American Constitutional Law I: Governance
Political Science 4020
University of Oklahoma
Professor Justin J. Wert
George Lynn Cross 131
TR 1:30-2:45
Overview
American Constitutional Law I explores the role of constitutional principles and the U.S.
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.
2.
3.
4.
Mid-term examination (bluebook style)
Short Paper
Participation
Final Examination (bluebook style)
30%
30%
10%
30%
Texts:
1. David M. O’Brien, Constitutional Law and Politics, Vol. 1., 8th ed., New York: W.W.
Norton, 2011.
2. Various readings available on D2L.
Academic Misconduct
"Honesty is fundamental in all academic activities, and those privileged to be members of a
university community have a special obligation to observe the highest standards of honesty and a
right to expect the same standards of all others. Academic misconduct in any form is inimical to
the purposes and functions of the University and therefore is unacceptable and rigorously
proscribed." (Academic Misconduct Code, Norman Campus). Incidents of plagiarism, or any
1
other forms of academic misconduct, will not be tolerated.
http://www.ou.edu/provost/integrity/
For more information:
Accommodating Students with Disabilities
Any student in this course who has a disability that may prevent him or her from fully
demonstrating his or her abilities should contact me personally as soon as possible so we can
discuss accommodations necessary to ensure full participation and facilitate your educational
opportunities.
COURSE SCHEDULE
WEEK 1
8/23 & 8/25
Foundations of Constitutional Law
 Constitution (entire)
 The Federalist #78 http://thomas.loc.gov/home/histdox/fedpapers.html
 Begin O’Brien, Ch. 1, Part A
WEEK 2
8/30 & 9/1
NO CLASS Sept. 1
The Supreme Court, Judicial Review and Constitutional Politics
Cases
 O’Brien Ch. 1, Part A
 Calder v. Bull
 Marbury v. Madison
Readings:




Kent’s Introductory Lecture
The Virginia and Kentucky Resolutions
President Jackson’s Veto Message
President Roosevelt’s Radio Broadcast, March 9, 1937
2
WEEK 3
9/6 & 9/8
Theories (and Politics) of Constitutional Interpretation





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)
WEEK 4
9/13 & 9/15
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
WEEK 5
9/20 & 9/22
Congress’ Legislative Powers

O’Brien, Ch. 6, parts A & B
Cases




McCulloch v. Maryland
Gibbons v. Ogden
United States v. E.C. Knight Co.
Hammer v. Dagenhart
WEEK 6
9/27 & 9/29
3
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
WEEK 7
10/4 & 10/6
 Tuesday: Midterm Review
Thursday: Midterm Examination

WEEK 8
10/11 & 10/13
Domestic Executive Power I

Cases





O’Brien Ch.4, Parts A, B, C, & D
Youngstown Sheet & Tube v. Sawyer
New York Times v. United States
Humphreys Executor
Bowsher v. Synar
Morrison v. Olson
Week 9
10/18 & 10/20
Domestic Executive Power II
4





O’Brien Ch. 4, Part C
Schecter Poultry v. United States
INS v. Chadha
Clinton v. City of New York
United States v. Nixon
WEEK 10
10/25 & 10/27
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
11/1 & 11/3
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
NAMUDNO v. Holder
WEEK 12
11/8 & 11/10
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
11/15 & 11/17
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
WEEK 14
11/22 (no class 11/24)
Presidential Powers in Foreign Affairs

O’Brien, Ch. 3, Parts A, B, & C
Cases
 United States v. Curtiss-Wright Corporation
 Missouri v. Holland
 Dames & Moore v. Regan
WEEK 15
11/29 & 12/1
6
War-Making and Emergency Powers

O’Brien, Ch. 3, Part D
Cases









The Prize Cases
Ex parte Milligan
Korematsu v. United States
Rasul v. Bush
Hamdi v. Rumsfeld
Hamdan v. Rumsfeld
Boumediene v. Bush
WEEK 16
12/6 & 12/8
Final Exam Review
Short Paper Due
7