use of military commissions to try civilians Johnson and the Lincoln conspirators trial The Court insists on jury trials for civilians: ex parte Milligan Federal power to suspend judicial process: ex parte Quirin Presidential power to cancel individual trials: Korematsu June 3-5. The Guantanamo detainee cases. Review for nal examination. Reading: 307-320; Boumediene v. Bush.* Presidential power to detain suspects indenitely: Hamdi, Rasul Hamdan v. Rumsfeld and review of combatant status classications Boumediene v. Bush and judicial protection for habeas corpus June 10. Review for nal examination. June 12. Final Examination.