Introduction to Constitutional Law
Political Science 451
Winter 2007
Mon – Fri
Psych Building, Room 256
Class Overview:
Constitutional Law examines several continuing debates in American governance. As a nation with a written constitution, there are competing theories as to how the document should, or should not, be interpreted. Our examination of the constitution will begin by looking at the major theories of constitutional interpretation. The second part of the class will study the power relationships between the states and the federal government, as well as the power relationships between the several branches of government. The final section of the class will examine the relationship between capitalism and our constitutional framework.
In the course of the quarter, you will be expected to complete a short term paper (6-7 pages) tracing the historical development of some aspect of constitutional law (e.g. state sovereignty, federalism, commerce clause legislation, etc), participate in a moot court arguing a hypothetical case, and take four short quizzes. The following link will provide you with a tool to help you analyze cases in this class.
Required Texts:
Democracy and Distrust (Ely)
A Matter of Interpretation (Scalia)
Constitutional Interpretation (Ducat)
Graded Assignments:*
Final Exam 100 Tuesday, March 13th 12:00 to 2:00 pm
4 Quizzes (4x25) 100
Total 350 points
Weekly Syllabus (Subject to change)
Time Topics Readings
Weeks 0-2 Approaches to Interpretation
Scalia Essay (3 days) A Matter of Interpretation
Wood Comment
Tribe Comment
Dworkin Comment
Scalia Response
Ely Chap 1 Democracy and Distrust
Ely Chap 2
Ely Chap 3
Ely Chap 4
Ely Chap 5-6 (if time)
Quiz # 1
Week 3 The Creation of Judicial Review and its Limitations (Ducat Chap 1)
Judicial Review Cases
*Marbury v
*Eakin v Raub
*Martin v. Hunter’s Lessee
*Ex Parte McCardle
Justiciability Cases
Muscrat v. US
Standing Cases
Frothingham v. Mellon
*Flast v. Cohen
*Allen v. Wright
Ripeness Cases
National Treasury Employees
Mootness Cases
*DeFunis v. Odegaard
Roe v Wade
Political Question Cases
Marbury v.
Luther v. Borden
*Colegrove v. Green & Baker v Carr
Goldwater v. Carter
Week 4-5 National Power and the Commerce Clause (Ducat Chap 5)
Gibbons v.
Dual Federalism
The License Cases
*US v. E.C. Knight
The
*Hammer v Dagenhart
Carter v Carter Coal & Schechter Poultry v. US
US v.
Revolution of 1937
*NLRB v. Jones and Laughlin
US v. Darby
*Wickard v. Filburn
Civil Rights Cases and the Commerce Clause
*Heart of
Daniel v. Paul.
Note arguments over Sec 5 of 14th Amendment (Adarand v. Pena)
Bringing Back Duel Federalism: The
National League of Cities v. Usery
Garcia v. San Antonio Metropolitan
Gergory v. Ashcroft
*US v. Lopez
*US v. Morrison
Quiz # 2
Week 6 Federalism and State Sovereignty (Ducat Chapter 6)
Federalism Cases
McCullock v.
*Printz v. US
*
*Thorton vs. US
*
11th Amendment Cases
Chisholm v
Ex Parte Young
*Seminole Tribe of
Kimel v.
Alden v.
Weeks 7 Separation of Powers (Ducat Chaps 3 and 4)
Legislative Powers and Limitations
McCulloch
revisited
*
*City
of
Watkin
and Brenblatt Cases
*INS v
Chadha
Mistretta
v
*
Bowers
v Synar
Quiz # 3
Presidential Powers and Limitations
*Morrison v. Olsen & Myers v. US
The Prize Cases
*ExParte Milligan
Koramatzu v. US
*
*US v. Curtiss-Wright
NY Times v. US
*
Term Paper Due (TBA).
Week 8-9 Lassie-Faire and the Constitution (Ducat Chap 7)
Munn v.
*Lochner v. NY
*West Coast Hotels v. Parrish
US v. Caroline Products (Ft # 4)
Quiz # 4 and 1st
Half of Final
Week
Commerce Clause Case
Political Questions Case
Federalism Case
Presidential Power Case
* Indicates you need to read
the full case. The absence of an *
indicates you simply need to know the outcome of the case.
* Students who have special needs or disabilities that may affect their ability to access information or material presented in this course should contact the CWU Director of Disability Support Services at 509- 963-2171, TDD 963-2143 for appropriate accommodation.