CONSTITUTIONAL LAW Government Organization and Powers Political Science 410G Fall Semester, 2020
Constitutions should consist only of general provisions; the reason is that they must necessarily be permanent, and that they cannot calculate for the possible change of things. --Alexander Hamilton
The Constitution of the United States was made not merely for the generation that then existed, but for posterity--unlimited, undefined, endless, perpetual posterity. --Henry Clay
Course Professor
Dr. Richard J. (Rick) Hardy—Professor of Political Science Class Hours: 11:00 - 11:50 a.m., MWF, 308 Morgan Hall Office Hours: 2:00 - 3:30 p.m., MW, 8:00 – 8:50 F, or by Appointment* Professor's Office: 445 Morgan Hall Email: [email protected] Office Phone: 309-298-1534
*We live in difficult times. Because I am in the “high risk” category regarding Covid-19, my physician strongly recommends that, if at all possible, we avoid one-on-one meetings in my office. I will still hold office hours and be available for phone calls during those times. And, of course I will return emails in a prompt manner. RJH
Course Description
The United States Constitution is the solid foundation upon which all American government is built. The document is now 231 years old; it is the oldest, written, nation- state constitution in the world. And it is amazingly quite short. It contains a preamble, seven articles, twenty-seven formal amendments, and just over 7,000 words (about the length of the average daily newspaper's sport section). Unfortunately, it takes more than just a few minutes reading to understand the workings of this glorious document. The United States Constitution is largely the determined by the Supreme Court, the final arbiter, whose opinions constantly define and redefine the meaning of its words. Thus, in order to grasp the full meaning of this great charter, one must not only study the original
1 document but also rigorously and systematically scrutinize the full range of case law that accompanies it. The purpose of this course is to do just that.
Thematic Questions
Any detailed study of the United States Constitution can be quite overwhelming. To simplify this onerous task, the course has been divided into units under the rubric of four fundamental questions. The first question (Units I and II in the syllabus) is "What Powers Belong to the Judicial Processes and What Powers Belong to the Political Processes?" The lectures and cases in this unit will examine the nature, structure, functions and limits of the Supreme Court. Special emphasis will be given to the expanding jurisdiction of the Court regarding federal and constitutional matters. The second basic question (Units III - IV) is "What Powers Belong to Congress and What Powers Belong to the President?" This obviously concerns the paramount principles of separation of powers and checks and balances. It will be apparent that the Supreme Court is often called upon to be the “umpire” between the Congress and the President. The third question (Units V - IX) asks "What Powers Belong to the Nation and What Powers Belong to the States?" This, of course, deals with the efficacy and limits of our federal system. Here we will examine the concept of federalism (both vertical and horizontal) and the growing powers exercised by the national government with respect to the regulation of commerce, taxing and spending. The final question (Unit IX) asks “What Power Belong to the Government and What Powers Belong to Individuals?” The last topics involve the efficacy and limits of contracts and property rights. Please note that this last question is significantly expanded next semester in POLS 411—The Constitution: Civil Rights and Liberties.
Readings
The required readings will be drawn primarily from the following casebook: Ralph A. Rossum, G. Alan Tarr and Vincent P. Munoz. American Constitutional Law: The Structure of Government, Volume I. 11th Edition. Routledge-Taylor & Francis Group, 2020. Paperbound edition. ISBN 9780367233334. This textbook may be purchased from the University Book Store or online. Additionally, student will find most of the cases online, and some readings and cases will be handed out in class.
Case Approach
This course, as in law school, will primarily employ the case or Socratic method of study. Given the obvious restrictions of any text, many of the cases will be presented in class by your professor. All embolded cases may be found in the text. The embolded cases are your responsibility to prepare in advance of class (see "Briefing Cases" below). During
2 each class period, the professor will call upon students to recite, analyze, and discuss the emboldened cases assigned for that day. Unless a specific assignment is made on a particular day, the standing assignment for the course is to prepare five cases (i.e., emboldened cases) ahead of the outline beyond the point at which the previous class period ended. Hence, the goal is to spend roughly 10 to 15 minutes per case each class period. Do not be surprised, however, if we periodically get bogged down on a few critical cases and then brush quickly over others. That should be expected. Finally, each student will be expected to present a case in class. These cases are found in italics in the course outline.
Briefing Cases
Briefing is an essential tool for understanding constitutional law. As its name implies, a brief is a one- or two-page synopsis of each case studied. While there are many ways to brief a case, here is a suggested outline:
1) Case. Write the case name, year, and citation at the top of the page. While it is not necessary to memorize the dates, such information can help put each case in historical perspective. The citations are useful if you desire to scrutinise the entire opinion online.
2) Background. Whenever possible it is important to record the events leading up to the case. An historical setting will often add clarity to the decision.
3) Facts. Write a short paragraph or two about the events and how they unfolded. Who are the litigants? What relief is sought? It will have more meaning if you put it in your own words.
4) Questions. Identify the central question or questions of law raised in the case. Most often the questions are raised in the cases itself; sometimes you must phrase the question yourself. Also be aware that many cases involve multiple issues, so it is therefore advisable to remember where the case fits the course outline.
5) Ruling. How did the Court decide the above questions? Was the vote (e.g., unanimous, 8 to 1, 5 to 4, etc.)? While it is not necessary to memorize the divisions, such splits can often portend future cases. For example, a badly split court may signal that this controversy will likely appear again. Conversely, a unanimous decision will send a strong message about future litigation.
6) Majority opinion. Specify who wrote the majority opinion and succinctly note the reasoning of the decision. Sometimes this is difficult to do, especially with the early decisions that rely upon a different style of writing.
3 7) Other opinions. Are there any concurring or dissenting opinions? If so, identify who wrote them and summarize their arguments. It is not uncommon for a persuasive minority opinion in one decision to become the basis for a majority opinion at a later time.
8) Importance. Why is the case important? What doctrines or principles of law does the case establish? How does the decision fit into the outline of the course?
9) Comments. Your professor and fellow students will often inject relevant information. Therefore, be sure to leave some room for additional comments.
10) Review. Cramming will do you little good in this course; there is simply too much material to absorb and synthesize. It is vitally important that you review or even rewrite your briefs on a regular basis, say every week to ten days. Some people use 5X7 note cards. Some students compile their cases in three-ring binders. And still others rely upon personal computers to study their cases. Perhaps you can get together with a classmate or two and form a study group. Remember that anything is easy if you break it down into manageable parts.
In sum, a brief is merely a tool to help you learn the cases, and the better the tool, the easier your task will be.
Class Participation
Class participation is important and will count for 100 total points or 20 percent of the course grade. More specifically, the class participation grade consists of four components: 1) Class Discussion, 2) Case Presentation, 3) Case Briefing, and 4) Class Attendance.
Class Discussion. "College is not a sanctuary from responsibility!" Every student is encouraged and expected to contribute to class discussion. As noted earlier, oral examinations occur daily and continuously. Hence, when called upon in class for input to the discussion, you are in fact being examined. Discussion grades, of course, are relative. A person who is always prepared and takes an active part in class discussion will obviously earn higher marks than a student who is ill prepared and rarely interacts with the class. Class discussion will count for 25 points.
Case Presentation. As noted above, each student will be assigned to present a Supreme Court case that is not found in the textbook. These are the italicized cases in the course outline. Virtually every assigned case can be downloaded from the web. It is up to the student to read the entire case, present it to the class on the assigned day, and field questions concerning the assigned case. Case presentation is worth 25 points.
4 Written Case Brief/Analysis. In addition to the oral case presentation, each student will also submit a written case analysis of that case on the day that it is assigned. The written case brief and analysis should be at least one, but not more than two pages long. It must be typed, single-spaced, and follow the format described on pages 2-3 of this syllabus. The written analysis is worth 25 points.
Attendance. This is NOT a correspondence course! Attendance will taken at 11:00 a.m. sharp! Attendance points are relative. Students who have perfect attendance will earn full points. Students who rarely attend classes will receive few if any points. Class attendance is worth 25 points.
Examinations
There will be three written examinations--two midterm examinations and a final examination.
Midterm Examinations. Each midterm examination will count for 100 points or 20 percent of your total course grade. Midterm #1 will be on Wednesday, September 30 and Midterm #2 will be on Friday, November 6.
Each midterm will consist of two parts: Part I will contain hypothetical cases worth 40 points, and Part II will entail twelve identification terms or court cases (worth 5 points each) for a total of 60 points. It is always a good practice to arrive a few minutes early, and please bring an extra pen or two. The examination will commence promptly at 11:00 a.m. and you will have 55 minutes to complete this examination.
We will not use Bluebooks; your professor will provide the necessary writing paper. Graded examinations will be returned within approximately one week. You will then have an opportunity to review your test in class and ask questions before turning in your midterm examination. Failure to return your graded midterm examination at the close of the hour will result in an “F” grade for that examination. Your professor, however, will keep your examination on file to ensure fairness. Why? Because students have been known to “edit” their graded examinations and then insist that the professor “made a mistake” in grading.
Final Examination. The Final Examination will be comprehensive and count for 200 points or 40 percent of your final course grade. Your Final Examination will be emailed to you after Thanksgiving, and it should be completed and emailed to RJ- [email protected] no later than Thursday, December 17 11:50 am—the time of your regularly scheduled final examination. The final examination will consist of two parts: Part I will contain hypothetical cases worth 100 points. And, Part II will consist of general essay questions for a total of 100 points. Concerning content, about 65 percent of the material on the final examination will be drawn from cases studied since the second midterm, and 35
5 percent will be taken from materials studied through out the entire course. Hence, it is important to keep abreast of the cases and maintain excellent notes. This is the nature of constitutional law. As with the midterm, your professor will furnish the necessary writing paper--ergo, no Bluebooks required.
You professor demands excellence. Expect the examinations to be quite challenging but neither impossible nor unfair. This spreads out the scores and enables your professor to discriminate between those who do and do not study. Note, however, that each examination will be adjusted, if necessary, to approximate a "normal" or "bell" curve. Say, for example, on Midterm Examination #1 the top score in the entire class was a 95/100. Your professor will then throw a curve of 5 points to assure that at least one person scores 100. All other students will then be given 5 additional points. The same process will apply to the Final Examination as well. In sum, class curves always work to the benefit of the students; I always assume that my examinations are not perfect, but that at least one student in a class of 35 is perfect.
Makeup Examination Policy. Requests to take examinations early will be denied. If, for some valid reason (e.g. illness, death in the family, or open-heart surgery), you are unable to take an examination at the scheduled time, then you should notify your professor in advance of the examination. Leave a message with the Political Science office (298-1055) or e-mail ([email protected]). Failure to apprise us of your plight and produce the necessary documentation for your excuse will result in an "F" for that examination. There will be no exceptions to this rule. All make-up examinations will consist of short answer essay questions and must be taken within a "reasonable" time (usually one week) after returning to class. Finally, students taking make-up exams may not take advantage of possible class curves given on regularly scheduled examinations. Why? Because you have more time to study and you are not taking the same examination as the rest of the class. To give you curve points would simply not be fair.
Summary of Course Points
Participation………………………………100 points Class Discussion….. .25 points Oral Presentation…. .25 points Written Case Brief… 25 points Class Attendance….. 25 points Midterm Examination #1………………..100 points Midterm Examination #2………………..100 points Comprehensive Final Examination ……200 points TOTAL POINTS…..….500 points
Grading for Undergraduate Credit
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In sum, grades for undergraduate students will be based on 500 total points. Western Illinois University now uses plus-minus grading. Because all quizzes and examinations are adjusted or "normally curved" as the semester progresses here is a convenient method of calculating your grade: Students are required to earn at least 450 total points (90%) to get an "A-" grade, at least 400 total points (80%) to get a "B-" grade, at least 325 total points (65%) to get a "C-" grade, and at least 250 total points (50%) to get a passing "D-" grade. These are the standard “breaks” for determining letter grades. Of course, within each category there will also be additional grading. Final grades will range from A, A-, B+, B, B-, C+, C, C-, D+, D, D- to F. Over the years approximately 85 percent of the class has earned C or better in the course.
Cutoff Point Range Final Grade
97% 485-500 A+ 94% 470-484 A 90% 450-469 A------87% 435-449 B+ 84% 420-434 B 80% 400-419 B------75% 375-399 C+ 70% 350-374 C 65% 325-349 C------60% 300-324 D+ 55% 275-299 D 50% 250-274 D------49% 000-249 F
Finally, since regular class attendance and participation will already be figured into your grade, do not expect to "negotiate" with your professor for a higher letter grade. The only justification for altering a final grade is an error in computation. All examinations will be kept on file for one semester, during which time you may appeal your grade to the Department Chair. Thereafter, all materials will be destroyed and you lose your right of appeal.
Grading for Graduate Credit
This course may be counted for graduate credit. Graduate students are expected to complete all of the requirements of this course plus submit a 20 to 25-page research paper. This research paper is worth 100 points. The paper may be based on either qualitative or quantitative research. The topic of this paper must be approved. Possible topic might include: analyses of cases relating to civil liberties or civil rights, historical research on the Supreme Court justices, critical evaluations of judicial philosophies, statistical analyses of caseloads, to name just a few. The topic should be approved by
7 Friday, September 25, and the final paper is due on Friday, December 11, 2020. The paper should be typed, double-spaced, and contain appropriate references and bibliography.
In sum, grades for graduate students will be based on 600 total points. Graduate students are therefore required to earn at least 540 total points (90%) to get an "A" grade, at least 480 total points (80%) to get a "B" grade, at least 420 total points (70%) to get a "C" grade. These are the standard “breaks” for determining letter grades. Finally, there will be no "extra credit" projects, and, not expect to "negotiate" with your professor for a higher letter grade. The only justification for altering a final grade is an error in computation. All examinations will be kept on file for one semester, during which time you may appeal your grade. Thereafter, all materials will be destroyed.
Students’ Responsibilities and Rights
Mandatory Assigned Seating. In light of the Covid-19 pandemic, university policy dictates that students be assigned seats to insure proper social distancing. Your professor has assigned you a specific seat in Morgan 308 to comport with this mandate. Please sit only in your assigned seat throughout the semester.
Policy on Face Coverings in the Classroom. All students and faculty are required to wear a face covering at all times in the classroom. Western Illinois University will provide two (2) cloth face coverings to all instructors and students, and replace them when necessary. Individuals may use a personally purchased alternative face covering as appropriate. Employees and students are responsible for laundering their reusable cloth face coverings. It is the responsibility of University units to ensure compliance from employees and students under their purview. Units can also refer to the Centers for Disease Control and Prevention (CDC) guidance on face coverings with regard to type and fit, wearing, and washing. Additionally, no food or drink will be allowed in the classroom. Please find a more detailed explanation of this policy at: http://www.wiu.edu/policies/covid_facecovering.php
Disabilities and Accommodations. “In accordance with University Policy and the Americans with Disabilities Act (ADA), academic accommodations may be made for any student who notifies the instructor or such need. For the instructor to provide the proper accommodation(s) you must obtain documentation of the need for such accommodation(s) through the Disability Resource Center and provide it to the instructor. It is imperative that you take the initiative to bring such needs to the instructor’s attention, as he/she is not legally permitted to inquire about such particular student needs. Students who may require special assistance in emergency evacuations (i.e., fire, tornado, etc.) should contact the instructor as to the most appropriate procedures to follow in such an emergency. Contact the Disability Resource Center at
8 309-298-2512 for additional services.” For more information on and current university policy on these situations, please consult a campus webpage at http://www.wiu.edu/studentlife/ or http://www.wiu.edu/drc.
Academic Dishonesty. Academic dishonesty will not be tolerated! Anyone who plagiarizes (submitting work written by another person without proper attribution), cheats on an examination (looking off of another’s answer sheet, copying someone else’s words, writing answers on one’s arms, glancing at notes under a coat or a seat, etc.), knowingly assists another student to cheat (writing answers boldly, passing notes, whispering answers, etc.), allows another to take his or her examination, sneaks any part of a test booklet out of the classroom or who has unauthorized possession of an examination will be dealt with severely. Academic dishonesty will result in disciplinary action, and all tainted examinations and assignments will adversely affect the student’s grade. The web address for student rights and responsibilities is http://www.wiu.edu/provost/students/ and for the university’s policy on academic integrity is http://www.wiu.edu/policies/acintegrity.php.
Course Outline
Question One: What Powers Belong to the Judicial Processes and What Powers Belong to the Political Processes?
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I. Overview of the American Constitution
A. Foundations of the American Constitution
Read: Richard J. Hardy, “Founding of the American Political System,” in The 21st Century Political Science Handbook, Volume 2, No. 80, by John Ishiyama and Marijke Breuning, eds., Sage, 2011, pp. 685-698. ISBN 9781412969017. Special Note: Your professor will email you this document.
Read: Richard J. Hardy, “The Constitution—Its Fate Depends on Civic Leaders.” Handout provided as part of the John Hallwas Liberal Arts Lecture, Western Illinois University, September 25, 2008. Special Note: Your professor will email you this document.
B. Interpretation of the Constitution
Read: Ralph A. Rossum, G. Alan Tarr and Vincent P. Munoz. American Constitutional Law: The Structure of Government, Volume I. 11th Edition. Routledge-Taylor & Francis Group, 2020. Chapter 1.
II. The Judicial Power and Constraints
A. Judicial Review (Read: Chapter 3)
Marbury v. Madison (1803) Eakin v. Raub (1824)
B. Jurisdiction Special Notes: Chisholm v. Georgia (1793) Cases in Bold are in your text—everybody should read. Martin v. Hunter’s Lessee (1816) Cases in Italics will be assigned to students. Cohens v. Virginia (1821) Cases in regular fonts will be presented by Hardy. Ex Parte McCardle (1869)
C. Standing
Muskrat v. United States (1911) Frothingham v. Mellon (1923) Flast v. Cohen (1968) Cooper v. Aaron (1958)
10 Lujan v. Defenders of Wildlife (1992) Plaut v, Spendthrift Farm, Inc. (1995) Hein v. Freedom from Religion Foundation (2007) DeShaney v. Winnebago County Department of Social Services (1989)
D. Political Questions verses Judicial Questions
Luther v. Borden (1849) Colgrove v. Green (1946)—Aaron Boone Baker v. Carr (1962) Rutan v. Republican Party of Illinois (1990)
Question Two: What Powers Belong to Congress and What Powers Belong to the President?
III. Legislative Powers and Constraints
A. The Delegation of Legislative Power (Read: Chapter 4)
J. W. Hampton, Jr., & Company v. United States (1928)—Lauren Bublitz Panama Refining Co. v. Ryan (1935)—Molly Burns Mistretta v. United States (1989)
B. Legislative Investigations and Contempt
McGrain v. Daugherty (1927) Watkins v. United States (1957) Barenblatt v. United States (1959)—Nichola Castro Senate Select Committee on Ethics v. Packwood (1994)
C. Congressional Immunity and Internal Affairs
Powell v. McCormack (1969) Gravel v. U.S. (1972) Hutchinson v. Proxmire (1979)—Kelsey Day U.S. Term Limits, Inc. v. Thornton (1995)
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IV. Executive Powers and Constraints
A. The Scope of Executive Power (Read: Chapter 5)
In Re Neagle (1890) In Re Debs (1895)—Virginia Eddington Schechter Poultry Corp. v. United States (1935)
B. The Appointment and Removal Power
United States v. Smith (1932) Myers v. United States (1926) Humphrey's Executor v. United States (1935)—Reeka Edwards Morrison v. Olson (1988) National Labor Relations Board v. Noel Canning (2014)
C. Veto Powers and Constraints
Wright v. United States (1938) Kennedy v. Sampson (1974) Immigration and Naturalization Service v. Chadha (1983) Clinton v. City of New York (1998)
D. The Power to Pardon
Ex Parte Garland (1867) Ex Parte Grossman (1925)—Logan Elko Schick v. Reed (1974) Murphy v. Ford (1975)
E. Executive Privilege and Immunity
Mississippi v. Johnson (1867) United States v. Nixon (1974) Nixon v. Fitzgerald (1982)—Andrew Greer Clinton v. Jones (1997)
F. Treaty Making Powers
12 Missouri v. Holland (1920) U.S. v. Belmont (1937)—Luke Hobbs U.S. v. Pink (1942) Medellin v. Texas (2008) Zivotofsky v. Kerry (2014)
G. Presidential Power During War and Emergencies (Read: Chapter 6)
The Prize Cases (1863) Ex Parte Merryman (1861) Ex Parte Milligan (1866) U. S. v. Curtiss-Wright Export Corporation (1936) Korematsu v. United States (1942) Ex Parte Endo (1944)—Armonie Kimble Ex Parte Quirin (1942) Youngstown Sheet and Tube Company v. Sawyer (1952) Dellums v. Bush (1990) Hamdi v. Rumsfeld (2004) Baumediene et al. v. Bush (2008) Trump v. Hawaii (2018)
Question Three: What Powers Belong to the Nation and What Powers Belong to the States?
V. Vertical Federalism
A. The Nature of the Union (Read: Chapter 7)
Texas v. White (1869) United States v. California (1947)—Daria Levchenko
B. Division of Power between the Nation and States
McCulloch v. Maryland (1819) Coyle v Smith (1911) Printz v. United States (1997) Kimel v. Florida Board of Regents (2000)—Joshlyn Lomax Board of Trustees of University of Alabama v. Garrett (2001)—Sarah Maier
13 Tennessee v. Lane (2004) Murphy v. NCAA (2018) Chiafolo v. Washington (2020)
C. National Supremacy and Preemption of State Laws
Edwards v. California (1941)—Thalia Mercado Pennsylvania v. Nelson (1956)—Javon Nash Alden v. Maine (1999) Federal Maritime Commission v. South Carolina (2002)—Doni Purifoy Arizona v. United States (2012) Timbs v. Indiana (2019) D. Amending the Constitution
Hollingsworth v. Virginia (1798) Hawke v. Smith (1920)—Bhavik Rajyaguru Dillon v. Gloss (1921) Coleman v. Miller (1939)
VI. Horizontal Federalism
A. Full Faith and Credit
Atherton v. Atherton (1901) Williams v. North Carolina (1945) Sherrer v. Sherrer (1948) Sosna v. Iowa (1975)—Enrique Salas Aguilera Allstate Insurance v. Hague (1981) Goodridge v. Commonwealth of Massachusetts (2003) Obergefell v. Hodges (2015)—Anesha Wheaton
B. Privileges and Immunities
Corfield v. Coryell (1823) Slaughterhouse Cases (1873) Toomer v. Witsell (1948) Baldwin v. Montana Fish and Game Commission (1978) Memorial Hospital v. Maricopa County (1974)—Roselyn Wright Saenz v. Roe (1999) C. Interstate Rendition
14 Kentucky v. Dennison (1861) Puerto Rico v. Branstad (1987)
D. Interstate Compacts
Virginia v. Tennessee (1893) West Virginia ex rel Dyer v. Sims (1951)
E. Suits between States
New Hampshire v. Louisiana (1883) South Dakota v. North Carolina (1904) Virginia v. West Virginia (1918) Massachusetts v. Missouri (1939) New Jersey v. New York (1999)
VII. The Regulation of Commerce
A. The Meaning of Commerce (Read: Chapter 8)
Gibbons v. Ogden (1824) Brown v. Maryland (1827) The Daniel Ball (1871) Coe v. Errol (1886)
B. State Power in the Field of Interstate Commerce
Cooley v. Board of Wardens (1852) Leisy v. Hardin (1890) South Carolina Highway Department v. Barnwell Brothers, Inc. (1938) Southern Pacific Co. v. Arizona (1945) Dean Milk Co. v. City of Madison (1951) Philadelphia v. New Jersey (1978) Reeves, Inc. v. Stake (1980) Granholm v. Heald (2005) Murphy v. NCAA (2018) South Dakota v. Wayfair (2018)
C. Congressional Power Over Commerce
Champion v. Ames (1903)
15 Hammer v. Dagenhart (1918) N.L.R.B. v. Jones-Laughlin Steel Corporation (1937) United States v. Darby (1941) Wickard v. Filburn (1942) Heart of Atlanta Motel v. U.S./Katzenbach v. McClung (1964) National League of Cities v. Usery (1976) Garcia v. San Antonio Metropolitan Transit Authority (1985) United States v. Lopez (1995)
VIII. The Power to Tax and Spend
A. Taxation as an Instrument of Regulation
Pollock v. Farmers' Loan and Trust Company (1895) McCray v. United States (1904) Bailey v. Drexel Furniture Company (1922) Steward Machine Co. v. Davis (1937) United States v. Kahriger (1953) Bob Jones University v. United States (1983) Gonzales v. Raich (2005)
B. Spending as an Instrument of Regulation
United States v. Butler (1936) Grove City College v. Bell (1984) South Dakota v. Dole (1987) Rust v. Sullivan (1991) National Endowment for the Arts v. Finley (1998)
Question Four: What Powers Belong to the Government and What Powers Belong to Private Persons?
IX. Contracts and Property
A. The Contract Clause (Read: Chapter 11)
16 Fletcher v. Peck (1810) Dartmouth College v. Woodward (1819) Charles River Bridge v. Warren Bridge Co. (1837) Home Building and Loan Association v. Blaisdell (1934) U.S. Trust Co. v. New Jersey (1977) Allied Structure Steel Co. v. Spannaus (1977) Sveen v. Melin (2018)
B. The Property Rights, Takings Clause, Zoning (Read: Chapter 12)
The Slaughter-House Cases (1873) Munn v. Illinois (1877) Lockner v. New York (1905) West Coast Hotel Co. v. Parrish (1937) Euclid v. Ambler Realty (1926) Berman v. Parker (1954) Hawaiian Housing Authority v. Midkiff (1984) Nollan v. California Costal Commission (1987) Lucas v. South Carolina Coastal Commission (1992) Kelo v. City of New London (2005)
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