Outcomes &  Coverage

Course Learning Outcomes

At the end of the class, students should be able to:

• Describe the protections for individual rights and protected classes in the First, Second, 5th, 13th, and 14th amendments, and to a lesser extent, the 15th and 19th amendments to the Constitution, along with the competing theoretical underpinnings of those protections.

• Understand the different interpretive theories the courts use for constitutional analysis and how the choice of interpretive theory affects the sources of authority to be used and the outcome of the analysis.

• Recognize when a factual scenario describes a potential violation of federal constitutional law.

• Develop arguments using the constitution, precedent, theory animating those sources of law, and contemporary and historical social evidence.

• Apply the appropriate analytical frameworks to a factual scenario, including defenses that may be raised.

• Communicate a constitutional analysis in language that will be persuasive in litigation.

Outline of Coverage

The structure of the Constitution's protection of civil rights

• Incorporation

• State action

Rights & Liberties in the 5th & 14th Amendments

Economic Liberties

• Contracts clause

• Takings

Equal Protection

• Fundamentals/structure for analysis

• Race

• Gender

• Alienage & Illegitimacy

Fundamental Rights

• Second Amendment

• Unenumerated rights

  • Marriage and family

  • Abortion

  • Right to refuse treatment, to travel, to access courts

• First Amendment

  • Free Expression

    • Content neutral v. content based

    • Unprotected speech

      • Threats

      • Offensive speech--incitement, obscenity

    • Prior restraints

    • Less protected speech: commercial speech

    • Limits on tort actions

    • Time, place & manner restrictions for public/government property

    • Freedom of association

  • Religion

    • Free exercise

    • Establishment clause