CONSTITUTIONAL LAW 306

Reference #

Spring 2008

Professor Donna K. Axel, Esq.

R-517

Phone (201) 200-3574

E-mail: daxel@njcu.edu

Office hours:

Required Readings

The Supreme Court Explained (SC), Ellen Greenberg

The U.S. Constitution (found in the appendix of Ellen Greenberg’s book)

Packet

Legal Cases: Available Online:

Legal Information Institute: http://www.law.cornell.edu/

FindLaw: http://findlaw.com/

FindLaw’s Constitutional Law Center page: http://supreme.lp.findlaw.com/

Course Requirements

A. Class Participation: 25% Expected and Non-Negotiable

B. Homework: 20% On-Time and Only an Exception with a Doctor’s Note

Almost every class, I will ask you to hand in an assignment, including answers to questions about the required readings; a response to question(s) about either a film or in-class reading; or a “case brief.” No late assignments are accepted without my express permission.

C. In-Class Writing Assignments/Quizzes: 20%

If you miss a class, it is your responsibility to contact me and your colleagues regarding any missed assignments.

B. Midterm Assignment: 15%

This paper includes short essay responses. Your responses should demonstrate a synthesized knowledge of the topics discussed in class as well as the required readings.

C. Final Project/Paper: 10%

This final includes short essay responses to hypothetical situations and other questions based upon the entire semester.

D. Presentations 10%

Each student will be asked to present specific legal cases and/or views, summaries, ideas based on specific readings, including cases, using powerpoint. Each presentation lasts no more than 5 minutes, with 5 minutes for questions.

CONSTITUTIONAL STRUCTURES

HISTORY, CONTEXT & STRUCTURE OF THE U.S. CONSTITUTION

Class 1: Drafting the Constitution: http://www.teachertube.com/view_video.php?viewkey=4f335affb418aee08a6d

Articles & Amendments

Federalist v. Anti-Federalist views re: Federalist Paper No. 78: http://www.landmarkcases.org/marbury/judicialpower.html

Separation of Powers: Horizontal Power

Vertical Power: State & Federal Powers

THE FEDERAL JUDICIAL POWER: U.S. Const., Art. III (Classes 2-4)

Class 2: The Authority for Judicial Review

Readings: Print and Brief in the margins: Marbury v. Madison: http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=5&page=137

AND “The Story of Marbury v. Madison: Making Defeat Look Like a Victory,” Michael W. McConnell.

In-class: Federalist Paper No. 78: http://www.landmarkcases.org/marbury/judicialpower.html

In-class: Art. III & http://www.landmarkcases.org/marbury/outcome.html

Class 3: Original & Appellate Jurisdiction: U.S. Const., Art. III, Sec. 2

Limits on the Federal Judicial Power: Limitations on Congressional Statutory Regulation

Readings: Outline re: Constitutional Law

AND Print, bring to class: Ex Parte McCardle (Also: brief it in the margins): http://supreme.justia.com/us/74/506/case.html

Wikipedia summary: http://en.wikipedia.org/wiki/Ex_parte_McCardle AND

Oyez summary: http://www.oyez.org/cases/1851-1900/1868/1868_2/

Constitutional & Self-Imposed Limitations on Exercise of Federal Jurisdiction

No Advisory Opinions

Not if case is: MOOT, only if case is RIPE

Not if it is a POLITICAL QUESTION

Not if there are ADEQUATE & INDEPENDENT STATE GROUNDS

ONLY IF case is RIPE and plaintiff has STANDING

Constitutional Standing Requirements

1. Injury in Fact

2. Causation

3. Redressability

Class 4: Hypothetical Situations

THE FEDERAL LEGISLATIVE POWER: U.S. Const., Art. II (Classes 5-10)

Class 5

Readings: McCulloch v. Maryland;

AND “The Story of McCulloch: Banking on National Power,” Daniel A. Farber.

Enumerated & Implied Powers

Necessary & Proper “Power”

Taxing Power

Spending Power

Commerce Power

War & Related Powers

Property Power

No Federal Police Power

Bankruptcy Power

Postal Power

Naturalization/Citizenship Power

Admiralty Power

Coining Money & Weights and Measurement Powers

Classes 6-8: Enumerated Powers: The Commerce Power

Gibbons v. Ogden , U.S. 1 (1824).
Wickard v. Filburn , 317 U.S. 111 (1942).
Gonzales v. Raich ,

Class 9: Hypothetical Situations re: Commerce and Civil Rights

1. Heart of Atlanta Motel v. United States,

2. Katzenbach v. McClung, Jr.,

Class 10: Commerce and the 10^th Amendment

3. United States v. Lopez, 514 U.S. 549 (1995).

4. United States v. Morrison, 529 U.S. 598 (2000).

CLASSES 11-13: Student Presentations

POSSIBLE TOPICS:

LIMITS ON STATE REGULATORY POWER AND TAXING POWER

The Dormant Commerce Clause

Facially Discriminatory Laws

1. City of Philadelphia v. New Jersey,

2. Granholm v. Heald,

Facially Neutral Laws

1. Hunt v. Washington State Apple Advertising Commn. , 402-404

2. American Trucking Assoc. v. Michigan Public Service Comm. Supp. at 24-26

FEDERAL EXECUTIVE POWER

1. Youngstown Sheet &Tube Co. v. Sawyer, 272-280

2. Note, The Scope of Inherent Power: The Issue of Executive Privilege,

3. United States v. Nixon,

The Authority of Congress to Increase Executive Power

1. William J. Clinton v. City of New York,

The Legislative Veto and Its Demise

1. I mmigration and Naturalization Service v. Chatham,

The Appointment Power

1. Morrison v. Olsen,

The Removal Power

1. The Impeachment of Andrew Johnson,

2. Myers v. United States,

3. Humphrey’s Executor v. United States,

4. Wiener v. United States,

5. Bowshar v. Synar, 317-318

6. Morrison v. Olsen, 318-319

War and the Constitution

1. War Powers Resolution

2. Detention of Non-Citizens in the War Against Terrorism

3. Ex Parte Quirin

4. Hamdi v. Rumsfeld,

Checks on the President

1. Nixon v. Fitzgerald,

2. Clinton v. Jones,