CONSTITUTIONAL LAW III: EQUAL PROTECTION AND SUBSTANTIVE DUE PROCESS. 40301.
This course considers the history, theory, and contemporary law of the post-Civil War Amendments to the Constitution, particularly the Equal Protection and Due Process Clauses of the Fourteenth Amendment. The central subjects are: the constitutional law governing discrimination on the basis of race, gender, and other characteristics; the recognition of individual rights not explicitly enumerated in the Constitution; and the constitutional distinction between state and private action. Throughout, students consider certain foundational questions, including the role of courts in a democracy, and the question of how the Constitution should be interpreted. The student’s grade in Mr. Obama’s section is based on a take home examination. The student’s grade in Mr. Strauss’ section is based on a proctored final examination. Autumn (3) Mr. Obama, Winter (3) Mr. Strauss.