FRS 001R — Sec. 001 — (1 unit) — CRN 45489 — T 5:10 – 7:00 pm — 103 King Hall
The Constitution in the Supreme Court of the United States: A Close Look at Recent Controversial Cases

Instructor: John Oakley, School of Law

Description: The Supreme Court of the United States is better known than understood. Every year it decides controversial cases that resolve fundamental issues of constitutional law. This course takes a close look at four such cases decided in 2004, leading students through an examination of the full text of the opinions issued by the Court in each case. The focus is not only on the issues decided, but also on the Court’s constitutional role, its members, and its decision-making processes. The four cases are:

Elk Grove Unified School District v. Newdow, 542 U.S. ___, 124 S.Ct. 2301, decided June 14, 2004. This is the “Pledge of Allegiance” case. The majority opinion holds that the case is not properly before the Court because the plaintiff lacks “standing,” and discusses the grounds for avoiding premature decision of controversial issues of constitutional law. The concurring opinions explore the relationship between “standing” law and other doctrines that limit the scope of federal jurisdiction, and also offer some insight into the thorny issues that the Court’s opinion keeps offstage.

Hamdi v. Rumsfeld, 542 U.S. ___, 124 S.Ct. 2633, decided June 28, 2004. This case holds that the jurisdiction of the federal courts extends to judicial review of the grounds for the military detention of an American citizen held within the United States as an alleged enemy combatant. There is no opinion of the Court, but only because it is split between tough and tougher in the grounds given by the eight Justices who reject the Government’s assertion that the President’s exercise of the war power is not subject to judicial review.

Rasul v. Bush, 542 U.S. ___, 124 S.Ct. 2686, decided June 28, 2004. This is a second enemy combatant case, decided the same day as 268 but featuring a much different alignment of Justices, narrowly split in upholding judicial power to review the military detention of non-citizens at least nominally outside the United States although a key point of dispute is just how to classify the territorial status of the Guantanamo Bay Naval Base in Cuba.

Tennessee v. Lane, 541 U.S. ___, 124 S.Ct. 1978, decided May 17, 2004. This case involves the constitutionality of the Americans with Disabilities Act as applied to state governments, and poses important issues of both “federalism” and separation of powers, two key themes that are critical in defining the constitutional role of the Supreme Court.

The course is designed to introduce students both to the judicial system of the United States, and to the inner workings of the Supreme Court as the highest court in that system. The course seeks to increase students’ awareness of the role of courts in a constitutional democracy, and of the important constitutional differences between legislative, executive, and judicial power.

Format: The seminar will meet on Tuesday evenings from 5:10 to 7:00 p.m., beginning with the first three Tuesdays of the fall quarter, October 5th, 12th, and 19th. After a break to work on papers, the final two sessions will be held on November 9th and 16th. The class will meet at the School of Law, in King Hall Room 103 (basement level, between the Law Review Office and the Admissions Office). If suitable transportation arrangements can be made, at least one class will be held at the instructor’s home. Each student will be assigned a lead role in discussing one of the four assigned cases. Each student will write, turn in, and orally present two short papers, one a biography of a current or past Justice of the United States Supreme Court, the other on a topic discussed with and approved by the seminar collectively. The biographical paper will be 200–300 words in length and will be presented at the second and third sessions. The topical paper will be 400-600 words in length and will be presented at the final two sessions. Required activities outside of scheduled classes: reading the assigned cases and writing the assigned papers. Grading: oral presentations and participation in the seminar (40%); biographical paper (20%); topical paper (40%).

About the Instructor: Professor John Oakley has taught at the School of Law since 1975. He is the author of two nationally used casebooks, “An Introduction to the Anglo-American Legal System” and “Federal Courts: Cases and Materials.” He has held numerous positions as an adviser to both federal and state court systems on matters of jurisdiction and judicial administration, including appointments by both the Chief Justice of the United States and the Chief Justice of California. He has served on the Board of Directors of the American Judicature Society, and is an elected member of the American Law Institute (ALI). He recently completed eight years of work as the Reporter for the ALI’s Federal Judicial Code Revision Project, which produced a 700-page study of the jurisdiction of federal trial courts, including a set of proposed new jurisdictional statutes now awaiting congressional action.