Course Materials and First Day Assignments

Please download and read the Syllabus (or from right) for complete details about the course, assignments, pedagogical approach, grading methods, and course rules. Review it prior to the first class. Review information about Reaction Papers.

Required Class Materials

1) Jesse H. Choper, Michael C. Dorf, Richard H. Fallon, Jr., & Frederick Schaur, Leading Cases in Constitutional Law (West Academic Publishing 2019 ed.) ("Choper")

2) Daniel Farber & Neil S. Siegel, United States Constitutional Law (Foundation Press 2019) ("Farber")

3) Additional cases and other materials can be downloaded from this blog at right, under "Course Materials."

Assignments for First Day of Class: After the jump. For the second class, we will continue with this, then move on to Legislative Power: Necessary and Proper Clause and Commerce Clause: Introduction and Commerce: Before 1936.

Introduction: The United States Constitution and Judicial Review

      Provisions:

      U.S. Const.: Review the Constitution as a whole. Get a sense of its structure and organization

      U.S. Const. art. III

      Cases: Choper, pp.1-33

      Marbury v. Madison

      Cooper v. Aaron

      Martin v. Hunter's Lessee

      Baker v. Carr

      Powell v. McCormack

      Nixon v. United States

      Zivotofsky v. Clinton

      Rucho v. Common Cause     

      Commentary:

      Farber, pp. 17-31, 43-48

Questions to think about:

• Think about the structure and organization of the Constitution. Why is it organized this way and why, given the historical context in which it was enacted?

• What is the effect of the high barrier for amending the Constitution?

• What is the relationship between the Constitution and "ordinary" law, such as an act of the legislature?

• How does Marbury establish the power of judicial review and what basis does it have in the text or structure of the Constitution?

• Why should the judiciary be entrusted with the power of reviewing laws for constitutional validity?

• What is the effect of a court saying a law is "unconstitutional"?

• What is the difference between judicial review and judicial supremacy? Does Marbury pick a side on this? What about Cooper v. Aaron? What do the historical examples of Jefferson (and the Alien & Sedition Acts), Jackson (and the Bank), and Lincoln (and Dred Scot) tell us about the power to determine constitutionality?

• What is the policy behind the political question doctrine? What are its elements? How and why has the Court applied (or not applied) it in different situations?

• Is there a problem with the Court surrendering the power to review certain issues?

Other Stuff

You must be on the Zoom meeting on time. While in the meeting, you must have your camera on and your audio on mute. If you have technical reasons for being unable to do so, please let me know. And at least have a recent photograph in your frame.

Course discussions will be organized around panels of 5-10 students who will be "on" as panelists for each topic, expected to discuss cases and other materials. I will cold-call from assigned panelists. Panels will be assigned at random, beginning on the second day of class.

No class on Monday, September 28 because of the Jewish Holy Day. To be made up on date TBD.