Constitutional Law I Course Webpage

Michael D. Ramsey

Professor of Law, University of San Diego Law School

Constitutional Law I, Spring 2010 Course Webpage

COURSE OVERVIEW

Class Meetings: Monday & Wednesday, 2:30 pm – 4:20 pm

Office Hours: 4:20 pm – 4:50 pm Monday

2:15 pm – 4:45 pm Tuesday

4:20 pm – 4:50 pm Wednesday

2:15 pm – 4:45 pm Thursday

Textbook: Geoffrey R. Stone, et al., Constitutional Law (6th edition, Aspen, 2009).

Note: All assignments and course discussion will be made with reference to the sixth edition of this text. The fifth edition is not a suitable substitute.

Additional assignments may be made from materials available on-line.

INFORMATION REGARDING COURSE SCHEDULE

Note: This space will be used for announcements regarding class cancellations, make-ups, optional events of interest, and other updates regarding the course schedule.

I will not hold regular office hours after the end of classes. However, I will hold two days of special office hours as follows:

Friday, May 7, 2010, from 3 pm to 5 pm; and

Tuesday, May 11, 2010, from 2 pm to 5 pm.

You are always welcome to contact me by email. (Note, however, that under the “blackout” rule, I will not answer any exam-related questions within 24 hours of the exam).

COMPLETE LIST OF COURSE ASSIGNMENTS

Assignment for Wednesday, April 28:

Reading List, Part X.

Also, look at the petition for writ of certiorari in Schwarzenegger v. Video Software Dealers’ Ass’n, especially “Statement,” “Reasons for Granting the Petition” and “Part I”

This is the last assignment for the semester.

Assignment for Tuesday, April 27:

Constitutional Law Hypothetical No. 6 (download below)

Assignment for Monday, April 26:

Reading List, Part IX

Also, look at the Supreme Court’s opinion in United States v. Stevens (decided April 20, 2010),

especially Part II

Assignment for Wednesday, April 21:

Reading List, Part VIII

Assignment for Monday, April 19:

Reading List, Part VII. Note: while this assignment is relatively short, the assignment for Wednesday the 21st (Part VIII) is longer and it might be a good idea to read ahead if you are facing a busy week.

Assignment for Wednesday, April 14:

Reading List, Part VI

Assignment for Monday, April 12:

Reading List, Part V

Assignment for Wednesday, April 7:

Reading List, Part IV; focus on Brandenburg (Part IV.D) and Planned Parenthood (Part IV.E)

No Class Monday, April 5

Assignment for Wednesday, Mar. 31:

Reading List, Part III

Assignment for Monday, Mar. 29:

New Reading List [No. 3, download below], Parts I and II. Focus on the Smith and Lukumi cases in Part II.

With respect to the incorporation doctrine, look at the summary of argument in the briefs in McDonald v. City of Chicago, available here:

Petitioners’ brief

National Rifle Association brief

Respondents’ brief

Assignment for Wednesday, Mar. 24:

No new assignment. We will complete the dormant commerce clause discussion and Constitutional Law Hypo #5.

Note: A new reading list will be posted for next week’s assignments.

Assignment for Monday, Mar. 22:

Reading List, Part VI, plus Constitutional Law Hypo #5, dormant commerce clause analysis.

Assignment for Wednesday, Mar. 17:

Reading List, Part V [note: this consists of a supplemental reading, No. 2, which can be downloaded below], plus Constitutional Law Hypo #5 [also download below], preemption analysis only.

Assignment for Monday, Mar. 15:

Reading List, Part IV

Look at the petitioners’ and respondents’ briefs in Gonzales v. Raich:

Petitioners’ brief

Respondents’ brief

Assignment for Wednesday, Mar. 3:

Reading List, Part III; Constitutional Law Hypothetical #4 (download below).

Assignment for Wednesday, Feb. 24:

Reading List, Part II F & G.

Assignment for Monday, Feb. 22:

Federalism Reading List, Part II.B - E.

Assignment for Wednesday, Feb. 17:

(a) Separation of Powers Reading List, Part VI E & F (revised assignment from 2/15). Construct an argument for dismissing Bush v. Gore on political question grounds.

(b) New Reading List (Part 2 — Federalism) [download below], Part I and Part II.A.

Assignment for Monday, Feb. 15 [revised]: Reading List Part VI E & F; Constitutional Law Hypothetical No. 3 (standing issue only) (download below). We will begin class by answering the Standing Hypotheticals, assigned previously.

Assignment for Wednesday, Feb. 10: No new reading; answer the Standing Hypotheticals (download below)

Assignment for Monday, Feb. 8: Reading List Part VI A, B & C (focus on the Lujan and Allen v. Wright cases)

Optional: Look at the summary of argument in the Brief for Petitioner in Free Enterprise Fund v. Public Company Accounting Oversight Board, No. 8-861, available at

http://www.abanet.org/publiced/preview/briefs/pdfs/07-08/08-861_Petitioner.pdf

Assignment for Wednesday, Feb. 3: Reading List Part IV & V; focus on Marbury v. Madison and the role of the Supreme Court in constitutional interpretation.

Assignment for Monday, Feb. 1: Finish Reading List Part III.D, E & F; answer the questions in Constitutional Law Hypothetical #2 (download below).

Assignment for Wednesday, Jan. 27: Begin Reading List Part III.D, E & F. (The supplemental reading can be downloaded below). The principal focus of class will be on the Chadha, Bowsher and Morrison cases from the prior assignment.

Assignment for Monday, Jan. 25: Reading List Part II.E (carried over from last class meeting); Reading List Part III A, B, & C

Assignment for Wednesday, Jan. 20:

(a) Download and answer Constitutional Law hypo #1 (download below)

(b) After answering the hypothetical, read Part II.D. of the Reading List

Assignment for Thursday, Jan. 14: Reading List Part II A, B & C, with focus on Youngstown Sheet & Tube Co. v. Sawyer and Dames & Moore v. Regan.

Assignment for Monday, Jan. 11(first class meeting): Download below.

COURSE DOWNLOADS

Syllabus

Part 1 Assignments (Separation of Powers Reading List)

Assignment for January 11, 2010 (first assignment)

Constitutional Law Hypothetical #1

Supplemental Reading #1