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course title: Constitutional Law

lecturer: Stephen I. Vladeck

course description

This course provides an overview of American constitutional law, with an emphasis on U.S. Supreme Court jurisprudence. Topics covered include the origins and structure of the Constitution of the United States; the powers of the executive, legislative, and judicial branches of the federal government; the federal government's regulatory powers, such as the power to tax and spend and regulate interstate commerce; constraints on federal and state authority; and the history of the due process and equal protection clauses of the Fourteenth Amendment. No prior knowledge is assumed. This course is intended to prepare a first-year law student for an exam on constitutional law.

course outline duration
Introduction 01 : 40
Welcome 01 : 40
The Origins and Structure of the U.S. Constitution 76 : 10
The American Revolution and the Articles of Confederation 09 : 51
The Constitutional Convention, Ratification, and the Bill of Rights 14 : 32
McCulloch v. Maryland and Federal Supremacy 13 : 27
Marbury v. Madison and Judicial Review 19 : 00
The Internal and External Limits on Judicial Power 19 : 20
The Federal Government's Regulatory Powers 66 : 27
The Taxing and Spending Powers 09 : 19
The Commerce Clause I: Hammer to Darby to Heart of Atlanta Motel 12 : 52
The Commerce Clause II: The Rehnquist and Roberts Courts 14 : 55
The "Enforcement" Powers 18 : 44
Article I, § 9: Textual Limits on Congress's Power 10 : 37
Federalism as a Constraint on Federal and State Authority 48 : 29
The Tenth Amendment 15 : 37
The Eleventh Amendment 18 : 00
Federalism-Based Limits on State Authority 14 : 52
Executive Power and the Separation of Powers 77 : 56
The Structure of Article II and the Non-Prosecution Power 08 : 07
Executive Privilege and Immunity 10 : 16
Legislative Vetoes, Line-Item Vetoes, and Separation-of-Powers Formalism 10 : 51
Appointments and Removal of Inferior Officers 15 : 31
Foreign Affairs and the "Commander-in-Chief": The "Sole Organ" Debate 05 : 48
The Problem of Defeasibility: Youngstown and Interbranch Disputes 11 : 56
Executive Power in the War on Terrorism 15 : 27
The Fourteenth Amendment: Origins and Early Understanding 99 : 05
Dred Scott and the Citizenship Clause 23 : 50
The Slaughterhouse Cases and the Privileges-or-Immunities Clause 14 : 25
The Civil Rights Cases and State Action 12 : 52
Plessy and the Equal Protection Clause 20 : 08
Lochner, the Due Process Clause, and the "Revolution" of 1937 27 : 50
The Modern Fourteenth Amendment: Equal Protection 100 : 37
The Origins of "Strict" Scrutiny I: Brown v. Board of Education 16 : 27
The Origins of "Strict" Scrutiny" II: Loving v. Virginia 12 : 29
Washington v. Davis and the Intent Requirement 13 : 21
Affirmative Action and the Competing Theories of Equal Protection 18 : 57
Sex-Based Discrimination and the Road to "Intermediate" Scrutiny 21 : 52
Other Suspect Classes: Alienage and National Origin 09 : 10
Rational Basis "Plus": Cleburne, Romer, and O'Connor in Lawrence 08 : 21
The Modern Fourteenth Amendment: Due Process 92 : 55
Procedural Due Process: Goldberg to Mathews to Turner 10 : 08
Incorporating the Bill of Rights: Where, and How Much? 10 : 33
"Substantive" Due Process: Origins, Theory, and Griswold 13 : 49
Abortion I: Roe and the Trimester Framework 12 : 03
Abortion II: Casey and the "Undue Burden" Test 19 : 15
Other Implied Fundamental Rights 06 : 06
Lawrence and the Gray Area Between Equal Protection and Due Process 09 : 17
Fundamental Interests and the Welfare State 11 : 44
Conclusion 01 : 22
Recap 01 : 22
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