CONSTITUTIONAL LAW, 6th ed., Chemerinsky, 2020. ISBN, Summaries of Constitutional Law

Download CONSTITUTIONAL LAW, 6th ed., Chemerinsky, 2020. ISBN and more Summaries Constitutional Law in PDF only on Docsity! 1 CONSTITUTIONAL LAW § A LAW 5501, CLASS NUMBER 14645 (4 CREDITS) PROFESSOR BERTA E. HERNÁNDEZ-TRUYOL SPRING 2022 TUESDAY, WEDNESDAY, & THURSDAY – 10:45AM-NOON ROOM 345 COURSE DESCRIPTION & SYLLABUS 1. Class Materials: CONSTITUTIONAL LAW, 6th ed., Chemerinsky, 2020. ISBN: 978-1-5438-1307-4. Unless otherwise indicated, the reading assignments refer to the required casebook. Every student is expected to have completed the assigned readings prior to class. Assignment pages refer to the Chemerinsky casebook. Otherwise, as indicated in syllabus, readings are posted on Canvas. Students also are expected to read additional materials as indicated and as posted on the Canvas page, usually in either pdf or html format. Adobe Reader 6.0 or higher should be used to view pdfs, otherwise you may experience some difficulties. Students should check Prof. Hernández’s Canvas Course page on a regular basis for updates to the online materials and readings. Dates of last update are given for your convenience. Note: In order to inform the course materials, we will often start classes with a current event that implicates the constitutional issue being studied in that class. 2. Course Objective: The purpose of this course is to provide students with an overview of Constitutional Law as well as to develop your critical thinking. After we review the Constitution and its structure, we will study the Separations of Powers, which includes Judicial, Executive and Legislative powers with the latter also including Federalism (the division of power between Federal and State governments). Following, we will study individual liberties (substantive due process and equal protection). We will take a very brief look at the First Amendment in the context of an assigned case at the end of the course. 2 3. Student Learning Outcomes: At the conclusion of the course, students should be able to read and critically analyze cases. Students will have a basic knowledge of and will be able to analyze: - Separation of Powers and the roles of each branch: - Judiciary - Executive - Congress - Federalism - Due Process - Equal Protection - Constitutionality of laws in light of the above principles. 4. Attendance: I take attendance in accordance with University and Law School policy and ABA rules. Law School policy states as follows: “Class attendance is a primary obligation of each student, whose right to continued enrollment in the course and to take the examination is conditioned upon a record of attendance satisfactory to the professor.” The American Bar Association’s standards provide that “regular and punctual class attendance is necessary to satisfy residence and class hour requirements.” Absences for religious reasons are excused in accordance with university policy. Please be on time as it is distracting for everyone to have persons coming into the classroom after class starts. 5. Testing: There will be three graded tests during the semester. The first test is closed-book. Students will have 20 minutes to match the names of the cases that we will have covered up to that point in the course with a notable quote from each case. This test will account for 10% of your grade. The second test will be a closed-book test following the format of the first test in which students will have 30 minutes to match the case quotes with the cases that we have covered up to that point in the course. This test will account for 15% of your grade. 5 11. Academic Misconduct: Academic honesty and integrity are fundamental values of the University community. Students should be sure that they understand the UF Student Honor Code at http://www.dso.ufl.edu/students.php. 12. Office Hours: My office is 319-A, my office number is 273-0928, and my email is hernandez@law.ufl.edu. I have an open-door policy. 13. Course Evaluations: Students are expected to provide professional and respectful feedback on the quality of instruction in this course by completing course evaluations online via GatorEvals. Guidance on how to give feedback in a professional and respectful manner is available at https://gatorevals.aa.ufl.edu/students/. Students will be notified when the evaluation period opens, and can complete evaluations through the email they receive from GatorEvals, in their Canvas course menu under GatorEvals, or via https://ufl.bluera.com/ufl/. Summaries of course evaluation results are available to students at https://gatorevals.aa.ufl.edu/public-results/. 14. The assignment sheet is attached. 6 CLASS BASICS ASSIGNMENT I. Introduction Pages The Constitution, Scavenger Hunt (Canvas) XXXIX - LV SEPARATION OF FEDERAL POWERS II. The Federal Judicial Power (Role of Judiciary) A. Authority for Judicial Review Trump v. Hawaii, Marbury, Martin, Cohens 395-406; 1-11 B. Limits on the Federal Judicial Power 1. Interpretive Limits How should the Constitution be interpreted? – Nixon, Heller – 2nd Amend 11-13 286-290; 13-32 III. Federal Executive Power (Division of Power Between Executive & Legislative) A. Inherent Presidential Power Youngstown, review Nixon & Trump B. Legislative Veto (Nondelegation Doctrine) and Its Demise Chadha C. Separation of Powers & Foreign Policy 1. Difference between foreign & domestic policy Curtiss Wright, Zivotofsky v. Kerry 2. Treaties & Executive Agreements Dames & Moore v. Regan 3. War Powers AUMF – Is it appropriate delegation? D. Presidential Power & the War on Terrorism 1. Detentions – Hamdi, Boumediene 2. Military Tribunals – Quirin 275-290 292-293; 304-312 339-351 351-354 354-358 358-387 387-395 IV. The Federal Legislative Power A. Congress & the States: Supremacy of Federal Law Framework McCulloch B. The Necessary & Proper Clause Comstock (in note) C. The Commerce Power 1. Initial Scope of Commercial Power Gibbons 2. 1890s-1937: Limited Federal Commerce Power a. What is commerce? Knight, Carter Coal (both in notes) b. What does “among the states” mean? 1. Direct Effect – Shreveport Rate (in notes) 2. Indirect Effect – Schechter Poultry (in notes) 3. Stream of Commerce – Swift, Stafford, Alton RR (all in notes) c. Social Welfare: State Sovereignty Limits Federal Power Hammer, Ames (both in notes) 3. 1937-1990s: Broad Federal Commerce Power – Demise of State Sovereignty Jones, Darby, Wickard, Heart of Atlanta, Katzenbach, 119-130 155 155-159 159-166 166-187 7 Hodel (skim), Perez (skim), Garcia (skim) 4. 1990- Revival of State Sovereignty: 10th Amend. a. Congress’ Authority to Regulate Commerce Among States Lopez, Raich b. Giving Context to the 10th Amend. New York, Printz, Condon, Sebelius, Murphy 187-199; 207-215 216-236; 130-154; 236- 240 INDIVIDUAL LIBERTIES AS A LIMIT ON THE POWER OF GOVERNMENTS V. Protection of Civil Rights & Civil Liberties A. Bill of Rights & 14th Amendment 1. Application of BOR to states – Privileges and Immunities Clause Barron, Slaughterhouse Cases, Saenz 2. The controversy over incorporation of BOR into D/P Clause of 14th Amend. Palko (skim), Adamson (skim), Duncan (skim), McDonald, Timbs B. The Application of the BOR to Private Conduct 1. Requirement of State Action (waving the wand) Civil Rights Cases: Stanley 2. Exceptions to State Action a. Public functions Marsh, Terry, Evans (skim all 3) b. Entanglement Shelley, Burton (skim), Moose Lodge (skim) Norwood (skim), Brentwood 4. Inaction as State Action? DeShaney 503-516 516-532 532-536 536-540; 543-546; 551- 552 553-556; 561-568; 571- 578 1134-1140 VI. Substantive D/P: Economic Liberties A. Introduction B. The Lochner Era: The Rise of Substantive D/P (using freedom of K to limit government economic regulations) Lochner, Muller, Adkins, Weaver C. The End of Substantive D/P – Starting in 1937 Parrish, Carolene Products, Lee Optical 579-584 584-599 599-606 VII. Substantive D/P: Family, Education, Privacy A. Introduction: Fundamental Rights B. Family Autonomy a. Right of Parents to control upbringing of children Meyer, Pierce b. Marriage Loving c. Family togetherness Moore d. Right to custody of one’s children – who is a parent? Stanley, Michael H e. Grandparents Troxel 903-909 942-945 909-915 938-941 929-938 945-950