American constitutional law (wykład) - 2018/2019

Course description
General information
Lecturer:dr Delaine Swenson prof. KUL
Organising unit:Faculty of Law, Canon Law and Administration - Instytut Prawa
Number of hours (week/semester): 2/30
ECTS code:10900-0201-0200WYK0084
Language of instruction:English
Course objective
COURSE TYPE AND PREREQUISITES: elective course for III, IV, V year students of law, administration, European studies, intermediate level of English.
OBJECTIVES: This class introduces students to legal issues under the United States Constitution. The class first explores the type of government the US Constitution creates focusing on issues like separation of powers and federalism. The second half of the course focuses on individual rights under the American system focusing on the Bill of Rights and rights like freedom of speech, association, religion, and privacy.
TEACHING TECHNIQUES: Socratic method, brain storm, small groups, cases, discussion.
Learning outcomes
Teaching method
Course content description
The Historical and Political Basis for the US Constitution

Reading: Declaration of Independence; Articles of Confederation;

Federalism and the Concepts of Separation of Powers; The Judicial Branch -Courts under the US Constitution

Reading: Marbury v. Madison; Martin v. Hunter’s Lessee; Lujan v. Defenders of Wildlife; Flast v. Cohen.

The Legislative Branch - Congress

Reading: McCulloch v. Maryland; Hammer v. Dagenhart; Wickard v. Filburn; Atlanta Motel v United States; United States v. Lopez; Bailey v. Drexel Furniture Company; South Dakota v. Dole; Reid v. Covert.

The Executve – The President and Administration

Reading: Morrison v. Olsen; Youngstown Co. v. Sawyer; 1973 War Powers Act; United States v. Nixon; Medellin v. Texas

First Amendment – Freedom of Religion – The Establishment Clause

Reading: Everson v. Board of Education of Ewing TP; Lemon v. Kurtzmen; Wallace v. Jaffree; Lynch v. Donnelly; McCreary County v. ACLU; Van Order v. Perry

First Amendment – Freedom of Religion – Free Exercise

Reading: West Virginia State Board of Education v. Barnette; Cantwell v. Connecticut; Torcaso v. Watkins; Sherbert v. Werner; Bowen v. Roy; Wisconsin v. Yoder; Employment Division v. Smith.

First Amendment – Freedom of Speech

Reading: Coates v. City of Cincinnati; New York Times Co. v. United States; Edwards v. South Carolina; United States v. O’Brien; Burning Crosses, Burning Flags – Expressive Conduct and Free Speech; Brandenburg v. Ohio.

Freedom of Speech Continued/Freedom of Press and Association

Reading: Cohen v. California; Chaplinsky v. New Hampshire; Miller v. California; New York Times Co. v. Sullivan; Richmond Newspapers Inc. v. Virginia.

The Right to Privacy

Reading: Griswold v. Connecticut; Roe v. Wade; Bowers v. Hardwick, Lawrence v. Texas

Procedural and Substantive Due Process

Reading: Duncan v. Louisiana;

The Right to Equal Protection

Reading: Rostker v. Goldberg; Craig v. Boren; Loving v. Virginia; Brown v. Board of Education; Korematsu v. United States; Gratz v. Bollinger

Right to Keep and Bear Arms; Right to Travel; Right to Refuse Medical Treatment

Reading: District of Columbia v. Heller; Others as assigned

Right to Vote; The Takings Clause

Reading: Crawford v. Marion County, Others as assigned

Contemporary Issues in American Constitutional Law

Reading: Boumediene v. Bush, Munaf v. Geren, Hamdan v. Rumsfeld
Forms of assessment
Required reading list
Required reading list: Obligatory reading materials are distributed during the course of the class. Reading includes cases from the United States Supreme Court.
Field of study: Law
Course listing in the Schedule of Courses:
Year/semester:Year IV - Semester 7
Number of ECTS credits: 6
Form of assessment: Grade
Year/semester:Year V - Semester 9
Number of ECTS credits: 6
Form of assessment: Grade