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The University of Texas at Austin School of Law

Const Law II: Constitutional Interpretation

  • Semester: Spring 2010
  • Course ID: 381C
  • Credit Hours: 3
  • Unique: 28820

Course Information

Registration Information

  • Upperclass-only elective
  • Reversed priority

Meeting Times

Day Time Location
MON, TUE, WED 10:30 - 11:20 am TNH 3.114

Evaluation Method

Type Date Time Location
May 13, 2010

Description

This is a class in constitutional interpretation. We will examine cases from various doctrinal areas such as federalism, equal protection (particularly, affirmative action), Second Amendment right to bear arms, etc. in order to obtain a clear view of how the Court derives constitutional law from the text of the Constitution and other sources. We will pay particular attention to the debate between the originalists and the advocates of the so-called Living Constitution model of interpretation, and also the debate between those who see the primary role of constitutional decision-making as that of facilitating democratic processes and those who see the primary role as that of adhering to some substantive values. In addition to the cases, readings will be drawn from the writings of some leading constitutional commentators, including John Hart Ely, Laurence Tribe, and Ronald Dworkin.

Instructors

Headshot of Toh, Kevin G Toh, Kevin G
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