Course Schedule

This course is about reproductive rights under U.S. law and reproductive justice in U.S. policy and practice. We will consider sex, parenting, pregnancy, labor & delivery, reproduction, and contraception as rights and as targets of regulation. We will also learn to analyze issues of law and policy through a reproductive justice framework. We will consider and evaluate reproduction as experienced by racial minorities, LGBTQ populations, incarcerated women, and disabled people, among others.

The course will deal with the post-Court-packing Supreme Court, across the total range of constitutional issues, right up to the present. The focus will be less on doctrine and more on how the Surpeme Court fits within the political sphere. As such it will look more like a political science course and there will be no casebook. Instead four books on the Court will be used, two by Lucas A. Powe, Jr., (The Supreme Court and the American Elite; The Warren Court and American Politics) and one by Joan Biskupic, Nine Black Robes.

The course will deal with the post-Court-packing Supreme Court, across the total range of constitutional issues, right up to the present. The focus will be less on doctrine and more on how the Surpeme Court fits within the political sphere. As such it will look more like a political science course and there will be no casebook. Instead four books on the Court will be used, two each by Lucas A. Powe, Jr., (The Supreme Court and the American Elite; The Warren Court and American Politics) and Mark Tushnet (A Court Divided; In the Balance). All are available in paperback.

Federalism is a contient aspect of American constitutionalism.  That being said, it is also important to recognize that literally from the very beginning of the constitutional republic in 1789, the operative meaning of "American federalism" has always been a source of contention, which, of course, became bitter enough by 1860 to trigger secession and a subsequent war that killed approximatly 750,000 combatants (who may or may not be identified as "Americans").  So we will be looking at a lot of the "theoretical" issues surrounding federalism, beginning with the possible meanings of "We the People" that purported "ordain" the new polity.  Is there one singular "American people" (and, if so, who is contained within it?), or is the "united States" (as some copies of the Declaration of Independence spelled the name of the new country) composed of the uneasy joinder of distinctly separate "peoples" living in the different states? The first Supreme Court case we will read--and ponder for at least a full class--will be beginning Chisholm v. Georgia (1793), concerning so called "sovereign immunity" of states from being sued in federal courts.  We'll also be reading the Kentucky and Virgninia Resolutions of 1798-99 and their particular take on the basis of the Union, including the possibilities of "nullification" and even, perhaps, secession.  But, obviously, these "theoretical" issues are complemented by extremely "practical" concerns.  How should one respond to states that attempt to secede; and even after secession is subdued (by force), what might "reconstruction" of a federal union might mean, in both theory and in practice?  Moreover, it will be helpful, in understanding "American federalism," to pay at least limited attention to other forms of federalism around the world.  Should, for example, all sub-national units be viewed as "equal" (symmetcial federalism), or is it both necessary and proper to recognize that some such units are so substantially different from others, as with, for example, language or concentration of natural resources, that it is legitimate to adopt "asymmetical federalism."  

We will pay suitable attention to classic Supreme Court cases and to more recent articlations by the Court as to the complexities generated by subnational-states in a Union.  But "suitable" does not mean exclusive. And, of course, Supreme Court decisions must always be understood in terms of their wider political and historical contexts.  

Federalism is a contient aspect of American constitutionalism.  That being said, it is also important to recognize that literally from the very beginning of the constitutional republic in 1789, the operative meaning of "American federalism" has always been a source of contention, which, of course, became bitter enough by 1860 to trigger secession and a subsequent war that killed approximatly 750,000 combatants (who may or may not be identified as "Americans").  So we will be looking at a lot of the "theoretical" issues surrounding federalism, beginning with the possible meanings of "We the People" that purported "ordain" the new polity.  Is there one singular "American people" (and, if so, who is contained within it?), or is the "united States" (as some copies of the Declaration of Independence spelled the name of the new country) composed of the uneasy joinder of distinctly separate "peoples" living in the different states? The first Supreme Court case we will read--and ponder for at least a full class--will be beginning Chisholm v. Georgia (1793), concerning so called "sovereign immunity" of states from being sued in federal courts.  We'll also be reading the Kentucky and Virgninia Resolutions of 1798-99 and their particular take on the basis of the Union, including the possibilities of "nullification" and even, perhaps, secession.  But, obviously, these "theoretical" issues are complemented by extremely "practical" concerns.  How should one respond to states that attempt to secede; and even after secession is subdued (by force), what might "reconstruction" of a federal union might mean, in both theory and in practice?  Moreover, it will be helpful, in understanding "American federalism," to pay at least limited attention to other forms of federalism around the world.  Should, for example, all sub-national units be viewed as "equal" (symmetcial federalism), or is it both necessary and proper to recognize that some such units are so substantially different from others, as with, for example, language or concentration of natural resources, that it is legitimate to adopt "asymmetical federalism."  

We will pay suitable attention to classic Supreme Court cases and to more recent articlations by the Court as to the complexities generated by subnational-states in a Union.  But "suitable" does not mean exclusive. And, of course, Supreme Court decisions must always be understood in terms of their wider political and historical contexts.  

This course will introduce the three structural principles of the Constitution - federalism, checks and balances, and the separation of powers - as well as the individual rights the Constitution protects.

The course is an examination of the Consitution as a document of law, political theory, and politics. Focus is primarily on federalism, separation of powers, and some aspects of due process and equal protection. Much effort is put into helping students learn how to think about constitutional law as future lawyers and as citizens. It is taught largely with by the Socratic Method.

We will be studying Constitutional Law together at an extraordinary and difficult moment. Our constitutional arrangements have been put under considerable stress, and little seems happily settled. We will have just emerged from a difficult election, and our national electoral arrangements are creaky at best and democratically questionable at worst. The Supreme Court, which will be the object of much of our attention, is itself shrouded in controversy, with the death of Justice Ruth Bader Ginsburg followed by a politically-fraught appointment to the Court and questions of court-packing hanging in the air. The reasons we have a Constitution, how we should interpret the Constitution, and how it can be amended are suddenly especially prominent issues. Dusty questions of federalism and separation of powers are now vividly and concretely important, with some state governments and the President at war over immigration, the environment, and social justice, on the one hand, and Congress and the President at odds on the other. In the domain of social justice, controversy over the meaning of equality is far from new, but so too is it far from settled. Affirmative action, abortion and same sex intimacy and marriage are all objects of recent or current sharp contention. Our project will be to consider and try to understand the role of the Constitution, the courts and our political community in addressing the questions that presently swirl around us. I do not expect or hope that we will all agree. I do hope that we will all deepen our understanding of how best to think about these matters, and I will insist that our conversations be conducted in an environment of mutual respect. I said at the outset that this is an extraordinary and difficult moment to study constitutional law.. It is also an exciting moment to do so, and I am looking forward to seeing you all. --Larry Sager

Distribution of powers between federal and state governments; constitutional limitations on and judicial review of governmental action.

Distribution of powers between federal and state governments; constitutional limitations on and judicial review of governmental action.

Distribution of powers between federal and state governments; constitutional limitations on and judicial review of governmental action.

The course is an examination of the Consitution as a document of law, political theory, and politics.  Focus is primarily on federalism, separation of powers, and some aspects of due process and equal protection.  Much effort is put into helping students learn how to think about constitutional law as future lawyers and as citizens.  It is taught largely with by the Socratic Method. 

This course will introduce the three structural principles of the Constitution - federalism, checks and balances, and the separation of powers - as well as the individual rights the Constitution protects.

We will be studying Constitutional Law together at an extraordinary and difficult moment.  Our constitutional arrangements have been put under considerable stress, and little seems happily settled. We will have just emerged from a difficult election, and our national electoral arrangements are creaky at best and democratically questionable at worst. The Supreme Court, which will be the object of much of our attention, is itself shrouded in controversy, with the death of Justice Ruth Bader Ginsburg followed by a politically-fraught appointment to the Court and questions of court-packing hanging in the air. The reasons we have a Constitution, how we should interpret the Constitution, and how it can be amended are suddenly especially prominent issues. Dusty questions of federalism and separation of powers are now vividly and concretely important, with some state governments and the President at war over immigration, the environment, and social justice, on the one hand, and Congress and the President at odds on the other. In the domain of social justice, controversy over the meaning of equality is far from new, but so too is it far from settled. Affirmative action, abortion and same sex intimacy and marriage are all objects of recent or current sharp contention. 

Our project will be to consider and try to understand the role of the Constitution, the courts and our political community in addressing the questions that  presently swirl around us. I do not expect or hope that we will all agree. I do hope that we will all deepen our understanding of how best to think about these matters, and I will insist that our conversations be conducted in an environment of mutual respect. 

I said at the outset that this is an extraordinary and difficult moment to study constitutional law.. It is also an exciting moment to do so, and I am looking forward to seeing you all.

--Larry Sager

Distribution of powers between federal and state governments; constitutional limitations on and judicial review of governmental action.

Distribution of powers between federal and state governments; constitutional limitations on and judicial review of governmental action.

This course will introduce the three structural principles of the Constitution - federalism, checks and balances, and the separation of powers - as well as the individual rights the Constitution protects.

Distribution of powers between federal and state governments; constitutional limitations on and judicial review of governmental action.

The course is an examination of the Consitution as a document of law, political theory, and politics.  Focus is primarily on federalism, separation of powers, and some aspects of due process and equal protection.  Much effort is put into helping students learn how to think about constitutional law as future lawyers and as citizens.  It is taught largely with by the Socratic Method. 

We will be studying Constitutional Law together at an extraordinary and difficult moment.  Our constitutional arrangements have been put under considerable stress, and little seems happily settled. We will have just emerged from a difficult election, and our national electoral arrangements are creaky at best and democratically questionable at worst. The Supreme Court, which will be the object of much of our attention, is itself shrouded in controversy, with the death of Justice Ruth Bader Ginsburg followed by a politically-fraught appointment to the Court and questions of court-packing hanging in the air. The reasons we have a Constitution, how we should interpret the Constitution, and how it can be amended are suddenly especially prominent issues. Dusty questions of federalism and separation of powers are now vividly and concretely important, with some state governments and the President at war over immigration, the environment, and social justice, on the one hand, and Congress and the President at odds on the other. In the domain of social justice, controversy over the meaning of equality is far from new, but so too is it far from settled. Affirmative action, abortion and same sex intimacy and marriage are all objects of recent or current sharp contention. 

Our project will be to consider and try to understand the role of the Constitution, the courts and our political community in addressing the questions that  presently swirl around us. I do not expect or hope that we will all agree. I do hope that we will all deepen our understanding of how best to think about these matters, and I will insist that our conversations be conducted in an environment of mutual respect. 

I said at the outset that this is an extraordinary and difficult moment to study constitutional law.. It is also an exciting moment to do so, and I am looking forward to seeing you all.

--Larry Sager

Distribution of powers between federal and state governments; constitutional limitations on and judicial review of governmental action.

Distribution of powers between federal and state governments; constitutional limitations on and judicial review of governmental action.

Distribution of powers between federal and state governments; constitutional limitations on and judicial review of governmental action.

Distribution of powers between federal and state governments; constitutional limitations on and judicial review of governmental action.