Professor Nancy
Dowd
MTuW 10:20 and
Monday 11:30 Room 190A
Office hours:Monday
1-3
Office:Room
312G
Phone:392-2236
email:dowd@law.ufl.edu
Texts:Erwin
Chemerinsky, Constitutional Law (Aspen 2001) and 2002 supplement
Syllabus
August 20,
21
1.Introduction
pp. xxxvii-lii
(The Constitution)
UNIT I
The
role of the judiciary
2.The
authority for judicial review
pp.
1-10
August
26, 27, 28
3.Judicial
power (Bush v Gore)
Supplement,
Bush v Gore
4.The
method of constitutional interpretation
pp.10-21
and handout, New York Times 7/7/2002 (column by Linda Greenhouse)
Unit II
Federalism
5.The
scope of Congressional authority
pp.
92-102
September
3, 4 (no class Monday; Monday class schedule Tues)
6.Congressional
power:the Commerce Clause before
1937
pp.
102-119
7.Congressional
power: the Commerce Clause 1937-1991
pp.
119-142
8.
Congressional power:The Commerce
Clause 1991-present and the Spending Clause
pp.
143-159 and Supplement, Solid Waste Agency
180-186
September
9, 10, 11
9.Congressional
power under the Reconstruction Amendments
pp.
186-201
10.
Limits on federal power:The Tenth
and Eleventh Amendments
pp.
159-180 and Supplement University of Alabama v Garrett
Unit
III
Executive
Power
11.Executive
power and privilege
pp.
231-251 and Supplement, executive order on military tribunals
Unit IV
The Structure of the Constitution's
Protection of Civil Rights and Civil Liberties
September
16, 17, 18
12.The
application of the Bill of Rights to the states
pp.
379-81, 382-83, 388-89, 391-405
13.The
requirement for state action I
pp.
405-419
14.The
requirement for state action II
pp.
419-447
September
23, 24, 25
Unit V
Due Process and the Protection
of Fundamental Rights
A.Due
process protection for economic rights
15.
Lochnerism and the protection of economic rights
pp.449-54,
456-61, 470-74, 482, 487-88, 497-98
B.Modern
substantive due process:privacy,
family autonomy,procreation, and personhood
16.Privacy:family
autonomy I
pp.
695-715
17.Privacy:family
autonomy II
pp.
695-727
September
30, October 1, October 2
18.Privacy:contraceptives
and abortion I
pp.
727-747
19.Privacy:contraceptives
and abortion II
pp.747-774
20.Privacy:medical
care decisions and sexual orientation
pp.
785-805
October
7, 8, 9
C.Procedural
due process
21.When
is due process required?What process
is due?
pp.
857-877, 888-894
Unit VI
Equal Protection
A.Introduction
22.Equal
protection methodology; Rational basis review
pp.
527-556
B.Racial
classifications
23.Race
and the Constitution I
pp.
556-580
October
14, 15, 16
24.Race
and the Constitution II
pp.
581-601
25.Remedies
for race discrimination
pp.
601-15
26.Racial
classifications benefiting minorities
pp.
615-641 and Supplement, Hunt v Cromartie
October
21, 22, 23
C.Gender
classifications
27.Gender
classifications I
pp.
641-657
28.Gender
classifications II
pp.
658-670 and Supplement, Nguyen v INS
D.Other
types of discrimination
29.Alienage
classifications, discrimination against non-marital children,other discrimination
receiving rational basis review
pp.
671-694
November
4, 5, 6
Unit VII
Freedom of speech, association,
and press
A.Free
speech methodology
29.Why
is speech constitutionally protected?
pp. 895-903
30.What
is speech?
pp. 1103-1113
31.What
is an infringement of speech?
pp.949-968 and
Supplement, Legal Services v Velazquez
32.Content-neutrality,
overbreadth and vagueness
pp. 903-926
November 12,
13 (no class Monday)
B. When Should
the Government Be Able to Suppress or Regulate Speech?:Unprotected
and Less Protected Speech
33.Incitement
to illegal conduct
pp. 968-991
34.Fighting
words, the hostile audience, and the problem of racist speech
pp. 991-1011
35.Sexually
oriented speech I
pp. 1011-1033
November 18,
19, 20
36.Sexually
oriented speech II
pp. 1036-1042
and Supplement: Ashcroft v ACLU, Ashcroft v Free Speech Coalition, City
of Los Angeles v. Alameda Books
C.Freedom
of Association
37.Membership,
compelled association, and discrimination
pp.1180-1201
Unit VIII
The Religion Clauses
38.Introduction
to the religion clauses and free exercise clause
pp. 1237-1243,
1246-1288
November 25,
26, 27 (Nov 27 is Monday class schedule)
39.Establishment
clause methodology
pp. 1266-1282
40.The
establishment clause and religion in schools
pp. 1282-1305
and Supplement, Good News Club
41.The
establishment clause and aid to parochial schools
pp. 1305-1324
and Supplement, Simmons-Harris v. Zelman
Attendance is
taken each hour.Please be in class
on time.If you are absent more than
six classes or unprepared more than twice, your final grade will be reduced
by one-half letter grade; if you are excessively absent or unprepared,
you may be dropped from the course.If
there are extenuating circumstances, please let me know.
The final examination
is scheduled for Thursday, December 5.The
exam will be a take-home exam distributed in the morningand
due back by late afternoon.A complete
set of instructions will be distributed during the last week of class.
Constitutional
Law
Professor Nancy
Dowd
MTuW10:20
and Monday 11:30, Room 190C
Office hours:Monday
1-3
Office:Room
312G
Phone:392-2236
email:dowd@law.ufl.edu
Texts:Erwin
Chemerinsky, Constitutional Law (Aspen 2001) and 2002 Supplement
***NOTE ON SUPPLEMENT:If
the 2002 supplement does not arrive for purchase by August 15, please see
my secretary, Margie Tyler, in room 340, for a handout that covers materials
assigned from the supplement until the 2002 Supplement is available.
First Week
Assignment:
1.Introduction
pp. xxxvii-lii
(The Constitution)
Read
the U.S. Constitution carefully, and write down what you notice about the
substance and structure of the Constitution.
2.The
authority for judicial review
pp.
1-10
**
I have assigned Bush v Gore as our first case for the second week, but
would recommend that you read it this first week also in order to compare
it with Marbury v Madison.
The
handout assigned on the syllabus for the second week will be distributed
in class on Wednesday, August 21.