Constitutional Law I Fall 2008 Syllabus

The required texts for this course are Sullivan and Gunther, Constitutional Law (16th ed. 2007) and its 2008 Supplement.

Also required is the Classroom Performance System radio-frequency (CPSrf) response pad (a/k/a "clicker"). For additional information, click here.

NOTE: The numbers in parentheses or set off by commas refer to pages in Sullivan and Gunther, Constitutional Law (16th ed. 2007) unless preceded by "S.", in which case they refer to pages in the Supplement.

The Supreme Court's Authority and Role

The Power of Judicial Review, 1-15 [Study/Discussion Questions]
Supreme Court Authority to Review State Court Judgments, 15-19
Interlude: D.C. v. Heller (2008) as an example of judicial review, S. 10-13
Judicial Exclusivity in Constitutional Interpretation, 19-30
Constitutional and Prudential Limits on Constitutional Adjudication, 30-31
- The Prohibition on Advisory Opinions, 31-32
- Standing to Litigate, 32-47 [Notes]
- Mootness, 47-48
- Ripeness, 48
- The Political Question Doctrine, 49-59 [Sample Exam/Discussion Problems]

Federalism: The Distribution of Powers between National and State Government

The Nation and the States in the Federal System

McCulloch v. Maryland (1819), 60-76

U.S. Term Limits v. Thornton (1995), 76-81

The Scope of Particular Congressional Powers

The Commerce Power (82-126) [Notes]

Commerce Power Doctrine Before 1937, 82-96
Commerce Power Doctrine from 1937 to1995, 96-106
Recent Limits on the Commerce Power, 106-26

Tenth and Eleventh Amendment Limitations on the Commerce Power (126-49)

State Autonomy Limits on Congressional Power, 126-43 [Notes]
State Sovereign Immunity Limits on Congressional Power, 143-49 [Chart of 11th & 10th Amendment Immunity]

The Taxing Power, 150-55 [Notes]

The Spending Power, 155-66

The War and Foreign Affairs Powers, 167-73 [Notes on the Treaty Power]

Federalistic Limitations on State Regulation of Economic Activity

In the Absence of Congressional Regulation: The "Dormant" Commerce Clause [Notes]

Introductory materials, 174-83
Economic Protectionism and Access to Markets
- Foster-Fountain Packing v. Haydel (1928), 194
- Baldwin v. G.A.F. Seelig (1935), 207-08
- Henneford v. Silas Mason (1937), 192 n. 1
- H.P. Hood & Sons v. Du Mond (1949), 208-09
- Dean Milk v. Madison (1951), 195-96
- Pike v. Bruce Church (1970), 213-14
- Hunt v. Wash. Apple Adv. Comm'n (1977), 209-10
- Exxon v. Governor of Maryland (1978), 211
- Philadelphia v. New Jersey (1978), 184-87
- Hughes v. Oklahoma (1979), 191
- Minnesota v. Cloverleaf Creamery (1981), 211-12
- Bacchus Imports v. Dias (1984), 210
- South-Central Timber Development v. Wunnicke (1984), 202-06
- Maine v. Taylor (1986), 191
- CTS v. Dynamics Corp. of America (1987), 221-22
- Chemical Waste Management v. Hunt (1992), 192
- Oregon Waste Systems v. Dept. Env. Quality (1994), 192
- Carbone v. Town of Clarkstown (1994), 196-198
- West Lynn Creamery v. Healy (1994), 192-93
- Camps Newfound/Owatonna v. Town of Harrison (1997), 193-94
- United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority (2007), 199-202
- Dep't of Revenue of Kentucky v. Davis (2008), S. 1-2
Burdens on Interstate Transportation
- Southern Pacific v. Arizona (1945), 219-20
- Bibb v. Navajo Freight (1959), 220
- Kassel v. Consolidated Freightways (1981), 214-19

The Privileges and Immunities Clause of Art. IV, Sec. 2, 222-29 [Notes]

Congressional Pre-emption of State Regulation of Activity Affecting Interstate Commerce, 229-37 [Notes]

Congressional Consent to State Protectionism: Prud. Ins. v. Benjamin (1946), 238-39

Other Aspects of Federalism, 240-43

Separation of Powers: The Distribution of Powers Among the Three Branches of the National Government [Study/Discussion Questions] [Outline]

Executive Violation of the Separation of Powers

Youngstown Sheet & Tube v. Sawyer (1952), 244-54 [Study/Discussion Questions]

Executive Authority over Foreign and Military Affairs, 254-60 [Study/Discussion Questions]

Executive Discretion in Times of War or Terror

The President, Congress, and War Powers, 260-62

Emergency Constiutionalism, 262-65

Executive Detention and the Trial of "Enemy Combatants", 266-91; S. 3-9

Congressional Violation of the Separation of Powers

The "Non-delegation" Doctrine, 291-92

I.N.S. v. Chadha (1983), 293-300 [Study/Discussion Questions]

Clinton v. New York (1998), 300-06

Buckley v. Valeo (1976), 306-07

Bowsher v. Synar (1986), 307-10 [Study/Discussion Questions]

Myers v. U.S. (1926), 310-11

Humphrey's Executor v. U.S. (1935), 311

Morrison v. Olson (1988), 312-16

Mistretta v. U.S. (1989), 317-20

Executive Privilege and Immunities, 320-38

Nonfederalistic Limitations on the Regulation of Economic Activity: Rights of Property and Contract

The Pre-Civil War Situation, 340-41
The 14th Amendment and Substantive Due Process, 362-81
The Just Compensation Requirement and the Distinction between Regulations and Takings, 384-408 [Notes]
The Contracts Clause, 408-13 [Notes]

This page last modified on 9/27/2008.

Constitutional Law I: 9200:603-001

Fall 2008 Syllabus

Professor William D. Rich