Constitutional Politics

This seminar will explore various ways in which constitutional law interacts with the political process. Topics covered will include the appointment and confirmation process for federal judges, judicial campaigns and elections in the states, various approaches to "popular constitutionalism," ratification of constitutional amendments, judicial activism as a political issue, public opinion and the Supreme Court, court-curbing legislation, and the role of interest groups in constitutional litigation. Readings will include cases, as well as perspectives from legal scholars, political scientists and historians. Students will be assigned to prepare and circulate discussion questions for one week of the class. Students can choose to write a final R paper or take an exam. Students writing the paper may take the class for 2 credits or write a longer paper for 3 credits. The paper will be due at the law school's paper deadline for fall quarter classes. Students taking the exam will be asked to answer one or more essay questions about the major issues covered in the class. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: The grade will be based on the paper or exam, along with class participation.