Constitutional Law II
"This seminar will examine constitutional decision making from two perspectives: how does one make a constitutional decision as a moral actor and how ought one to explain the decision. We will begin by reading a book by James Boyd White, Living Speech, and then read a series of constitutional law decisions, some familiar and some not, in the light of our questions."
We will begin by reading and discussing a book which argues that constitutional law is best seen as historically conditioned (the specific outcomes in constitutional controversies are largely determined by the politics of the day) but which rejects the conclusion that constitutional law is nothing but politics by other means. We will then work our way through a number of areas of constitutional doctrine, considering both the extent to which the doctrine reflects politics, and the possibility that something else is also at work.
Short response papers and consistent participation in class discussion will be important components of the seminar.
Please note that course organization and content may vary substantially from semester to semester and descriptions are not necessarily professor specific. Please contact the instructor directly if you have particular course-related questions.