Professor Mark A. Graber
Office: 3140G Tydings Hall
Office Hours-- Tuesday 9:00-11:00
NOTE: I am generally in most mornings
Office Phone--405-4215
Email--mgraber@gvpt.umd.edu

Teaching Assistant: Michael Perhac
Office: 5143 Tydings Hall
Office Hours: Th 1:30-3:30 and by appointment
Office Phone: 301-405-4131
Email: mperhac@gvpt.umd.edu

Sections

0101--Th 9:30-10:20 (KEY 0119)
0102--Th 11:00-11:50
0103--Th 12:30-1:20 (TYD 1128)

Course Content

The purpose of this course is to introduce the student to basic topics in American Constitutional Law, in particular, federalism, the separation of powers, and government power to regulate the economy (civil rights and civil liberties are the subject of GVPT 432, though economic rights are discussed this term). We will explore how the American government was originally designed and the extent to which that design has survived the past two-hundred years. We will also explore whether a nation entering the twenty-first century should consider itself bound by a late eighteenth century constitution. Indeed, what is so good about constitutionalism in general?
This course will focus for the most part on constitutional decisions. You should not identify, however, constitutionalism with judicial review. Among the questions we shall consider is what role judicial review should play in a constitutional democracy and how other constitutional actors influence American constitutional development.
For the most part, course and texts in the United States that are titled "Constitutional Law" are about the constitution of the United States, omitting entirely state constitutions and the constitutions of foreign countries (or other constitutions, for example, the government department is writing a new constitution for our own governance). For the most part, this course is as parochial (I'm slowly working up a comparative constitutional law course). The text we will be using, fortunately, is the only text on American constitutional law that I know of that has a serious constitutional dimension. Throughout the course, we will be consistently comparing other constitutional practices to American practices. We will be interested both in the reasons for differences (and similarities), whether American constitutional practices should be exported, or whether some foreign constitutional practices might be imported.

Course Requirements

Five Page Paper--Due October 11
Topics-- Choose one of the following
1. Should Americans Abandon Judicial Review?
2. What is the most mistaken provision in the present constitution relating to structure of government
Ten Page Paper--Due December 11
Topic--Analyze and Critique One Case discussed this term
1. What was the reasoning of the majority
2. What was the reasoning of any other opinions
3. Were those reasons sound?

Midterm–Wednesday, October 25, in class
Final--Tuesday, December 19, 10:30-12:30

Grading Criteria

Grades will be computed as follows. The final will be worth approximately 40% of the ultimate grade. The ten page paper and the midterm will each be worth approximately 20% of the final grade. Section performance and the five page paper will each be worth approximately 10% of the final grade. In cases where a grade is on the border line, extra weight will be given to improvement over time and section performance.

Course Books

Storing, What the Anti-Federalists Were For
Hamilton, Madison and Jay, The Federalist Papers
Kommers and Finn, American Constitutional Law

The above books are all available in the Coop and wherever academic books are overpriced.

Course Schedule

August 30: Introduction

No reading assignments

September 6-20: The Federalist Papers

Madison, Hamilton and Jay, The Federalist Papers
September 6: 1-2, 8-10, 14-17, 21-22
September 11: 23-25, 30-32, 35-37, 39-41, 44
September 13: 45-55, 57
September 18: 62-63, 68-71, 78, 84-85
September 20: Storing, What the Anti-Federalists Were For

Good additional (not required readings include)

Storing, ed., The Complete Anti-Federalist
Sheehan and McDowell, ed., Friends of the Constitution: Writings of the "Other" Federalists
Farrand. The Framing of the Constitution of the United States
Farrand, ed., The Records of the Federal Convention of 1787
Madison, Notes of Debates in the Federal Convention of 1787
Kurland and Lerner, ed., The Founder's Constitution
Rakove, Original Meanings
Hofstadter, The American Political Tradition, pp. 3-55

September 25-October 2: Introduction to Constitution Law

American Constitutional Law, pp. 9-53, 881-84

October 4-11: Judicial Review: The Law

American Constitutional Law, pp. 51-112

Five Page Paper--Due October 11
Topics-- Choose one of the following
1. Should Americans Abandon Judicial Review?
2. What is the most mistaken provision in the present constitution relating to structure of government

October 16-23: Separation of Powers

American Constitutional Law, pp. 113-65

MIDTERM--OCTOBER 25, 1997--IN-CLASS

October 30- November 6: Federalism

American Constitutional Law, pp. 167-220

November 8-15:Congressional Powers

American Constitutional Law, pp. 221-278

November 20-22: Guns

To Be Announced

November 27-November 29:Foreign Affairs and Constitutional Crisis

American Constitutional Law, pp. 279-327

December 4-11: Property Rights

American Constitutional Law, pp. 379-440

Ten Page Paper--Due December 11
Topic--Analyze and Critique One Case discussed this term
1. What was the reasoning of the majority?
2. What was the reasoning of any other opinions?
3. Do other constitutions adopt similar practices?
4. Were those reasons sound?

FINAL EXAMINATION--TUESDAY, DECEMBER 19, 10:30-12:30