Law 820-002, Professor Rogers, Spring, 2002
(Monday, Wednesday, Thursday, 3 p.m., room 110)
Course Description
This course deals with the fundamental allocation of powers in our democratic republic. The Constitution, as the supreme law, allocates powers and duties to the various branches of the Federal Government, to the states, and to the people. Con Law I focuses on the allocation of competence among the federal branches and the states; Con Law II focuses on the rights and privileges of individuals.
Because the Constitution is a relatively short document over 200 years old, differences arise as to its meaning and effect. We will first study the all-important power issue of who gets to resolve the differences.
Second, the bulk of the course will constitute an examination of the substantive law of the allocation of governmental powers: (a) between the federal government and the states, and (b)among the federal branches.
Finally, we will examine in greater detail the limits of federal court power to decide constitutional issues.
The course will concurrently focus on the Supreme Court as an institution: how it works and why it works as it does. History is highly relevant, in addition to sound policy analysis. Of course, the most important goal of the course is to improve your lawyering abilities--to analyze and to make arguments effectively in the context of Constitutional Law. Accordingly, you should participate vigorously.
Any student may be called upon any day. All students must be prepared every day. Preparation involves reading the next "segment," rereading as many times as are necessary to understand, and thinking about the material: relating it to what you already know, and anticipating issues. Briefing of cases should be helpful to you but is not a class requirement.
Your grade will be based on a 3-hour final examination. Although the exams are graded strictly anonymously, your participation in class may affect your grade. Different curves may be applied to raw grades depending upon class participation. Credit for class participation depends upon quality, not quantity. Repeated absence will adversely affect class participation credit. Class participate in the past has rarely affected grades more than two notches (e.g., "B minus" to "B plus").
The course book is Cohen and Varat's Constitutional Law (Eleventh Edition). Preparation involves reading the next "segment," rereading as many times as are necessary to understand, and thinking about the material: relating it to what you already know, and anticipating issues.