For Thursday

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

We move forward with all of Economic Substantive Due Process, through Takings. Be ready to discuss the basics of all cases in the reading, beyond the "main" case listed in the syllabus. Consider:

    • What are the sources of external limitations on legislative power and how do they limit power? (Review the first eight amendments, in addition to the provisions assigned)

    • What are unenumerated rights, what are their sources, and how can courts enforce them? Consider the debate between Justices Chase and Iredell in Calder.

    • What are the rights that comprise economic due process and what power does that leave government to act?

    • What do we mean by "Lochner" and "Lochnerism" and how did that doctrine evolve and change from the early 20th century to later in the 20th century? Why and how did the doctrine evolve away from broad protection for business?

    • What is the scope of the Takings Clause and what protections does that provide? What is the connection between Takings and Due Process? What are the distinct elements and tests for takings? What is the difference between a physical and regulatory taking?