Fall 2022
5488 Constitutional Law - KNAKE JEFFERSON- 12287

Professor(s): Renee Knake Jefferson (FACULTY)

Credits: 4

Course Areas: 2nd Year - Part-Time 

Time: AsynchDistanceEd    Location:  

Course Outline: This introductory course will cover the text of the United States Constitution, the power of judicial review over federal and state legislation, and the scope of (and limitations on) the federal government’s power via sources such as commerce, spending, taxing, war and enforcement sections of the post-Civil War amendments. It will cover constitutional constraints on the allocation of federal power amongst the executive, legislative and judicial branches. Individual rights guaranteed by the Constitution will also be addressed, including rights to free speech and religious freedom under the first amendment, as well as rights such as due process and equal protection created or incorporated by the 14th amendment. The course will also briefly consider the treatment of Indians, immigrants and territories under the Constitution.

Course Syllabus: Syllabus

Course Notes: (Asynchronous Online)  The UH registration system instruction mode for this course is listed in parenthesis. After student registration opens, there may be instruction mode changes to this course up through two weeks before the first day of classes for the term, but notice of such changes will be sent to then-registered students. Some student materials may not be available online, such as an assigned casebook. Any assessment for the course, such as a final examination or a mid term exam, will be conducted without the need to physically come to the Law Center, such as, for example, via the EBB portal as a take home exam or under remote proctoring.


First Day Assignments:

  1. Register for the course on TWEN

  2. Required Casebook Reading__Pages 1-36, including Marbury v. Madison, Martin v. Hunter’s Lessee, Nixon v. US, Maryland v. Baltimore Radio Show, Inc., Rucho v. Common Cause__Appendix B, Constitution Preamble, Article III, Article VI, cl. 3. I also recommend reading over the entire Constitution so that you are familiar with it.

  3. Required Supplemental Reading__Philip Bobbitt, Methods of Constitutional Argument and Richard Fallon How to Choose a Constitutional Theory (download from TWEN)

  4. Complete all instructions for Week #1 posted on TWEN – due August 30

Final Exam Schedule: Take home exam      

This course will have:

Satisfies Senior Upper Level Writing Requirement: No

Experiential Course Type: No

Bar Course: No

DistanceEd ABA: Yes

Pass-Fail Student Election: Unavailable (Required Course)

Course Materials (2/24/2022 9:10:16 AM)

Book(s) Required

Course Materials: LEADING CASES IN CONSTITUTIONAL LAW by Choper, Fallon, Kamisar, Shiffrin, Dorf and Schauer (2020 edition). ISBN: 978-1647080808 Recommended Materials: BLACK LETTER OUTLINE ON CONSTITUTIONAL LAW by Barron, Diene and Jefferson (2022 edition) ISBN: 978-0314281937

If you use a different version, you are responsible for reading all material as assigned. You are also required to register for TWEN; I will regularly use TWEN to communicate about the course and to post additional reading assignments along with /lectures/quizzes/activities/etc.