For Monday

Thursday video--with transcript, without transcript. Panel # 8 Reax Papers due by 7 p.m. Monday.

We continue with Economic Substantive Due Process. What does "presumption of constitutionality," introduced in Carolene Products, mean? What are the three categories discussed in FN 4? Look especially at Williamson as an example of the relaxed approach the Court takes. Recall Sebelius and the individual mandate under the Affordable Care Act--how does a Lochnerian conception of SDP better explain the action/inaction distinction? Then look at the Takings Clause of the Fifth Amendment. Breaking the text down, what are the elements of a Takings claim and what is the analysis for each one?

We then turn to Incorporation and Panel # 10. What does incorporation mean and why is it necessary to talk about that? Review the first eight amendments--is there a textual justification for limiting them to the federal government? How does incorporation square with the purposes of the 14th Amendment? Be familiar with the competing theories of incorporation and which prevailed on the Court. Note two distinct issues: What rights are incorporated and the scope of the rights as incorporated--what is the difference?

On Thursday, we will begin Reproductive Freedom and Panel # 11.