Constitutional Law: Institutional Powers and Constraints
Political Science 3431
Spring 2021
Page numbers below refer to Epstein & Walker, Constitutional Law for a Changing America: Institutional Powers and Constraints, 10th edition. Three readings—all new cases—aren't in the book. Click on the links (as indicated below) to access them.
If you're interested in reading cases discussed but not excerpted in the book, check out the Constitutional Law for a Changing America Case Archive at: https://edge.sagepub.com/conlaw. For supplemental readings on any of the cases or topics we cover, please feel free to email me at epstein@wustl.edu
Finally, the dates in parentheses are approximate. We'll try to stick to the schedule but departures may occur. At the end of each class I'll announce the readings for the next session.
Part One. Introductory Material
(January 25-February 1)
I. The U.S. Constitution and the Supreme Court (pp. 2-42)
A. The Constitution and Its Key Features
B. The American Legal System
1. Structure
2. Supreme Court Procedures
C. Approaches to Constitutional Interpretation
D. Reading and Briefing Cases
Part Two. The Distribution of Power Among the Branches of the Federal Government
II. The Judiciary (February 3-February 17)
A. Judicial Review (pp. 60-75). Marbury v. Madison (1803), Martin v. Hunter's Lessee (1816)
B. Constraints on Judicial Power
Jurisdiction (pp. 83-86). Ex parte McCardle (1869)Justiciability (pp. 91-95, 103-108). Nixon v. United States (1993)
Standing to Sue (pp. 109-110)
III. The Legislature (February 17-February 24)
A. Membership in Congress (pp. 122-129). Powell v. McCormack (1969)
B. Sources and Scope of Congressional Power
Enumerated Powers
Implied Powers (pp. 141-154). McCulloch v. Maryland (1819)
C. Power to Investigate (pp. 154-158): McGrain v. Daugherty (1927). Also read Trump v. Mazars (2020), which isn't in the book. Click here to download it.
IV. The Executive (February 24-March 22)
A. Debates over Executive Power (pp. 195-206). In re Neagle (1890)
B. Domestic Powers of the President
Veto Power (pp. 208-213). Clinton v. City of New York (1998)Appointments (pp. 213- 220) and Removals (pp. 226-235). Morrison v. Olson (1988), Myers v. United States (1926), Humphrey's Executor v. United States (1935)Executive Privilege (pp. 235-241). United States v. Nixon (1974)Presidential Immunity (pp. 242-253). Mississipi v. Johnson (1867); Nixon v. Fitzgerald (1982), Clinton v. Jones (1997). Also read Trump v. Vance (2020), which isn't in the book. Click here to download it.C. Foreign Affairs (we'll discuss later, under V.B)
[No Class March 3 (Wellness Day)]
[The Midterm Examination is on March 17]
V. Inter-Branch Interactions (March 22-April 7)
A. Domestic Disputes
The Delegation of Legislative Powers (pp. 266-269). Also read Gundy v. United States (2019), which isn't in the book. Click here to download it.Legislative Veto (pp. 274-279). INS v. Chadha (1983)
B. Foreign Affairs and War (pp. 284-286, 304-321). Youngstown Sheet & Tube Co. v. Sawyer (1952), Dames & Moore v. Regan (1981), Zivotofsky v. Kerry, Secretary of State (2015)
Part Three. An Introduction to Nation-State Relations
(April 14-May 3)
VI. Federalism: Some Introductory Notes (pp. 336-340, 344-347). McCulloch v. Maryland (1819)
VII. The Commerce Power
A. Foundations of Commerce Power (pp. 405-412). Gibbons v. Ogden (1824)
B. The Commerce Power before the New Deal Confrontation (pp. 422-428). Champion v. Ames (1903), Hammer v. Dagenhart (1918)
C. Modern Commerce Clause Doctrine I (pp. 449-457). United States v. Darby (1941), Wickard v. Filburn (1942)
D. Modern Commerce Clause Doctrine II. United States v. Lopez (1995) (pp. 464-470), Gonzales v. Raich (2005) (pp. 478-483), NFIB v. Sebelius (2012) (pp. 485-493)
[No Class April 12 (Wellness Day)]
[The Final Examination is on Tuesday, May 11]