The course considers cases carefully selected from the 200 years of American constitutional history which address the clash between public sovereignty, private property, and civil liberties. It provides an historical context and an up-to-date focus on the judicial review of land use controls, environmental regulations, condemnations, taxes and exactions, individual mandates, restraints on speech and the exercise of religion, and federal exercises of the commerce power. “Regulatory taking”, “inverse condemnation”, “public use”, “navigable waters”, “navigation servitude”, “essential nexus “, and “unconstitutional conditions” are among the constitutional law concepts and doctrines considered. Special attention is paid to Supreme Court’s 2012 decision concerning the constitutionality of the Affordable Care Act.
The course book consists of edited U.S. Supreme Court decisions that are electronically published in a searchable PDF format in the E-scholarship Repository of the University of Maryland Carey School of Law. It is available without charge.
Previously Titled: Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions
Current & Previous Instructors:
|This course is not currently scheduled.|
Last offered Fall 2014.