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.
1
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
2
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
1. Gibbons v. Ogden, U.S. 1 (1824).
2. Wickard v. Filburn, 317 U.S. 111 (1942).
3. 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 10th 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. Immigration and Naturalization Service v. Chatham,
The Appointment Power
1. Morrison v. Olsen,
3
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,
4