Constitutional Law: Spring 2016
Shoenberger
ashoen1@luc.edu
The text for Constitutional law is Sulllivan and Feldman, Constitutional Law, 18th edition, 2013,
Foundation Press.
Week of Jan. 18
(note the Monday class is rescheduled for Friday). The assignments for the first week of classes is to
read the constitution, particularly the original text, in the casebook at lxv, as well as Marbury v.
Madison, pp 1 - 9.
Pay particular attention when reading Marbury to the procedural context of the case, and carefully read
fn. 1 on page 5.
Week of Jan 25
For the second week of classes: the first exercise I expect in class is after defining the holding of Marbury
v. Madison, then we will examine the presidential statements on pages 24 – 27. Do any conflict with the
actual holding of Marbury?
For the week, pp. 10-33
Martin v. Hunters Lessee, esp. read footnote 1, p. 17 carefully Cohens v. Virginia Cooper v. Aaron
Dickerson Ex parte McCardle and Court Stripping
Week of February 1
Class One
Class Two
Exceptions Clause & Advisory Standing Continued
Opinions, Standing
45-71
34-45
Allen v. Wright
Ex Parte McCardle (Yerger)
Frothingham v. Mellon
Rescue Army, Lujan v. Defenders Vt. Agency of Nat. Resources. v. U.S.
Of Wildlife, Mass. v. EPA
Raines v. Baird
Mootness, Ripeness
Ashwander Rules
Political Questions
Baker v. Carr
Powell v. McCormack
Goldwater
Nixon v. U.S.
Bush v. Gore
Zivotofsky v. Clinton
Week of February 8
Federal Power
Nec. & Prop.
73-96
96-107 U.S. v. Comstock
McColloch v. Maryland
Commerce Clause
U.S. Term Limits v. Thornton 109-118
Gibbons v. Ogden Knight case
Shreveport rate case
Swift & Co. v. U.S.
Champion v Ames
Hammer v. Dagenhart
February 15
Commerce Clause & New Deal 136-156
118-136
U.S. v. Lopez
RR retirement Bd
U.S. v. Morrison
Schechter Poultry
Gonzales v. Reich
Carter v. Carter Coal Co.
NLRB v. Jones & Laughlin Steel
U.S. v. Darby
Heart of Atlanta
Katzenbach v. McClung
Perez. v. U.S.
Wickard v. Filburn
February 22
Affordable Heath Care
Sov. Immunity 179-186
156-179
Ex Parte Young
NFIB v, Sibelius
Seminole Tribe, Alden
Nat. League v. Usery
Kimmel & Garrett
Garcia v. San Antonio
FMC v. S,C. Ports Authority
N.Y. v. U.S;
Central Virginia CC. v. Katz
Printz v. U.S.
February 29 (leap day)
Tax Cont.
Taxing and Spending 187-203
204-217
Child Labor case
S. Dakota v. Dole
U.S. v. Constantine Nat. Fed. Of Independent Bus. v. Sebelius
Sonzinsky v. U.S.
Nat. Fed. Of Independent Bus.
v. Sebelius
Khariger
U.S. v. Butler
Stewart Machine Co
Helvering v. Davis
March 6
Spring break (No I didn’t make that up, look at the official schedule)
March 14
219-233
Dormant CC continued
Commerce Clause
233-256
Gibbons v. Ogden
Philadelphia v. N.J.
Wilson v. Black Bird Creek Marsh Co. Granholm v. Heald
Mayor v. Miln
Maine v. Taylor
Passenger Cases
License Cases
Cooley v. Bd. Of Wardens
Buck v. Kuykendall
Bradley v. PUC
Oregon Waste Systems
West Lynn Creamery v. Healy
Camps Newfound/Owatonna v.
Harrison
Dean Milk v. Madison
Carbone v. Clarkstown
United Haulers v. Oneida-Herkimer
Solid WMA
Dept. of Rev. v. Ky
Participant
South-Central Timber v. Wunnicke
March 21
Dormant CC cont.
Finish last reading assignment
256-273
Privileges and Immunities
Baldwin v. Seelig
273-281
H.P.Hood & Sons. v. Du Mond
United Building et al v. Camden
Hunt v. Washington State Apple Comm’n Piper
Bacchus Imports v. Dias
Preemption and Cong. Consent
Exxon Corp. v. Gov. of Maryland
281-293
Minn. v. Clover Leaf Creamery
Pacific Gas & Electric
Pike v. Bruce Church
Rice v. Santa Fe Elevator, Hines
Kassel v. Consolidated Freightways
Florida Lime, Gade, Wyeth, Crosby
S.C. v. Barnwell Bros.
Prudential Insurance v. Benjamin
So. Pacific Co. v. Arizona
White v. Mass.
Bibb v. Navajo Freight Lines
State Taxation of Interstate Bus. etc
Lewis v. BT Investment Managers
293-296
Edgar v. Mite & CTS v, Dynamics
March 28
Separation of Powers
We will go through Ch. 6
Skim Chapter 6 as per
Starting with the steel seizure case
class assignment to be announced
Belmont, Dames & Moore,
War Power and Sep. of Powers
War Powers Resolution
Reid v. Covert
U.S. v. Curtis Wright Export
Youngstown Sheet & Tube
U.S. v. Belmont
War Powers Resolution
U.S. v. Curtis Wright Export
Missouri v. Holland
Dames and Moore v. Regan
April 4
Habeas Corpus
320-345
President Lincoln
Ex Parte Milligan
Ex Parte Quirin
345-367
Rumsfeld v. Padilla
Military Tribunals
Hamdan v. Rumsfeld
Boumediene v. Bush
Market
Johnson v. Eisentrager
Rasul v. Bush
Hamdi v. Rumsfeld
Reid v. Covert
Woods v. Miller
Missouri v. Holland
April 11
Cong. Limits on the President
391-424
367-391
Morrison v. Olson
Curtis-Wright
Mistretta
INS v. Chadha
Woods v. Miller
Clinton v. N.Y.
Missouri v. Holland
Bowsher v. Synar
Reid v. Covert
Meyers v. U.S.
Impeachment
Humphrey’s Executor
U.S. v. Nixon
Clinton v. Jones
April 18
Individual Rights
425-446
Barron v. City of Baltimore
Slaughter House Cases
Crandall v. Nevada
Edwards v. California
Dred Scott v. Sandford
Saenz v. Roe
Shapiro v. Thompson
Meyer v. Nebraska
Pierce v. Society of Sisters
Skinner v. Oklahoma
April 25
509-528
Progeny of Roe
Casey
undue burden standard
Gonzales v. Carhart
450-453
Duncan v. Louisiana
Substantive Due Process
471-483
Lochner
Nebbia v. N.Y.
492-509
Griswold v. Connecticut
Roe v. Wade
529-562
Marriage and Family Relations
Loving v. Virginia
Zabloki v. Redhail
Turner v. Safley
Moore v. East Cleveland
Belle Terre v. Boraas
Michael H. v. Gerald D.
Bowers v. Hardwick Lawrence v. Texas Death & rt to die
Troxil v. Granville
Cruzan v. Missouri Dept. of Health
Glucksberg & Vacol v. Quill