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I. The Supreme Court's Authority and Role

 * 1. The Power of Judicial Review
 * Marbury v. Madison
 * The Background and Meaning of Marbury v. Madison
 * 2. Supreme Court Authority to Review State Court Judgments
 * Martin v. Hunter's Lessee
 * Further Clashes Between Supreme Court and State Court Authority
 * 3. Judicial Exclusivity in Constitutional Interpretation
 * Cooper v. Aaron
 * The Authoritativeness of Supreme Court Decisions
 * Political Restraints on the Supreme Court
 * 4. Constitutional an Prudential Limits on Constitutional Adjudication: The "Case or Controversy" Requirements
 * Advisory Opinions
 * Standing
 * Lujan v. Defenders of Wildlife
 * Massachusetts v. Environmental Protection Agency
 * The Constitutional and Prudential Elements of Standing
 * Mootness and Ripeness
 * Political Questions
 * Baker v. Carr
 * Distinguishing Legal from Political Questions

II. The Nation and the States in the Federal System

 * McCulloch v. Maryland
 * The Background and Meaning of McCulloch v. Maryland
 * U.S. Term Limits, Inc., v. Thornton
 * Term Limits and McCulloch

III. The Commerce Power and Its Federalism-Based Limits

 * 1. The Commerce Power Before the New Deal
 * Gibbons v. Ogden
 * Judicial Limits on the Commerce Power
 * Hammer v. Dagenhart (The Child Labor Case)
 * 2. The Commerce Power and the New Deal
 * 3. The Commerce Power After the New Deal
 * NLRB v. Jones & Laughlin Steel Corp.
 * United States v. Darby
 * Judicial Deference Toward Exercise of the Commerce Power
 * 4. The Rehnquist Court's Revival of Internal Limits on the Commerce Power
 * United States v. Lopez
 * Commerce Clause Review After Lopez
 * United States v. Morrison
 * The Limits of Lopez and Morrison
 * Gonzales v. Raich
 * Commerce Clause Review After Raich
 * 5. External Limits on the Commerce Power: Federalism and the Tenth and Eleventh Amendment
 * State Autonomy and the Tenth Amendment
 * New York v. United States
 * The Scope and Limits of the Anticommandeering Principle
 * State Sovereign Immunity and the Eleventh Amendment

IV. Other National Powers: Taxing, Spending, War, Treaties, and Foreign Affairs

 * 1. The Taxing Power as a Regulatory Device
 * Child Labor Tax Case (Baily v. Drexel Furniture Co.)
 * 2. The Spending Power as a Regulatory Device
 * United States v. Butler
 * The Spending Power After the New Deal
 * South Dakota v. Dole
 * The Spending Power After Dole
 * 3. The War and Treaty Powers and Implied Power Over Foreign Affairs
 * Woods v. Cloyd W. Miller Co.
 * Missouri v. Holland
 * The War and Treaty Powers and Federalism

V. Federal Limits on State Regulation of Interstate Commerce

 * 1. The Dormant Commerce Clause
 * Gibbons v. Ogden
 * The Nascent Dormant Commerce Clause
 * Cooley v. Board of Wardens
 * The Meaning and Implications of Cooley
 * Philadelphia v. New Jersey
 * Facial Discrimination Against Out-of-State Commerce
 * Home Processing Requirements
 * Dean Milk Co. v. Madison
 * C & A Carbone, Inc. v. Clarkstown
 * United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority
 * The Dean Milk-Carbone-United Haulers Trilogy
 * The Market Participant Exception
 * South-Central Timber Development, Inc. v. Wunnicke
 * Facially Neutral Laws With Protectionist Purpose or Effect
 * Baldwin v. G.A.F. Seelig, Inc.
 * H.P. Hood & Sons v. Du Mond
 * Identifying Protectionist Purposes and Effects
 * Facially Neutral Laws with a Disproportionate Adverse Effect on Commerce
 * Kassel v. Consolidated Freightways Corp.
 * Balancing Interstate Harm against Local Benefit
 * 2. The Interstate Privileges and Immunities Clause of Article IV
 * United Building & Construction Trades Council v. Mayor and Council of Camden
 * The Scope and Limits of Interstate Privileges and Immunities
 * 3. Congressional Ordering of Federal-State Relationships By Preemption and Consent
 * Congressional Preemption of State Regulation
 * Pacific Gas & Elec. Co. v. State Energy Resources Conservation & Development Comm'n
 * Modes of Preemption Analysis
 * Congressional Consent to State Regulation
 * 4. Other Aspects of Federal-State Relationships
 * State Taxation of Interstate Business
 * Intergovernmental Tax Immunities
 * Intergovernmental Regulatory Immunities
 * Mutual Obligations Among the States

VI. Separation of Powers

 * 1. Executive Violation of the Separation of Powers
 * Youngstown Sheet & Tube Co. v. Sawyer (The Steel Seizure Case)
 * Executive Authority to Make National Domestic Policy
 * Executive Authority Over Foreign and Military Affairs
 * Dames & Moore v. Regan
 * Dames & Moore vs. Youngstown
 * 2. Executive Discretion in Times of War or Terrorism
 * The President, Congress, and War Powers
 * Emergency Constitutionalism
 * Executive Detention and Trial of "Enemy Combatants"
 * Ex Parte Quirin
 * Executive Detention and Trial of "Enemy Combatants" After 9/11
 * Hamdi v. Rumsfeld
 * The Scope of Hamdi
 * Hamdan v. Rumsfeld
 * The Aftermath of Hamdan
 * 3. Congressional Violation of the Separation of Powers
 * Congressional Control Over the Actions of the Executive Branch
 * INS v. Chadha
 * Bicameralism and Presentment
 * Clinton v. New York
 * Congressional Control over Executive Officers
 * Bowsher v. Synar
 * Morrison v. Olson
 * The Aftermath of Morrison v. Olson
 * 4. Executive Privileges and Immunities
 * United States v. Nixon
 * The Scope and Limits of Executive Privilege
 * Clinton v. Jones
 * The Implications and Aftermath of Clinton v. Jones

VII. The Bill of Rights and the Post-Civil War Amendments: "Fundamental" Rights and the "Incorporation" Dispute

 * 1. Individual Rights Before the Civil War
 * Barron v. Mayor and City Council of Baltimore
 * 2. The Post-Civil War Amendments
 * Slaughter-House Cases
 * The Meaning of the Slaughter-House Cases
 * Saenz v. Roe
 * The Background and Meaning of Saenz v. Roe
 * 3. The "Incorporation" of the Bill of Rights Through the Due Process Clause
 * Duncan v. Louisiana
 * Incorporation Since Duncan

VIII. Due Process

 * 1. Substantive Due Process and Economic Liberties
 * Lochner v. New York
 * The Meaning and Implications of Lochner
 * Nebbia v. New York
 * The Demise of Lochner After the New Deal
 * Williamson v. Lee Optical Co.
 * Minimum Rationality Review of Economic Legislation
 * 2. Textual Guarantees of Economic Liberties: The Takings Clause and the Contracts Clause
 * The Takings Clause
 * The "Public Use" Requirement
 * Kelo v. City of New London
 * The Meaning and Implications of Kelo
 * Regulatory "Takings"
 * Pennsylvania Coal Co. v. Mahon
 * The Meaning and Implications of Pennsylvania Coal
 * The Contracts Clause
 * Home Building & Loan Ass'n v. Blaisdell
 * The Scope and Limits of Blaisdell
 * 3. Substantive Due Process and Privacy
 * Griswold v. Connecticut
 * Substantive Due Process and Contraception
 * Roe v. Wade
 * Substantive Due Process and Abortion
 * Planned Parenthood of Southeastern Pa. v. Casey
 * The Meaning and Implications of Casey
 * Gonzales v. Carhart
 * Substantive Due Process and Marriage and Family Relationships
 * Substantive Due Process and Sexuality
 * Lawrence v. Texas
 * The Meaning and Implications of Lawrence v. Texas]]
 * Substantive Due Process and Rights Over Death
 * Washington v. Glucksberg
 * The Meaning and Implications of Glucksberg
 * 4. Procedural Due Process and the Right to a Hearing
 * Defining "Property" and "Liberty""
 * What Process Is "Due"?

IX. Equal Protection

 * 1. Race Discrimination
 * The Unconstitutionality of Racial Segregation
 * Brown v. Board of Education Brown I
 * The Meaning and Implications of Brown v. Board
 * Implementing Brown v. Board
 * Eliminating Other Vestiges of Segregation
 * Loving v. Virginia
 * Facial Discrimination Against Racial Minorities
 * Racially Discriminatory Purpose and Effect
 * Washington v. Davis
 * The Meaning and Implications of Washington v. Davis
 * Affirmative Action and Race Preferences
 * Regents of Univ. of California v. Bakke
 * Race Preferences in Employment and Contracting
 * Adarand Constructors, Inc. v. Pena
 * Affirmative Action After Croson and Adarand
 * Grutter V. Bollinger
 * Gratz v. Bollinger
 * The Meaning and Implications of Grutter and Gratz
 * Racial Diversity in K-12 Public Education
 * Parents Involved In Community Schools v. Seattle School District
 * Race Preferences in Electoral Districting
 * Shaw v. Reno Shaw I
 * The Aftermath of Shaw I
 * 2. Other Arguably "Suspect" Classifications
 * Sex Discrimination
 * Craig v. Boren
 * Sex Equality After Craig v. Boren
 * United States v. Virginia
 * Sex Equality and Sex Differences
 * Gender-Based Purpose and Effect
 * Sex Preferences: Affirmative Action for Women vs. Ladies
 * Other Classifications Arguably Warranting Heightened Scrutiny
 * Alienage
 * Disability, Age, Poverty
 * Cleburne v. Cleburne Living Center, Inc.
 * The Cabining of Suspect Classifications
 * Sexual Orientation
 * Romer v. Evans
 * The Meaning and Implications of Romer
 * 3. Minimum Rationality Review of Economic Regulation
 * Railway Express Agency v. New York
 * Judicial Deference to Economic Regulation
 * U.S. Railroad Retirement Bd. v. Fritz
 * Should Rationality Review Be Stricter?
 * 4. The "Fundamental Interests" Branch of Equal Protection
 * Fundamental Interest in Voting
 * Harper v. Virginia State Board of Elections
 * Kramer v. Union Free School District No. 15
 * Strict Scrutiny of Vote Denials
 * Vote "Dilution": Reapportionment and Gerrymandering
 * Reynolds v. Sims
 * Judicial Scrutiny of Political Gerrymanders
 * Davis v. Bandemer
 * Fundamental Right to Access to Courts
 * Economic Barriers and the Criminal Process
 * Economic Barriers and Civil Litigation
 * M.L.B. v. S.L.J.
 * No Fundamental Interest in Food, Shelter, Education
 * San Antonio Independent School Dist. v. Rodriguez

X The Reconstruction Amendments: State Action and Congressional Power to Enforce Civil Rights

 * 1. The Civil Rights Statutes of the Reconstruction Era
 * 2. The Requirement of State Action
 * Civil Rights Cases
 * The Scope and Limits of State Action After the Civil Rights Cases
 * Shelley v. Kraemer
 * State Action After Shelley v. Kraemer
 * Jackson v. Metropolitan Edison Co.
 * Limits on State Action After Jackson and Moose Lodge
 * 3. Congressional Power to Reach Private Interference With Constitutional Rights
 * United States v. Guest
 * Criminal Sanctions for Private Interference With 14th Amendment Rights
 * Civil Sanctions for Private Interference With 14th Amendment Rights
 * Congressional Power to Reach Private Conduct Under the 13th Amendment
 * Jones v. Alfred H. Mayer Co.
 * 13th Amendment Powers and the 1866 Civil Rights Act
 * 4. Congressional Power to Enforce Civil Rights Under §5 of the 14th Amendment
 * Congressional Protection of Voting Rights
 * Katzenbach v. Morgan
 * The Meaning and Aftermath of Katzenbach v. Morgan
 * City of Boerne v. Flores
 * The Meaning of Scope and Boerne
 * United States v. Morrison
 * The Meaning and Scope of Morrison

XI. Freedom of Speech--Why Government Restricts Speech--Unprotected and Less Protected Expression

 * 1. Free Speech: An Overview
 * First Amendment History
 * First Amendment Theory
 * First Amendment Jurisprudence
 * 2. Incitement to Violence
 * Schenck v. United States
 * The "Clear and Present Danger" Test
 * Abrams v. United States
 * Refinements of and Alternatives to Clear and Present Danger
 * Masses Publishing Co. v. Patten
 * Comparing the Holmes and Hand Approaches
 * Gitlow v. New York
 * Whitney v. California
 * Criminal Anarchy and Syndicalism Laws
 * Dennis v. United States
 * "Clear and Present Danger" After Dennis
 * Brandenberg v. Ohio
 * The Meaning and Implications of Brandenburg
 * 3. Fighting Words and Hostile Audiences
 * "Fighting Words"
 * [[Cohen v. California
 * Hostile Audiences and the Heckler's Veto
 * Feiner v. New York
 * Distinguishing Feiner in Later Cases
 * 4. Injury to Reputation and Sensibility
 * Beauharnais and Group Libel
 * Libel
 * New York Times Co. v. Sullivan
 * The Meaning and Implications of New York Times
 * Extension of New York Times to Other Settings
 * Non-Defamation Torts
 * Hate Speech
 * R.A.V. v. City of St. Paul
 * The Meaning and Implications of R.A.V.
 * Virginia v. Black
 * 5. Sexually Explicit Expression
 * Obscenity
 * Roth v. United States; Alberts v. California
 * Obscenity Between Roth and Miller
 * Miller v. California
 * Paris Adult Theatre I v. Slaton
 * Obscenity Law After Miller and Paris
 * Child Pornography
 * Pornography as Subordination of Women
 * American Booksellers Ass'n v. Hudnut
 * Sexually Explicit but Non-Obscene Expression
 * Nudity bans
 * "Erogenous Zoning"