Professor Gotanda §201A
Telephone: 714-459-1135
Office Hours: T 3:00-5:00 & by appt.
E-mail: ngotanda@earthlink.net
Fall Semester 2008
E-mail: neilg@wsulaw.edu
CONSTITUTIONAL LAW I – COURSE SYLLABUS
DAY SECTION 201A - Tues-Thurs 9:00-10:30am
Fall 2008 (TENTATIVE – June 28, 2008)
TEXTBOOK: Constitutional Law, Chemerinsky (2d Ed., 2005); 2008 Supp. (when available)
OPTIONAL-RECOMMENDED: Constitutional Law: Principles and Policies, 3d Ed.,
Chemerinsky
TWEN Registration is MANDATORY. We will use Westlaw TWEN to host our class website. The
course Syllabus and all class materials will be posted there. Class communications will be by email
through the TWEN website.
We will be reading all cases and all notes (except where indicated). All materials (including cases
from the 2008 Supp) are testable on the Final Exam essay questions unless specifically excluded in
the syllabus or in class. The principal cases are testable in the multiple-choice question
examinations. A Caselist of testable cases is available on the TWEN site.
READING ASSIGNMENTS: We will be reading Chapters 1-7 in the Chemerinsky textbook. The
Chemerinsky Hornbook, Third Edition is highly recommended.
EXAMINATIONS, QUIZZES and GRADING:
PASS-FAIL ESSAY QUIZZES: There will be on-line essay quizzes for review. The
quizzes will be graded for evaluation. For credit, you need only submit an answers to the Essay
Quiz. MISSING THREE ESSAY QUIZZES WILL REDUCE THE COURSE GRADE by one step
(e.g., from B+ to B or from B- to C+).
MIDTERM: There will be a GRADED one-hour multiple-choice in-class midterm based on
assigned cases. The midterm will count 25% of your course grade. The Midterm will cover cases
for Weeks 1-7
FINAL EXAM: The three-hour final examination will count 75% of the course grade. The
final exam will consist of a multiple-choice section that counts for 25% of the course grade, and an
essay section that counts for 50% of the course grade. The multiple-choice section will cover cases
from Weeks 8-14.
CLASS PARTICIPATION: Normally, class participation will not count towards the overall
course grade. However, consistent lack of preparation over the semester may result in a reduction
of up to an additional one-step of the overall course grade.
ATTENDANCE: The WSU policy on required attendance at all classes will be followed.
OFFICE HOURS: Tuesday 3:00-5:00 and by appointment.
TEXT, HORNBOOK, OUTLINES AND SUPPLEMENTAL MATERIALS: Our textbook is
Chemerinsky, 2d edition along with the 2008 Supplement. No other edition is acceptable. The
ONLY HORNBOOK that is acceptable is Chemerinsky, 3d Edition. NO COMMERCIAL
OUTLINES ARE RECOMMENDED. Use of Bar Preparation Outlines is STRONGLY
DISCOURAGED. Use of Bar Preparation Outlines has, in the past, been very detrimental to some
students. Keep in mind that Fleming, Karney and BAR-BRI are NOT grading this examination.
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BEFORE THE FIRST CLASS Register for TWEN and take the OPEN BOOK QUIZ on Text of
Constitution. This is one of the mandatory Quizzes.
INTRO (8-21)
CONSTITUTION, Articles I-VII and Amendments – pp. xxxix-liv
CHAPTER ONE – THE FEDERAL JUDICIAL POWER
Week 1A (8-26)
pp. 1-10
Week 1B (8-28)
pp. 10-23;
District of Columbia v. Heller __ S.Ct. __ (2008)
Week 2A (9-2)
First Online Essay Quiz Due Monday 9-1 (12:00pm - Noon)
pp. 24-42
Week 2B (9-4)
pp. 42-58
Massachusetts v. EPA 127 S.Ct. 1438 (2007)
Week 3A (9-9)
58-77
Hein v. Freedom from Religion Foundation 127 S.Ct. 2553 (2007)
DaimlerChrysler Corp. v. Cuno 126 S.Ct. 1854(2006)
Week 3B (9-11)
pp. 77-98
Federal Election Commission v. Wisconsin Right to Life (Supp)
LULAC v. Perry 126 S.Ct. 2594 (2006)
CHAPTER TWO – THE FEDERAL LEGISLATIVE POWER
Week 4A (9-16)
Second Online Essay Quiz Due Monday 9-16 (12:00 - Noon)
pp. 99-112
Week 4B (9-18)
pp. 112-129
Week 5A (9-23)
pp. 129-152
Week 5B (9-25)
pp. 153-176
Gonzales v. Raich 125 S.Ct. 2195 (2005)
Week 6A (9-30)
Third Online Essay Quiz Due Tuesday 9-30 (12:00pm - Noon)
pp. 176-197; 198-207; 207-222
OMIT pp. 222-269 (Lecture on Eleventh Amendment)
(See Eleventh Amendment in Chemerinsky’s Hornbook)
Week 6B (10-2)
NO CLASS
CHAPTER THREE – THE FEDERAL EXECUTIVE POWER
Week 7A (10-7)
pp. 271-287; 287-292.
pp. 292-298; 299-307
Week 7B (10-9)
pp. 307-320
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pp. 354-364 [NOTE PAGES: out of sequence]
Week 8A (10-14)
pp. 320-331; 331-354
Hamdan v. Rumsfeld 548 U.S. ____ (2006)
Boumediene v. Bush __ U.S. __ (2008)
Week 8B (10-16)
MIDTERM (Multiple Choice Chapters 1-3)
CHAPTER FOUR – LIMITS ON STATE REGULATORY AND TAXING POWER
Week 9A (10-21)
Fourth Online Essay Quiz Due Monday 10-27 (12:00pm - Noon)
pp. 365-381; 381-410
Week 9B (10-23)
pp. 411-414
Granholm v. Heald 125 S.Ct. 1885 (2005)
pp. 414-423
Amercn Trckng Assn v. Mich Pub Svc Comm 125 S.Ct. 2419 (2005)
pp. 423-431;
OMIT pp. 432-443 (Lecture on Privileges & Immunities)
(See Privileges & Immunities Clause in Hornbook)
CHAPTER FIVE – THE STRUCTURE OF THE CONSTITUTION’S PROTECTION OF
CIVIL RIGHTS AND CIVIL LIBERTIES
Week 10A (10-28)
pp. 445-448
pp. 448-468 (Comment on Application of Bill of Rights)
(Also see, Application of Bill of Rights to States in Hornbook)
pp. 469-490
OMIT pp. 490-495
pp. 495-499
OMIT 499-518
CHAPTER SIX – ECONOMIC LIBERTIES
Week 10B (10-30)
Lecture on Chapter 6 – Economic Liberties
pp. 519-531;
OMIT 531-558 (Also see, Economic Substantive Due Process in
Chemerinsky’s Hornbook).
OMIT 558-574 (Also see, Contracts Clause materials in
Chemerinsky’s Hornbook).
Takings is studied in Property – Takings materials are omitted.
OMIT 574-616 (Comment on Takings cases)
OMIT Lingle v. Chevron U.S.A. 125 S.Ct. 2074 (2005)
OMIT Kelo v. City of New London 125 S.Ct. 2655 (2005)
Week 11A (11-4)
Fifth Online Essay Quiz Due Monday 11-3
Videos
CHAPTER SEVEN – EQUAL PROTECTION
Week 11B (11-6)
pp. 617-671
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Johnson v. California 125 S.Ct. 1141 (2005) (Supplement)
Week 12A (11-11)
pp. 670-706
Week 12B (11-13)
706-747
747-751 – Comment on Voting cases
(Also see, Voting materials in Chemerinsky’s Hornbook)
Parents Involved in Commnty Schls v. Seattle Schl Dist. No. 1 (supp)
Week 13A (11-18)
Sixth Online Essay Quiz Due Monday 10-28
752-789
Week 13B (11-20)
789-813
Week 14A (11-25)
Practice Essay Exercise
TBA
Question and Answer
Final Examination: TBA
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