Constitutional Law Paper Assignment (100 pts)

Constitutional doctrine does not just materialize overnight. Instead, a long line of cases, typically handed down over decades, eventually carves out an accepted doctrine. In this class, we have taken considerable time to analyze the ebbs and flows of Commerce Clause case law. Over time, the Court has supported expansive and constrictive interpretations of the Commerce Clause. Today, the Court is taking a more restrictive view (upon the Federal Government) of the Commerce Clause.

Your assignment is to examine an area of Constitutional doctrine other than the Commerce Clause and trace the developments of the doctrine. You should begin your examination by looking at the historical cases that first tackled the issue and then work your way through more recent cases. The paper should explain where we stand today, how we got there, and your ANALYSIS of whether the current doctrine is a “good” one. Some suggested areas of research are listed below:

Eminent Domain and the 5^th Amendment

State Sovereignty and the 11^th Amendment

Limitations of Presidential Power

War power

Treaty power

Pardon power

Separation of Powers

Limits of Congressional power

Limits of Judicial power

Standing of Taxpayers to Sue the Government

Liberty of Contract

You are welcome to propose a topic of your own choosing. You simply need to clear it with me first.

SPECIFICS

DUE Friday, March 4th.

The paper should be 6-7 pages, regular margins, 12 font.

You should have a CLEAR THESIS in the first page of your paper.

You should cite at minimum, 5 Supreme Court cases.

You should cite at least one academic author’s opinion regarding your thesis.