Constitutional Law I: Governance
PSC 4263
University of Oklahoma
Professor Justin J. Wert jwert@ou.edu
Adams 311
MW 3:00-4:15
Overview
American Constitutional Law I explores the role of the United States Supreme Court in the historical and contemporary political struggles concerning the structure, distribution, and uses of national governmental power in the American polity. We will study these struggles chronologically and substantively. Substantively, we will examine the Constitution’s allocation of powers vertically between the national government and the states and horizontally among the legislative, executive, and judicial branches; the changing understandings of the relationship between the economic powers of private individuals and the national government; the powers of the national government over non-citizens; and the Constitution’s allocation of war making powers. The development of these substantive themes will further allow us to trace the rise of larger constitutional concepts such as judicial review and the powers of courts more generally; the varying levels of scrutiny federal courts employ to resolve due process, equal protection, and privileges and immunities claims; and the relative influence on the Supreme Court from both the executive and congress.
Course Requirements
There are four graded components to the course, each of which must be completed to receive a grade:
1.
Mid-term examination (bluebook style) 35%
2.
Case Briefs 20% http://www.lexisnexis.com/en-us/lawschool/pre-law/how-to-brief-a-case.page
3.
Participation
4.
Final Examination (bluebook style)
10%
35%
Texts:
1.
David M. O’Brien,
Constitutional Law and Politics, Vol. 1, 9 th
ed., New York: W.W.
Norton, 2014.
1

COURSE SCHEDULE
WEEK 1
Aug. 18 & 20

Introduction

Federalist #78 http://thomas.loc.gov/home/histdox/fed_78.html
WEEK 2
Aug. 25 & 27
Foundations of Constitutional Law
 Constitution (entire)
 O’Brien Ch. 1, Part A
Cases
 Calder v. Bull
 Marbury v. Madison
WEEK 3
Sept. 3
The Supreme Court, Judicial Review and Constitutional Politics
 O’Brien, Ch. 1, Part B

Scalia, "Originalism: The Lesser Evil" (D2L)

Brennan, "The Constitution of the United States: Contemporary Ratification" (D2L)

Rehnquist, "The Notion of a Living Constitution" (D2L)

Dworkin, "Taking Rights Seriously: Constitutional Cases" (D2L)
2

WEEK 4
9/8 & 9/10
The Development and Demise of a Liberty of Contract
 O’Brien, Ch. 9, Part B
Cases
 The Slaughterhouse Cases
 Munn v. Illinois
 Lochner v. New York
 Muller v. Oregon
 West Coast Hotel v. Parrish
Cases
 McCulloch v. Maryland
 Gibbons v. Ogden
 United States v. E.C. Knight Co.
 Hammer v. Dagenhart
WEEK 5
9/15 & 9/17
Congress’ Legislative Powers
 O’Brien, Ch. 6, parts A & B
3

WEEK 6
9/22 & 9/24
From the New Deal to the Administrative State
 O’Brien, Ch. 6, Part C
Cases
 NLRB v. Jones & Laughlin Steel
 United States v. Darby Lumber
 Wickard v. Filburn
 Heart of Atlanta Motel v United States
 United States v. Lopez
 City of Boerne v. Flores
 United States v. Morrison
 Gonzales v. Raich
 National Federation of Independent Business v. Sebelius
WEEK 7
9/29 & 10/1
 Tuesday: Midterm Review
 Thursday: Midterm Examination
WEEK 8
10/6 & 10/8
Domestic Executive Power I
 O’Brien Ch.4, Parts A, B, C, & D
Cases
 Youngstown Sheet & Tube v. Sawyer
 New York Times v. United States
 Humphreys Executor
 Bowsher v. Synar
 Morrison v. Olson
4

 Schecter Poultry v. United States
 INS v. Chadha
 Clinton v. City of New York
 United States v. Nixon
Week 9
10/13 & 10/15
Domestic Executive Power II
 O’Brien Ch. 4, Part C
WEEK 10
10/20 & 10/22
The States & Federalism
 O’Brien Ch. 7, Parts A &B
Cases
 Cooley v. Board of Wardens
 Pennsylvania v. Nelson
 Garcia v. San Antonio Metropolitan Transit
 New York v. United States
 Printz v U.S
 Seminole Tribe of Florida v. Florida
 Alden v. Maine
WEEK 11
10/27 & 10/29
Voting Rights and Representative Government
 O’Brien Ch.8 Parts A & B
Cases
 South Carolina v. Katzenbach
 Gomillion v. Lightfoot
 Wesberry v. Sanders
 Reynolds v. Sims
 Shaw v. Reno
 Hunt v. Cromartie
 Shelby County v. Holder
5

WEEK 12
11/3 & 11/5
Campaigns & Elections
 O’Brien, Ch. 8, Part C
Cases
 Bush v. Gore
 Buckley v. Valeo
 McConnell v. FEC
 FEC v. Wisconsin Right to Life
 Citizens United v. FEC
WEEK 13
11/10 & 11/12
Economic Rights & American Capitalism
 O’Brien, Ch. 9, Parts A & C
Cases
 Fletcher v. Peck
 Trustees of Dartmouth College v. Woodward
 Charles River Bridge v. Warren Bridge
 Home Building & Loan Association v. Blaisdell
 United States Trust Company v. New Jersey
 Hawaii Housing Authority v. Midkiff
 Lucas v. South Carolina Coastal Council
 Kelo v. City of New London
6

Cases
 The Prize Cases
 Ex parte Milligan
 Korematsu v. United States
 Rasul v. Bush
 Hamdi v. Rumsfeld
 Hamdan v. Rumsfeld
 Boumediene v. Bush
WEEK 14
11/17 & 11/19
War-Making and Emergency Powers
 O’Brien, Ch. 3, Part D
Week 15
11/24 & 11/26
No Class – Thanksgiving Break
Week 16
12/1 & 12/3
Final Exam Review
7