658 T - 14th Amendment
Professor: Daniel P. Tokaji
Semester: 2009 Winter
Second Writing? No
Professional Responsibility? No
The Fourteenth Amendment conferred the right of citizenship upon people who had never before enjoyed it, promised equal protection of law, and fundamentally altered the relationship between the federal and state governments. This advanced course in constitutional law will examine current, recurrent, and lasting topics of interest under the Fourteenth Amendment. After reviewing the Supreme Court’s seminal decision in Brown v. Board of Education, the course will consider the extent to which the Fourteenth Amendment restructured the relationship between the federal and state governments. We will discuss recent cases pertaining to Congress’ enforcement power and state power over property. We will then turn to equal protection cases involving discrimination based on race, sex, and sexual orientation. The course will close with consideration of the Fourteenth Amendment’s protection for fundamental rights, including voting, privacy, and interstate movement. Throughout the course, we will pay special attention to how such grand yet open-ended ideals as "equal protection," "due process," and "the privileges or immunities of citizens of the United States" are given content and how they should be made real.
The course materials listed above are for informational purposes only and should not be considered final. Students must check with the Registrar for a current list of closed courses.