Constitutional Theory

This course will examine contemporary controversies concerning the nature of constitutional interpretation and the proper scope of judicial review in our constitutional democracy. It will use a series of problems or debates about certain controversial rights -- e.g., right to privacy, reproductive rights, right to marry, right to die, right to welfare, and right to equal citizenship -- to assess several theories of constitutional interpretation. The readings will illustrate the theories of originalism, reinforcing representative democracy, and protecting fundamental rights, as well as civic republication, progressive, feminist, and critical race theories. Authors will include Derrick Bell, Robert Bork, Ronald Dworkin, John Hart Ely, Catharine MacKinnon, Frank Michelman, Antonin Scalia, Cass Sunstein, Laurence Tribe, Robin West, and others.
Credits: 2

Type: SEM