Week 3 states rights judicial review and the police

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Week 3 States’ Rights, judicial review, and the Police Power Readings: BL, 125-145; MPACH, 113-156, 159-191 Additional Cases: Gibbons v. Ogden , 22 U.S 1 (1824) Dartmouth College v. Woodward , 17 U.S. 518 (1819) Charles River Bridge Company v. Warren Bridge , 36 U.S. 420 (1837) Commonwealth v. Alger 61 Mass 53 (1851) Focus Question: How did the rulings of the Marshall Court facilitate the growth of capitalism? On Sept 17 we will have a roundtable discussion of the upcoming Supreme Court Term. Attendance at this event is required. Please bring a question about the upcoming term and be prepared to ask it during the Q and A after the talk. See for information on the big constitutional cases before SCOTUS in the coming term Week 4 Race and the Court Readings: BL, 146-172 ; MPACH, 157--201 The State v. John Mann . 13 N.C. 263 (1829) Prigg v. Pennsylvania 41 U.S. 539 (1842) Ableman v. Booth 62 U.S. 506 (1858) Focus Question: Was the US Constitution a pro-slavery document? No Class Fri Sept 24 Week 5 The Civil War and Lincoln’s Constitutionalism 5
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Readings: BL, 172-185; MPACH, 192-227 Focus Question: Did Lincoln’s suppression of civil liberties weaken constitutional government or strengthen it? Week 6 The 14 th Amendment: Liberty, Federalism, and the Problem of Race Readings: BL, 186- 208; MPACH, 231-272; The Origins of the 14 th Amendment Additional cases: U S v. Cruikshank 92 U.S. 542 (1875 Focus Question: What was the original understanding/(s) Section One of the 14 th Amendment? Week 7 Substantive Due Process: The Rise of Lochnerism and the Limits of Individual Liberty Readings: BL, 209-230; MPACH, 276-309 Additional Cases: Buck v. Bell , 274 U.S. 200 (1927) Skinner v. Oklahoma , 316 U.S. 535 (1942). Focus Quotation: What is Lochnerism and should we be afraid of it? Week 8 Progressive Reform, the Red Scare and the Birth of Modern Civil Liberties Readings: BL, 231-267 ; MPACH, 313-344 Focus Question: Is the clear and present danger test a serious constraint on government suppression of dissenting speech? Week 9 The New Deal and Modern Regulatory State Readings: BL, 268-287 ; MPACH, 348-382, 486-488 Additional Cases: US v. Carolene Products 304 U.S. 144 (1938) [ hint: read the footnotes very carefully ] 6
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Focus Question: Are some rights more important than others? Should economic rights such as contract and private property be protected the same way freedom of speech is protected? No class on Fri Oct. 29 Week 10 The Cold War and Civil Rights Readings: BL,295-318 ; MPACH, 385-415 Additional Readings: Hubert Humphrey Speech at the Democratic National Convention Additional Case: Feiner V. New York 340 U.S. 315 Focus Question: Is the concept of states’ rights a road block to the achievement of civil rights in the modern era or is it one of the indispensible ways of protecting liberty against the threat posed by a strong central government?
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