Constitutional Law: Advanced Topics

(Constitutional Law II)

Time: MW 11:00–11:50 A.M. Room: 108

Instructor: Steven J. Macias Office: 234

Email: smacias@siu.edu Phone: 618-536-8464

Office Hours: TBD

Description

The goal of this advanced Constitutional Law course is to pick up where the required course

leaves off, focusing on individuals rights not covered in the primary course, yet tested on the bar

exam. This semester, we will be focusing on four specific areas of law: (1) the Second

Amendment, (2) Voting Rights, (3) Property Rights, and (4) Congressional Enforcement Power

of Civil Rights. At the same time that we are covering new legal doctrines, we are

simultaneously reinforcing the methods of analysis to which you were introduced in

Constitutional Law. By the end of the course, students should have fully mastered individual-

rights analysis. Because our substantive topics are limited, we will be able to spend much more

time focusing on problem-solving skills and bar exam preparation than is possible in the required

course.

Reading Materials

There is a required course reader, which is a compilation of chapters from various casebooks.

The reader should be available at 710 Bookstore. However, please note, there have been some

delays in clearing copyright permissions, which may result in multiple installments. The

Chemerinsky treatise, which was recommended in your first Constitutional Law course, will also

be valuable for this course.

Writing Assignments

Because most of the material we will cover is potential bar exam material, we will periodically

practice writing out old bar exam questions, including essays, multiple choice, and performance

tests. Although writing assignments will not be graded, they will serve as the basis for class

discussion and individualized feedback.

Evaluation

There will be a take-home examination that will account for your final grade. You will be able

to pick up the exam from the registrar’s office at any point during the examination period and

turn it in 24 hours later. The instructions from the Registrar are as follows:

You are to spend no more than a single 24-hour period completing this exam. Pick up exam in

the Registrar’s Office starting at 9:00 A.M., Tuesday, April 29. (No pick up all day Saturday,

May 3. No turn in after 11:00 A.M. on Saturday, May 3. No pick up or turn in all day Sunday,

May 4). Due no later than 12:00 P.M. on Friday, May 9 to the Registrar’s Office.

Detailed information on the exam format will follow later in the semester. However, the exam

will consist of several essay questions and all students will be bound by a word limitation.

Overview

INTRODUCTION: REVIEW OF RIGHTS (1–2 days)

Review of individual rights analysis

History of the original intent behind individual and natural rights

THE SECOND AMENDMENT (3 weeks)

Early Second Amendment Decisions

Heller: Individual right to possess guns

McDonald: Incorporating the Second Amendment

PROPERTY RIGHTS (4 weeks)

Takings Clause

Contracts Clause

CONGRESSIONAL ENFORCEMENT POWERS UNDER 13TH, 14TH, & 15TH AMENDMENTS (1.5 weeks)

Statutory enforcement of civil rights

Congressional Power under Amdt. XIV, § 5

VOTING RIGHTS (4 weeks)

Voting Qualifications—Who can be excluded?

One person, one vote

Reading Assignments

Class Date Topic Pages

1 Jan. 13 Review of Rights Analysis 1–44 (Kmiec)

2 Jan. 15 Intro to Second Amendment 347–67 (Johnson)

3 Jan. 22 Heller: Majority Opinion 577–600 (Johnson)

4 Jan. 27 Heller: Dissents 600–38 (Johnson)

5 Jan. 29 McDonald: Majority & Scalia

Concurrence

638–56 (Johnson)

6 Feb. 3 McDonald: Thomas Concurrence 656–80 (Johnson)

7 Feb. 5 McDonald: Dissents 680–724 (Johnson)

8 Feb. 10 What is a “taking”? 1577–92 (Barnett)

9 Feb. 12 “Taking”—Nollan and Dolan 1592–1604 (Barnett)

10 Feb. 17 “Taking”—New Cases Supp. 87–106 (Barnett)

11 Feb. 19 What is a “public use”? 1604–26 (Barnett)

12 Feb. 24 Contracts Clause—Marshall Court 1–23 (Strang)

13 Feb. 26 Contracts Clause—Taney Court 23–41 (Strang)

14 Mar. 3 Contracts Clause—New Deal Era 41–60 (Strang)

15 Mar. 5 Contracts Clause—Today 60–78 (Strang)

16 Mar. 17 Congressional Enforcement of Civil

Rights

1058–75 (Varat)

17 Mar. 19 Remedial & Interpretive Power 1075–93 (Varat)

18 Mar. 24 Interpretive Power, cont. 1093–1115 (Varat)

19 Mar. 26 Voting Rights—15th Amdt. & Literacy 1–22 (Dimino)

20 Mar. 31 Voting—Literacy & Poll Tax 22–44

21 Apr. 2 Voting—Exclusion of Felons 45–60

22 Apr. 7 Voting—Interest-based Limitations 60–85

23 Apr. 9 Voting—Residency Restrictions 85–101

24 Apr. 14 Origins of “One Person, One Vote” 161–92

25 Apr. 16 Apportionment 192–215

26 Apr. 21 Requiring Super-majorities 215–24

27 Apr. 23 Final Review