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 rights. It provides an historical context and an up-to-date focus on many of the constitutional questions that face today’s Supreme Court: the “regulatory taking” issue; limits on the commerce powers; eminent domain and the “public use”; the balance between property rights and First Amendment liberties; individual mandates; the “essential nexus” between government prohibition and purpose; and the fine line between taxation and expropriation. Special attention is directed at the Supreme Court’s 2012 decision concerning the constitutionality of the Affordable Care Act.
Among the leading cases considered are:
Wickard v. Filburn (1942)—the Commerce Power
U.S. v. California (1947)—ownership of tidelands oil
Nollan v. California C.C. (1987)—exactions
Phillips Petro. v. Mississippi (1988)—the public trust
Lucas v. South Carolina C.C. (1992)—regulatory takings
City of Boerne v. Flores (1997)—religious land use
Palazzolo v. Rhode Island (2001)—investment backed expectations
Brown v. Legal Foundation (2003)—IOLTA programs
Kelo v. City of New London (2005)—condemnation for economic development
Rapanos v. U.S (2006).—navigable waters
Stop the Beach v. Florida Environmental Protection (2009)—judicial takings
National Federation v. Sebelius (2012)—Obamacare
The course book consists of approximately 130 constitutional law cases which are electronically published in a searchable PDF format in E-scholarship Repository of the University of Maryland School of Law and is available without charge.
Current & Previous Instructors:
|549Q (CRN: 96067) Credits: 3|
Fall, 2013 (Day).
Mon: 9:50-10:45 Wed: 9:50-11:50.