The Law of the Fourteenth Amendment

3 units

This course begins with an examination of the drafting and ratification of the Reconstruction Amendments. We then investigate the contemporary scope and meaning of race equality, sex equality, substantive due process, and state action under the Fourteenth Amendment. We will pay particular attention to the development of the Fourteenth Amendment's liberty and equality guarantees and to current controversies including affirmative action, the right to vote, disparate-impact liability, abortion, and LGBT rights. Throughout the course we will interrogate the appropriate role of text, history, structure, precedent, prudence, and ethos in constitutional interpretation. In discussing these topics, we will examine how socio-political change has influenced the resolution of constitutional disputes and how courts and non-judicial actors have constructed constitutional meanings. Grades will be based on class participation and a final exam. 3 units.