CONSTITUTIONAL LAW I
Professor Mike Ramsey
Spring 2014
Reading List
Unit 1 – Separation of Powers within the National Government
____________________
Note: All paginated assignments refer to the casebook (Sullivan & Feldman, Constitutional Law
[18th ed. 2013]). Assignments designated as supplemental reading, hypotheticals or writing
assignments are available for download from the course webpage.
I.
Introduction
A.
B.
C.
II.
The Executive Power
A.
B.
C.
D.
E.
F.
III.
Text of the Constitution (pp. lxv-lxxix)
Find and read a brief historical account of the 1787-88 drafting and ratification of
the Constitution
Consider and be prepared to discuss the following: Why do we need a
Constitution? What purposes does a constitutional system serve, as compared
to a system of simple majority rule?
Introduction to separation of powers (pp. 297-298)
Supplemental reading #1: historical introduction to executive power
The Steel Seizure Case and accompanying notes (pp. 298-308)
Dames & Moore v. Regan accompanying notes (pp. 310-317)
Executive power and the war on terror:
(a) Hypothetical #1: Executive Power
(b) Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and accompanying notes (pp.
335-355)
Executive privileges and immunities: U.S. v. Nixon, Clinton v. Jones, and related
notes and comments (pp. 405-424 [not including note 4(f) on p. 424)
The Legislative Power
A.
B.
C.
D.
E.
INS v. Chadha & accompanying notes (pp. 367-375)
Congressional control over executive officers: Bowsher v. Synar, Morrison v.
Olson and accompanying notes (pp. 383-399)
Supplemental reading #2: Legislative control of administrative agencies
Clinton v. New York (pp. 377-383)
Hypothetical # 2: Legislative power
1
IV.
The Judicial Power: (i) Judicial Review
A.
B.
C.
D.
V.
The Judicial Power: (ii) Limits on the Judicial Power
A.
B.
C.
D.
E.
F.
VI.
Marbury v. Madison and accompanying notes (pp. 1-16)
Martin v. Hunter’s Lessee and accompanying notes (pp. 16-20)
Cooper v. Aaron and accompanying notes (pp. 20-29)
Note on “Political Restraints on the Supreme Court” (pp. 29-34)
Introduction to “case or controversy” requirements (pp. 34-36)
Lujan v. Defenders of Wildlife and Massachusetts v. EPA (pp. 36-45)
Notes on standing (pp. 45-53)
Notes on ripeness and mootness (pp. 53-54)
Standing hypotheticals (hypothetical handout #3)
Political questions: Baker v. Carr and accompanying notes, esp. Nixon v. United
States and Bush v. Gore (pp. 53-71)
Writing Assignment
A.
Separation of Powers writing assignment
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