Constitutional Law

LAW 203 · 3 units · Winter Quarter

Constitutional Law provides an introduction to the fundamental law of the United States and the principles that structure American government. This course examines the Constitution as the supreme law of the land, the source of governmental authority, the distributor of power among federal, state, and local governments, and the guarantor of individual rights. Students study both the structural Constitution (separation of powers, federalism) and the Constitution's protections of individual liberty and equality.

The course begins with the sources and interpretation of constitutional law, including the role of the courts in constitutional interpretation. Students then examine the allocation of power among the three branches of federal government and between federal and state governments. The course concludes with fundamental constitutional rights: due process, equal protection, and enumerated rights such as freedom of speech, religion, and assembly.

Constitutional Law is essential preparation for understanding how American law works. The Constitution's principles underlie all other law, from criminal procedure to civil rights. This course provides conceptual frameworks for understanding constitutional interpretation that apply throughout legal practice.

Learning Objectives

  • Understand methods of constitutional interpretation and the role of courts in constitutional review
  • Analyze the separation of powers: presidential, congressional, and judicial powers and limitations
  • Apply the dormant Commerce Clause and the scope of Congress's constitutional authority
  • Examine federalism principles and the division of power between federal and state governments
  • Understand equal protection doctrine and apply various levels of scrutiny (strict, intermediate, rational basis)
  • Analyze due process rights and substantive due process protections
  • Study First Amendment rights: freedom of speech, religion, assembly, and petition

Required Casebook

Constitutional Law: Cases and Materials (8th ed., Chemerinsky, 2021) — Aspen Publishers. This casebook provides comprehensive coverage of constitutional structure, federalism, separation of powers, and individual rights, with attention to both traditional doctrine and contemporary controversies.

Lecture Topics

Week 1: Introduction to Constitutional Law

The Constitution as supreme law, judicial review, standards of review, and methods of constitutional interpretation: originalism, textualism, living Constitution, and historical approaches.

Week 2: Separation of Powers Overview

The three branches of government, enumerated powers, implied powers, and constitutional limitations on each branch's authority. The Necessary and Proper Clause.

Week 2-3: Presidential Power

Executive authority, commander-in-chief powers, war powers, executive privilege, and limitations on presidential action. Youngstown Steel framework for analyzing presidential power.

Week 3: Congressional Power

Enumerated powers, the Commerce Clause (interstate and intrastate), taxing and spending power, and the scope of Congress's powers under Article I.

Week 4: The Dormant Commerce Clause

Limitation on state and local power to burden interstate commerce, discrimination against interstate commerce, protectionism, and Pike balancing test.

Week 4-5: Federalism

The Tenth Amendment and reserved powers, preemption doctrine, supremacy of federal law, and state sovereignty. Section 5 of the Fourteenth Amendment and Congressional enforcement.

Week 5-6: Judicial Power

Cases and controversies, justiciability, ripeness, mootness, standing, political questions. Role of courts in constitutional interpretation and the countermajoritarian difficulty.

Week 6-7: Equal Protection

Equal Protection Clause, levels of scrutiny (rational basis, intermediate, strict), classifications (race, gender, alienage), and suspect classes.

Week 7-8: Equal Protection and Discrimination

Governmental purpose and effect, intentional discrimination, facially neutral laws with discriminatory effect, and remedies including affirmative action.

Week 8-9: Due Process Rights

Fifth and Fourteenth Amendment due process, substantive due process, fundamental rights (privacy, family, liberty), and procedural due process.

Week 9-10: First Amendment—Freedom of Speech

Speech categories (political, commercial, obscene, defamatory), content-based and content-neutral restrictions, compelled speech, and symbolic speech.

Week 10-11: First Amendment—Religion, Assembly, Petition

Free Exercise Clause, Establishment Clause, accommodation of religion, freedom of assembly and association, and the right to petition government.

Landmark Cases

Marbury v. Madison (1803)

Foundational case establishing judicial review: the power of courts to review and invalidate laws that conflict with the Constitution. Established the supremacy of the Constitution and the role of courts in interpreting it.

McCulloch v. Maryland (1819)

Established implied powers doctrine: Congress has broad powers beyond those enumerated in Article I to accomplish constitutional objectives, supported by the Necessary and Proper Clause. State taxation of federal bank was unconstitutional.

Youngstown Steel & Tube Co. v. Sawyer (1952)

Established framework for analyzing presidential power: presidential power is greatest when Congress has authorized action, at its lowest when Congress has forbidden it, and somewhere in between when Congress is silent. Invalidated presidential seizure of steel mills during Korean War.

Brown v. Board of Education (1954)

Landmark equal protection case declaring "separate but equal" unconstitutional. Established that racial segregation in public schools violates equal protection, overruling Plessy v. Ferguson. Demonstrates judicial review power to protect fundamental rights.

United States v. Lopez (1995)

Limited congressional power under the Commerce Clause. Even though Congress has broad authority to regulate interstate commerce, a law regulating gun possession near schools exceeded that authority because it bore no relationship to interstate commerce.

Study Guide

Constitutional Interpretation Framework

Constitutional analysis begins with interpretation methodology. The Constitution's meaning is not always plain, and courts have developed several approaches to interpretation:

  • Originalism: The Constitution means what it meant when adopted; courts must apply the original public meaning
  • Living Constitution: The Constitution evolves with changing times; interpretation reflects modern values and circumstances
  • Textualism: Interpretation focuses on constitutional text and its plain meaning
  • Historical: Interpretation relies on historical context and original intent of the drafters
  • Purposive: Interpretation considers the purposes and principles underlying constitutional provisions

Different provisions may be interpreted using different methodologies. Understand the interpretive approach used in key cases and how it shapes the outcome.

Structural Constitution: Separation of Powers

The Constitution divides federal power among three branches. Each has defined powers and limitations:

  • Legislative: Congress has enumerated powers (Art. I, §8) plus implied powers through the Necessary and Proper Clause
  • Executive: President executes the laws and has specific powers (commander-in-chief, appointment, veto)
  • Judicial: Courts interpret law and resolve cases and controversies

Analyze separation of powers issues by asking: Does the action fall within the branch's constitutional powers? Are there limitations or checks from other branches? The Youngstown framework helps analyze presidential power in particular.

Federalism and State/Federal Power

The Constitution allocates power between federal and state governments:

  • Federal Powers: Explicitly enumerated in Article I (Commerce Clause, taxing power, etc.)
  • State Powers: Reserved under the Tenth Amendment (police power to protect health, safety, welfare)
  • Preemption: When federal law conflicts with state law, federal law is supreme (Supremacy Clause)
  • Dormant Commerce Clause: States cannot unduly burden interstate commerce even without federal regulation

Equal Protection and Scrutiny Levels

Equal Protection analysis requires identifying the classification and applying the appropriate level of scrutiny:

  1. Rational Basis (Most Deferential): Law is valid if rationally related to a legitimate government purpose. Almost always upheld. Use for economic regulation and social welfare classifications.
  2. Intermediate Scrutiny: Law must serve an important government objective and be substantially related to achieving that objective. Used for gender, legitimacy, and some other classifications. Requires actual relationship, not just speculation.
  3. Strict Scrutiny (Most Rigorous): Law must serve a compelling government interest and be narrowly tailored to achieve that interest. Applied to race, national origin, and suspect classifications. Very few laws survive.

The classification and what group is burdened often determines the level of scrutiny. Facial discrimination (explicit classification) is treated differently from facially neutral laws with discriminatory effect.

Fundamental Rights and Substantive Due Process

The Due Process Clause (Fifth and Fourteenth Amendments) protects both process (how government acts) and substance (what government can do):

  • Fundamental Rights: Privacy (contraception, abortion, family relationships), marriage, liberty of conscience, voting. Laws burdening fundamental rights face strict scrutiny
  • Other Liberty Interests: Protected by due process but don't trigger strict scrutiny. Analyzed under rational basis or intermediate scrutiny
  • Procedural Due Process: Requires notice and opportunity to be heard before government deprives someone of life, liberty, or property

First Amendment Categories

Free speech and religion are protected but not absolutely. The type of speech/activity determines the standard applied:

  • Core Political Speech: Highest protection; content-based restrictions face strict scrutiny
  • Commercial Speech: Moderate protection; reasonable restrictions permitted
  • Obscene Speech: No protection (Miller test applies)
  • Defamatory Speech: Limited protection depends on public vs. private figure
  • Symbolic Speech: Conduct expressing ideas protected if content-neutral regulation is narrowly tailored

Distinguish content-based restrictions (suspect, require strict scrutiny) from content-neutral restrictions (require intermediate scrutiny and serve significant government interest).

Exam Strategy

  • Start with constitutional text and identify the operative clause
  • Determine what interpretation methodology applies and how it shapes analysis
  • For separation of powers, use Youngstown framework for presidential power
  • For equal protection, identify the classification and determine the scrutiny level
  • For fundamental rights, identify whether a fundamental right is burdened
  • For speech issues, categorize the speech and identify whether restriction is content-based or content-neutral
  • Apply the appropriate standard of review throughout your analysis
  • Consider whether narrow tailoring or means-ends fit is satisfied

Practice Questions

MBE-style questions covering constitutional structure, separation of powers, federalism, equal protection, due process, and First Amendment. Work through multi-issue problems and practice applying levels of scrutiny and constitutional standards.

Additional Resources

  • The U.S. Constitution — Keep a copy at hand and mark important passages
  • Supreme Court Website (supremecourt.gov) — Access opinions, docket information, and oral argument transcripts
  • Constitutional Interpretation Methods Chart — Visual guide to different interpretive approaches and their implications
  • Separation of Powers Diagram — Map the enumerated powers of each branch and their checks
  • Scrutiny Level Flowchart — Decision tree for determining appropriate level of review in equal protection cases
  • First Amendment Categories — Chart categorizing types of speech and applicable standards
  • Federalism Outline — Organize materials around federal vs. state power allocation and preemption
  • Supreme Court Recent Decisions — Study recent cases interpreting constitutional provisions

Flashcards

Key constitutional concepts: Judicial review, Enumerated powers, Commerce Clause, Dormant Commerce Clause, Preemption, Strict scrutiny, Intermediate scrutiny, Rational basis, Fundamental rights, Substantive due process, Content-based restriction, Compelling interest, Narrow tailoring. Master the standards and their applications through spaced repetition.