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Only international LL.M. students may enroll in this course, which is designed specially for them. It is a survey course, which will expose LL.M. students to the structure and basic ideas of the most important areas of US constitutional law, in a historical and political context. The course begins with a condensed introduction to US history and constitutional history from 1607 to roughly 1970. Thereafter it covers the following topics: Marbury v. Madison and the theory of judicial review; the idea of enumerated powers and the Necessary and Proper Clause (McCulloch v. Maryland); the development of the commerce power (from Gibbons v. Ogden to the Affordable Care Act case); the spending power; the treaty and foreign affairs powers; separation of powers (Steel Seizure Case, the "War on Terror" cases, Nixon v. United States (the tapes case), appointment and removal, legislative veto); preemption, the dormant commerce clause, and the Article IV Privileges and Immunities Clause; the basic structure of individual rights protection (including levels of scrutiny, and incorporation of the Bill of Rights into the XIVth Amendment due process clause); equal protection (race, sex, and other categories; affirmative action); substantive due process and the right of privacy (abortion, same-sex relations); takings; the right to bear arms; freedom of speech, press, and assembly; freedom of religion (free exercise and establishment); state action, and the enforcement clauses of the Reconstruction Amendments.
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