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Constitutional Law II
Rutgers University, Newark School of Law
Jones, Charles

Professor Charles Jones
Fall 2007
 
 
CONSTITUTIONAL LAW II
Syllabus
 
The casebook for the course is, Cohen, Varat and Amar, “Constitutional Law: Cases and Materials,” Concise Twelfth Edition and the 2000 Supplement. The requirements for the course are: 1) a 4-hr open book examination or, 2) a 35-50 page research paper whose topic has been approved by the instructor.
 
The areas of examination in the course include the nature of due process and equal protection; the thirteenth amendment; freedom of expression and conscience; freedom of the press and the free exercise of religion. The main coverage of these topics will be based upon the cases and materials in the casebook. However, there are several areas of interest to students of free speech, fair procedures and free exercise of religion which will require a different approach than the ordinary examination of casebook materials. Some of these topics, which are strongly suggested as paper topics include but, are not limited to the following: I) what kind of immigration policies should the United States and states and localities adopt to provide for the fair treatment of legal and illegal immigrants? Ii) in school districts where Darwin’s theory of evolution is taught, can or, should there be a requirement to teach “creationism” as well? Iii) can American citizens who travel to and from “war” zones like Afghanistan and Iraq be considered “enemy combatants” and denied the kind of due process available to ordinary criminal defendants? Iv) what were the issues and holdings in Hamdi v. Rumsfeld, 124 S.C.2633 and Rumsfeld v. Padilla, 124 S.Ct. 2711 and how are they being applied to similar cases moving through the federal courts?
 
The assignments for the semester are:
 
Week 1- Mon. Pp. 723-735; 364-378; class organization.
     Wed. Pp.735-744
 
Week 3- Mon. (No class)
     Wed. Pp. 745-774
 
Week 4- Mon. Pp. 774-796.
     Wed. Pp. 796-831.
 
Week 5- Mon. Pp. 831-838; 675-685; 839-853.
    Wed. Pp. 854-874.
 
Week 6- Mon. Pp. 874-903;
     Wed. Pp. 903-927.
 
Week 7- Mon. Pp. 927-954;
    Wed. Pp.955- 985.
 
Week 8- Mon. Pp. 986- 1009;
     Wed. Pp.1010-1028.
 
Week 9- Mon. Pp. 1029-1047;
     Wed. Pp. 1047-1066.
 
Week 10- Mon. Pp. 1066-1078;
Wed. Pp. 1078-1097.
 
Week 11- Mon. Pp. 1097-1118;
       Wed. Pp. 638-653.
 
Week 12- Mon. Argument in Strong v. Newark State U.  
       Wed. No class
 
Week 13- Mon. Pp. 653-675.
      Wed. Pp. 675-695;
 
Week 14- Mon. Pp. 695-722;
Hyde:
Classification: medically necessary abortions vs. childbirth expenses.
 
       Wed. Open class.
 
 
 
 
 
 
 
 
 
Amendment I-
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a
redress of grievances.
 
Amendment V-
No person shall be… deprived of life, liberty, or property, without due process of law…
 
Amendment VI-[Criminal Prosecutions – Jury Trial, Right to Confront and to Counsel (1791)]In all criminal prosecutions, the accused shall enjoy the right to…have the Assistance of Counsel for his defense.”
 
Amendment XIII-[Abolition of Slavery (1865)] Section 1.
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
 
Section 2.
Congress shall have power to enforce this article by appropriate legislation.
 
Amendment XIV-[Privileges and Immunities, Due Process, Equal Protection, Apportionment of Representatives, Civil War Disqualification and Debt (1868)]  
Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the

nt specified that his employment would begin on 09/01/68 and end on 6/30/69. Roth finished that term, but he was informed that he would not be rehired.
Roth had no tenure rights because under Wisconsin law a teacher acquired tenure only after 4 years of year-to-year employment. Having acquired tenure, a teacher is entitled to continue employment “during efficiency and good behavior.”
A new teacher without tenure, however, is not entitled to anything beyond the one year appointment and Wisconsin law clearly left the decision of whether to rehire a non-tenure teacher for another year up to the unfettered discretion of University officials.
Procedural protections: the procedural protection afforded to a WSU teacher before his employment is terminated corresponds to job security. The statute provides that “a tenured teacher cannot be discharged except for cause upon written charges” and pursuant to other procedures.
A non-tenured teacher is protected to some extent during their one-year-term.
Rules promulgated by the Board of Regents provide that a non-tenured teacher “dismissed” before the end of the year may have some opportunity for review of the dismissal. But the rules provide no real protection for a non-tenure teacher who simply is not re-employed for the next year. He must be informed by February 1st concerning retention or non-retention for the ensuring year, but “no reason for non-retention need be given and no review or appeal is provided in such case.”
Roth was informed that he would not be rehired no reason for the decision was given.