SYLLABUS

1. Formation of the American Republic

Events leading to the Declaration of Independence.
The text and meaning of the Declaration.
The Continental Congress.
The Constitutional Convention.
The Constitution’s structure and content.
The ratification battle in the Federalist Papers and elsewhere.
The achievement of the first Congress.
The Bill of Rights and debates over its ratification.

2. The American Constitutional System

A working definition of “constitutional law.”
How the Supreme Court came to be the Constitution’s final arbiter.
“Originalism” and other tools of constitutional interpretation.
Federalism: the relationship and tensions between the federal and state
governments, with examples showing federal legislation affecting
matters which should be within the powers of the states.

Separation of powers: the relationship and tensions between the three
supposedly equal branches of government — legislative, executive and
judicial — with examples of where the “more equal” branch, the Supreme
Court, refereed battles between the other two branches and, in the
bargain, expanded its own powers.
Judicial supremacy: primarily Chief Justice John Marshall’s opinion in
Marbury vs. Madison, which established the principle of Judicial
Review.
Griswold v. Connecticut, illustrating federalism, separation of powers
and judicial review.

3. Congress and Its Powers

The source, nature, and scope of Congress’s power.
Congress’s power to regulate interstate commerce.
Congress’s war, foreign affairs, and related powers.
Congress’s other, miscellaneous powers.

4. The Presidency And Its Powers

The President’s “chief executive” and “faithfully execute” power.
The President’s power as Commander-in-Chief.

5. The Judiciary And Its Powers

The source, nature, and scope of judicial power.
Limitations, if any, on judicial power.

6. Intergovernmental Relations

The “horizontal” relationship between the states, and the requirement of
“full faith and credit.”

Constitutional Limitations on Congress’s Power
Textual limitations on the power of Congress, including suspension of
the writ of habeas corpus.
Constitutional Limitations On The Power Of The States
The few textual limitations of the power of the states, including the
prohibition against impairment of contracts.

7. Prohibitions On Both Congress And The States: The Bill Of Rights

Introduction to the Bill of Rights.
Does the Bill of Rights apply against the federal government?
“Substantive” Due Process: contraception and abortion.

8. The First Amendment

Speech.
Religion.

9. The Eighth Amendment

Cruel and Unusual Punishment.

The Fourteenth Amendment
Genesis of the Fourteenth Amendment.
Procedural Due Process: Notice and opportunity to be heard.
Substantive Due Process, revisited.

10. The Fourteenth Amendment

Substantive due process, revisited.
Equal protection of the law:
Race.
Gender.
Sexuality.
Conclusion to lectures