Constitutional Law I
Archived Posts from this Category
Constitutional Law I #34: Race-Based Regulation I Monday, Dec 5 2005
1L and Constitutional Law and Constitutional Law I and Neil Wehneman and University of Cincinnati College of Law 8:51 am
We will begin our discussion of strict scrutiny-inducing race-based regulation by looking at cases that did not have the benefit of the contemporary formulation of the same. White-only juries will be struck, while Japanese-American detentions will be upheld.
Strauder v. West Virginia
Korematsu v. United States
Constitutional Law I #33: Rational Basis Review Monday, Dec 5 2005
1L and Constitutional Law and Constitutional Law I and Neil Wehneman and University of Cincinnati College of Law 8:49 am
We now begin our in-depth examination of equal protection under the 14th Amendment. There are three standards currently employed by the Supreme Court, and rational basis review is the most lenient of these standards.
NY City Transit Authority v. Beazer
City of Cleburne v. Cleburne Living Center
Minnesota v. Clover Leaf Creamery Co.
United States v. Carolene Products Co.
Constitutional Law I #32: Enforcing Brown Wednesday, Nov 30 2005
1L and Constitutional Law and Constitutional Law I and Neil Wehneman and University of Cincinnati College of Law 7:48 am
It is one thing to hand down a Supreme Court opinion. It is quite another thing to have that opinion enforced. We will look at Brown II and a string of other cases showing the multi-decade struggle that was educational integration.
Brown v. Topeka Board of Education (Brown II)
Green v. County School Board
Swann v. Charlotte-Mecklenburg Board of Education
Keyes v. School District No. 1
Milliken v. Bradley
Constitutional Law I #31: Brown v. Topeka Board of Education Wednesday, Nov 30 2005
1L and Constitutional Law and Constitutional Law I and Neil Wehneman and University of Cincinnati College of Law 7:45 am
After six decades Plessy falls by the Supreme Court banning separate but equal education. What was the rationale and environment that created Brown, and did it actually overrule Plessy?
Brown v. Topeka Board of Education
Bolling v. Sharpe
Constitutional Law I #30: Plessy v. Ferguson Monday, Nov 7 2005
1L and Constitutional Law and Constitutional Law I and Neil Wehneman and University of Cincinnati College of Law 1:49 am
One of the more famous cases of all time, Plessy v. Ferguson, gives us the phrase “separate but equal.” We will explain the precursor cases to Plessy, the case itself, as well as spend a little time understanding the historical setting thereof.
The 13th Amendment to the Constitution
The 14th Amendment to the Constitution
The 15th Amendment to the Constitution
The Civil Rights Cases
Plessy v. Ferguson
Cummings v. Board of Education of Richmond County
Constitutional Law I #29: Independent Prosecutors Monday, Nov 7 2005
1L and Constitutional Law and Constitutional Law I and Neil Wehneman and University of Cincinnati College of Law 1:44 am
An independent prosecutor reports to the Attorney General and is without question an Executive officer. But he is not removable at will by the President, within whom the entire Executive power is vested. Is this constitutional?
Constitutional Law I #28: Removal of Officers Monday, Nov 7 2005
1L and Constitutional Law and Constitutional Law I and Neil Wehneman and University of Cincinnati College of Law 1:38 am
Who can the President fire at will? Can Congress put limits on this removal power when they create an office? A postmaster and an FTC commissioner give us an answer.
Constitutional Law I #27: Are You a Tool of Congress? Monday, Nov 7 2005
1L and Constitutional Law and Constitutional Law I and Neil Wehneman and University of Cincinnati College of Law 1:33 am
Are you a tool of Congress? If you are in fact such a tool, what constitutional limits are upon you? Do I enjoy saying the word “tool” far too much? We’ll find out in this episode.
Constitutional Law I #26: Legislative Vetoes Monday, Nov 7 2005
1L and Constitutional Law and Constitutional Law I and Neil Wehneman and University of Cincinnati College of Law 1:30 am
Can Congress delegate power? If it does delegate power, can Congress maintain a veto over that delegated power through a single House resolution?
Constitutional Law I #25: Impeachment and Executive Privilege Monday, Oct 31 2005
1L and Constitutional Law and Constitutional Law I and Neil Wehneman and University of Cincinnati College of Law 6:36 pm
In situations of impeachment and formal court cases regarding the President the question of executive privilege is often raised. What are the countours of this privilege, and when can it (successfully) be raised? We will also look at the history of impeachment in general.
United States v. Nixon
Nixon v. Fitzgerald
Clinton v. Jones
Nixon v. United States