Nature and scope of judicial review. Origins, early challenges, and continuing controversy ; Political questions ; Congressional regulation of judicial power ; Discretionary review ; Prerequisites to Federal jurisdiction and judicial review : an introduction
National legislative power. Sources and nature ; The national commerce power ; The national taxing and spending powers ; Foreign affairs power
Applying national powers to state governments : intergovernmental immunities
Distribution of Federal powers : separation of powers. Presidential action affecting "congressional" powers ; Congressional action affecting "Presidential" powers ; Executive privilege and immunity ; Impeachment of the President
State power to regulate. State regulation when Congress' power is "dormant" : history and fundamental issues ; Cases and doctrine ; the state as a market participant ; Interstate privileges and immunities clause ; State power to tax
Substantive protection of economic interests. Origins of substantive due process ; The Lochner era ; The abandonment of Lochner ; Other limits on economic legislation : the prohibition against "taking" "private property" without just compensation ; Decline and revitalization (?) of the contract clause
Protection of individual rights : due process, the Bill of Rights, and nontextual constitutional rights. Nature and scope of Fourteenth Amendment due process : applicability of the bill of Rights to the states ; The right of "privacy" (or "autonomy" or "person-hood") ; The right to travel ; The death penalty and related problems : cruel and unusual punishment ; Procedural due process in non-criminal cases
Freedom of expression and association. What speech is not protected? ; Distinguishing between content regulation and manner regulation : unconventional forms of communication ; Is some protected speech less equal than other protected speech? ; Prior restraints ; Justice and newsgathering ; Government property and the public forum ; Government support of speech ; The electronic media ; The right not to speak, the right to associate, and the right not to associate ; Wealth and the political process : concerns for equality
Freedom of religion. Establishment clause ; Free exercise clause and related problems ; Preference among religions ; Conflict between the clauses
Equal protection. traditional approach ; Race and ethnic ancestry ; Discriminations based on gender ; Special scrutiny for other classifications : doctrine and debates ; Fundamental rights
The concept of state action. Introduction ; "Government function" ; State "involvement" or "encouragement" ; Developments in the last three decades
Congressional enforcement of civil rights. Historical framework ; Regulation of private persons ; Regulation of state actors
Limitations on judicial power and review. Advisory opinions and executive revision ; Standing ; Timing of adjudication.