Professor Gotanda §201B & §201C
Telephone: 714-459-1135
Office Hours: T 3:00-4:00, W 5:00-6:00 pm & by appt.
Fall Semester 2007
E-mail: neilg@wsulaw.edu
E-mail: ngotanda@earthlink.net
CONSTITUTIONAL LAW I – COURSE SYLLABUS
DAY SECTION 201B – EVENING SECTION 201C
Fall 2007 (TENTATIVE – August 7, 2007)
TEXTBOOK: Constitutional Law, Chemerinsky (2d Ed., 2005); 2007 Supp. (when available)
OPTIONAL: Constitutional Law: Principles and Policies, 3d Ed., Chemerinsky
We will be reading all cases and all notes (except where indicated). All materials (including cases
from the 2006 Supp) are testable unless specifically excluded in the syllabus or in class. The
principal cases are testable in the multiple-choice question examinations.
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:
ESSAY QUIZZES: There will be on-line essay quizzes for review. The quizzes will be
graded for evaluation. For credit, taking the quiz will be a pass. FAILURE TO TAKE ALL
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 3:00-4:00, Wednesday 5:00-6:00 pm and by appointment.
TWEN Class Website: We will use Westlaw TWEN to host our class website. Registration on the
class TWEN website is required. The course Syllabus and all class materials will be posted there.
Class communications will be by email through the TWEN website.
TEXT, HORNBOOK, OUTLINES AND SUPPLEMENTAL MATERIALS: Our textbook is
Chemerinsky, 2d edition along with the 2007 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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NOTE: 201C Evening Class assignment is parts A & B for each week.
Week 1A (8-21)
CONSTITUTION, Articles I-VII and Amendments – pp. xxxix-liv
*****Register for TWEN and
*****Take the OPEN BOOK QUIZ on Text of Constitution
CHAPTER ONE – THE FEDERAL JUDICIAL POWER
Week 1B (8-23)
pp. 1-10; (OMIT pp. 10-23)
Week 2A (8-28)
pp. 24-34
Week 2B (8-30)
pp. 34-49
Week 3A (9-4)
Day Section 201B – First Online Essay Quiz Due Monday 9-4
Eve Section 201C – First Online Essay Quiz Due Tuesday 9-5
pp. 49-66
DaimlerChrysler Corp. v. Cuno 126 S.Ct. 1854(2006)
Week 3B (9-6)
pp. 67-98
LULAC v. Perry 126 S.Ct. 2594 (2006)
CHAPTER TWO – THE FEDERAL LEGISLATIVE POWER
Week 4A (9-11)
pp. 99-112
Week 4B (9-13)
pp. 112-129
Week 5A (9-18)
Day Section 201B – Second Online Essay Quiz Due Monday 9-18
Eve Section 201C – Second Online Essay Quiz Due Tuesday 9-19
pp. 129-152
Week 5B (9-20)
pp. 153-176
Gonzales v. Raich 125 S.Ct. 2195 (2005)
Week 6A (9-25)
pp. 176-197; 198-207; 207-222
OMIT pp. 222-269 (Lecture on Eleventh Amendment)
(See Eleventh Amendment in Chemerinsky’s Hornbook)
CHAPTER THREE – THE FEDERAL EXECUTIVE POWER
Week 6B (9-27)
pp. 271-287; 287-292.
pp. 292-298; 299-307
Week 7A (10-2)
Day Section 201B – Third Online Essay Quiz Due Monday 10-2
Eve Section 201C – Third Online Essay Quiz Due Tuesday 10-3
pp. 307-320
pp. 354-364 [NOTE PAGES: out of sequence]
Week 7B (10-4)
pp. 320-331; 331-354
Hamdan v. Rumsfeld 548 U.S. ____ (2006)
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Week 8A (10-9 & 10-10)
MIDTERM (Multiple Choice Chapters 1-3)
Week 8B (10-11)
No Class
CHAPTER FOUR – LIMITS ON STATE REGULATORY AND TAXING POWER
Week 9A (10-16)
pp. 365-381; 381-410
Week 9B (10-18)
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 (10-23)
Day Section 201B – Fourth Online Essay Quiz Due Monday 10-23
Eve Section 201C – Fourth Online Essay Quiz Due Tuesday 10-24
pp. 445-448
OMIT 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 (10-25)
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 (10-30)
Videos
CHAPTER SEVEN – EQUAL PROTECTION
Week 11B (11-1)
pp. 617-671
OMIT Johnson v. California 125 S.Ct. 1141 (2005) (Supplement)
[Discussion Cases: U.S. v. Korematsu & Brown v. Board of Ed]
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Week 12A (11-6)
Day Section 201B – Fifth Online Essay Quiz Due Monday 11-6
Eve Section 201C – Fifth Online Essay Quiz Due Tuesday 11-7
pp. 670-706
[Discussion Case: Washington v. Davis]
Week 12B (11-8)
706-747
[Discussion Case: Richmond v. Croson]
OMIT 747-751 – Comment on Voting cases
(Also see, Voting materials in Chemerinsky’s Hornbook)
Week 13A (11-13)
752-789
Week 13B (11-15)
789-813
Week 14A (11-20)
Practice Essay Exercise
Week 14B (11-26)
Question and Answer
Final Examination: TBA 6:00-9:00 PM
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