American Constitutional Law Instructor Matt LeMieux

Contact Information [email_address] No Office Hours I am in Münster on Monday evenings only.

[email_address]

No Office Hours

I am in Münster on Monday evenings only.

Course Requirements Required: Power and Rights in U.S. Constitutional Law by Thomas Lundmark Recommended: online legal dictionary dictionary.law.com Secondary sources Constitutional Law (Hornbook Series) by John E. Nowak, Ronald Rotunda Class participation Class Website

Required: Power and Rights in U.S. Constitutional Law by Thomas Lundmark

Recommended: online legal dictionary

dictionary.law.com

Secondary sources

Constitutional Law (Hornbook Series) by John E. Nowak, Ronald Rotunda

Class participation

Class Website

Class Website Everything you need to know is posted on this site. http://class.mblemieux.com username = conlaw password = ffa Periodically, material in addition to reading assignments from the book will be posted here.

Everything you need to know is posted on this site.

http://class.mblemieux.com

username = conlaw

password = ffa

Periodically, material in addition to reading assignments from the book will be posted here.

A Little About You Name Where are you from Why U.S. Con Law? Or why not British or Australian Con Law?

Name

Where are you from

Why U.S. Con Law?

Or why not British or Australian Con Law?

Where We Are Headed First part of semester will focus on government (the Constitution) Second part will focus on fundamental rights (Bill of Rights and amendments to the Constitution).

First part of semester will focus on government (the Constitution)

Second part will focus on fundamental rights (Bill of Rights and amendments to the Constitution).

Reading & Briefing Cases Why Brief Cases? As an analytical tool As a note taking device Why Read Cases? some are basically the law, landmark cases. some are examples of how courts apply past precedent.

Why Brief Cases?

As an analytical tool

As a note taking device

Why Read Cases?

some are basically the law, landmark cases.

some are examples of how courts apply past precedent.

Briefing a Case Caption Facts Issue Holding Reasoning Notes

Caption

Facts

Issue

Holding

Reasoning

Notes

Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) FACTS: A brief summary of the facts that gave rise to the dispute, including the outcome of the case in the trial court. Include only the facts that are important to the court's decision. Issue Holding Reasoning Notes

FACTS: A brief summary of the facts that gave rise to the dispute, including the outcome of the case in the trial court. Include only the facts that are important to the court's decision.

Issue

Holding

Reasoning

Notes

Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) Facts ISSUE: The specific legal issue the court whose opinion you are reading was asked to decide. Holding Reasoning Notes

Facts

ISSUE: The specific legal issue the court whose opinion you are reading was asked to decide.

Holding

Reasoning

Notes

Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) Facts Issue. HOLDING: The court's decision of the issue presented to it, stated in the form of a rule that will be binding in subsequent cases. Reasoning Notes

Facts

Issue.

HOLDING: The court's decision of the issue presented to it, stated in the form of a rule that will be binding in subsequent cases.

Reasoning

Notes

Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) Facts Issue Holding REASONING: A summary of the court's reasoning. Identify the steps in the court's logic precisely. Pay attention to the arguments each side advanced, and to the court's reasons for accepting or rejecting them. Notes

Facts

Issue

Holding

REASONING: A summary of the court's reasoning. Identify the steps in the court's logic precisely. Pay attention to the arguments each side advanced, and to the court's reasons for accepting or rejecting them.

Notes

Question Can you name any of the three branches of government? 68% of Americans could name at least one. Do you think this is a high or low number?

Can you name any of the three branches of government?

68% of Americans could name at least one.

Do you think this is a high or low number?

Questions Some people think it is okay for the president to ignore a Supreme Court ruling if the President believes the ruling will prevent him from protecting the country against terrorist attacks. Others think the President must follow a Supreme Court ruling no matter what the circumstances. Which position is closer to your opinion? If the Supreme Court issues a ruling that the President disagrees with, should the president do what he thinks is in the best interests of the country or should the President follow the Supreme Court’s ruling?

Some people think it is okay for the president to ignore a Supreme Court ruling if the President believes the ruling will prevent him from protecting the country against terrorist attacks. Others think the President must follow a Supreme Court ruling no matter what the circumstances. Which position is closer to your opinion?

If the Supreme Court issues a ruling that the President disagrees with, should the president do what he thinks is in the best interests of the country or should the President follow the Supreme Court’s ruling?

Not a Direct Democracy Book says U.S. is not direct democracy. Congress is directly elected. President really is not. Judges are not. No recalls No direct initiatives (referendums) NOTE – each state has its own constitution some states do look more like direct democracy.

Book says U.S. is not direct democracy.

Congress is directly elected.

President really is not.

Judges are not.

No recalls

No direct initiatives (referendums)

NOTE – each state has its own constitution

some states do look more like direct democracy.

Separation of Powers Three Branches of Government In theory, each checks the other. Legislative Branch – law makers Executive Branch – law enforcers Judicial Branch – law interpreters As text suggests, there is some overlap. Executive Agencies make regulations. Courts make law.

Three Branches of Government

In theory, each checks the other.

Legislative Branch – law makers

Executive Branch – law enforcers

Judicial Branch – law interpreters

As text suggests, there is some overlap.

Executive Agencies make regulations.

Courts make law.

The Ever-Evolving Constitution We will look at current events to show how these ideas continue to evolve. Enemy Combatant Cases All three branches played role NSA wiretaps President backtracked after 2006 Congressional election. Guantanamo Detainees and Military Courts The President spoke. Then the court overruled, then Congress spoke.

We will look at current events to show how these ideas continue to evolve.

Enemy Combatant Cases

All three branches played role

NSA wiretaps

President backtracked after 2006 Congressional election.

Guantanamo Detainees and Military Courts

The President spoke. Then the court overruled, then Congress spoke.

Next Week: Legislative Power pp. 11-30 in Power & Rights 217-222 (skim) Power & Rights Come ready to answer questions (see lecture notes) concerning the two cases. Heart of Atlanta Motel U.S. v. Lopez

pp. 11-30 in Power & Rights

217-222 (skim) Power & Rights

Come ready to answer questions (see lecture notes) concerning the two cases.

Heart of Atlanta Motel

U.S. v. Lopez