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| Class | Topic | |
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| 1 | Introduction to the modes of constitutional
argument |
Supplement #1 A-1 - A-15 |
| 2 | The Role of the Court in policing the
executive and legislative branches Analyzing the argument of Marbury v. Madison |
2-13 |
| 3 | Marshall's arguments for judicial review
and the alternatives |
13-27 |
| 4 | Early judicial confrontations with major
issues of constitutional structure and the allocation of power President and Congress in foreign affairs Federal and state courts in the protection of constitutional rights |
Supplement #2 |
| 5 | Congress and states in the regulation
of commerce |
Supplement #3 |
| 6 | Implied powers of Congress - the National
Bank case |
88-113 |
| 7 | Slavery |
Supplement #4 |
| 8 | Modern doctrine on executive power: the
contest over interpretive methods Implied Presidential domestic powers? |
354-365 |
| 9 | Foreign affairs powers |
365-371 |
| 10 | Immunities from suit |
Supp. 33-40 |
| 11 | Executive privilege |
404-413 |
| 12 | Relations with Congress Legislative vetoes |
375-383 |
| 13 | Nondelegation and the "line-item veto" |
399-404 Supp. 26-33 |
| 14 | Independent counsel |
391-399 |
| 15 | The evolution of modern doctrine on Congress's
commercial regulatory powers Regulating private commercial activities - the triumph of nationalism Before the New Deal |
141-142 159-185 |
| 16 | The New Deal change |
185-286 |
| 17 | Regulating states for economic purposes
- the durability of federalism |
206-227 |
| 18 | Federalism resurgent in the regulation
of private parties? |
142-159 |
| 19 | Taxing and spending powers |
228-249 |
| 20 | Congress' enforcement of civilrights State action and congressional regulation of private conduct |
917-926 |
| 21 | Regulation of state conduct The ambiguities of Morgan v. Katzenbach |
984-991 998-1004 |
| 22 | Subsequent voting rights developments |
991-998 1004-1021 |
| 23 | Protecting free exercise of religion? |
Supp. 70-77 |
| 24 | Federal limits on national power to regulate
the state economy From early fumblings to a modern formulation "Facial" discrimination against out-of-state commerce |
258-271(Optional) 271-286 322-328 |
| 25 | Other forms of impermissible discrimination
against out-of-state commerce Barriers to buyers and sellers |
286-299 |
| 26 | Burdens on transport, trade, and business
entry |
299-322 |
| 27 | Privileges and immunities Preemption |
328-336 337-344 |
| 28 | Rethinking the role of institutions inenforcing
the Constitution Courts "Ordinary" standing |
27-45 |
| 29 | Taxpayer standing |
Supplement # 5 |
| 30 | "Political questions" |
45-60 |
| 31 | The elected branches War powers |
371-375 Supplement #6 |
| 32 | Impeachment |
Supplement #7 |
| 33 | Congressional power over federal jurisdiction |
74-87 |
