Constitutional Law: The Fourteenth Amendment
How, in the span of barely a decade, did gay and lesbian relationships go from being subject to criminal prohibition to being eligible for marriage? What justifies the Supreme Court's striking down a law mandating segregated schools, when it had upheld an analogous law half a century earlier? Should the law protect all individuals equally, or should it grant more protection to some groups than others? Are corporations people too? To what source might (and should) a judge look to give content to vague terms like "equal protection" and "due process"? Is "law" really different from "politics"? This course will explore these questions and more. In addition to judicial opinions, we will read excerpts from some scholarly articles. Class discussion will be supplemented with group exercises of various sorts. Elements used in grading: Class participation and exam.
Instructors for this courseRalph Richard Banks
Jane S. Schacter
Richard Thompson Ford