American History & Civics Ladder · College

Constitutional Law II: Rights

Incorporation and state action, due process, equal protection and the tiers of scrutiny, freedom of speech, press and religion, the Second Amendment, and criminal procedure, taught through the leading cases and the methods that divide judges. Law school level; educational, not legal advice.

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50 topics in 8 units. Builds on Constitutional Law I: Structure. Not sure this is the right course? Find your rung.

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Unit 1 Rights and the States

4 topics

Barron and the original Bill of Rights, the Slaughter-House Cases, incorporation through due process, and the state action requirement.

  1. The Bill of Rights and the States
  2. The Slaughter-House Cases
  3. Selective Incorporation
  4. State Action

Unit 2 Due Process

7 topics

Procedural due process, the Lochner era and its end, the methods judges use to identify unenumerated rights, family and autonomy, and the abortion and marriage cases in strictly legal terms.

  1. Procedural Due Process
  2. The Lochner Era
  3. The End of Economic Due Process
  4. Finding Unenumerated Rights: Two Methods
  5. Family and Personal Autonomy
  6. The Abortion Cases: Legal History
  7. Liberty, Marriage and the Right to Refuse Treatment

Unit 3 Equal Protection

9 topics

The framework and rational basis, race and strict scrutiny from Plessy to Brown, discriminatory purpose, affirmative action, sex and other classifications, and fundamental rights under equal protection.

  1. The Equal Protection Framework
  2. Rational Basis in Equal Protection
  3. Race and Strict Scrutiny
  4. From Plessy to Brown
  5. Discriminatory Purpose and Effect
  6. Race-Conscious Admissions and Programs
  7. Sex Discrimination
  8. Other Classifications
  9. Fundamental Rights and Equal Protection

Unit 4 Freedom of Speech and Press

12 topics

From clear and present danger to Brandenburg, content-based and content-neutral laws, unprotected categories, symbolic speech, defamation, prior restraint, public forums, students and public employees, money in politics, and compelled speech and association.

  1. From Clear and Present Danger
  2. Brandenburg v. Ohio
  3. Content-Based and Content-Neutral Laws
  4. Categories of Unprotected Speech
  5. Symbolic Speech
  6. New York Times v. Sullivan
  7. Prior Restraint
  8. Public Forums
  9. Time, Place and Manner
  10. Students, Public Employees and Government Speech
  11. Campaign Finance and Speech
  12. Compelled Speech and Association

Unit 5 The Religion Clauses

6 topics

The Establishment Clause and its tests, school prayer, aid to religious schools, free exercise from Sherbert to Smith and after, and RFRA. Taught as law, not theology.

  1. The Establishment Clause
  2. Establishment Tests
  3. Prayer in Public Schools
  4. Public Aid and Religious Schools
  5. Free Exercise
  6. RFRA

Unit 6 The Second Amendment

2 topics

Heller and McDonald, and the limits on the right that the Court has described.

  1. Heller and McDonald
  2. Limits on the Second Amendment Right

Unit 7 Criminal Procedure

8 topics

Searches and seizures, warrants and their exceptions, the exclusionary rule, Miranda, self-incrimination and double jeopardy, counsel, juries and confrontation, and the Eighth Amendment.

  1. What Is a Search?
  2. Warrants and Their Exceptions
  3. The Exclusionary Rule
  4. Miranda v. Arizona
  5. Self-Incrimination and Double Jeopardy
  6. The Right to Counsel
  7. Juries and Confrontation
  8. The Eighth Amendment

Unit 8 Property and Voting

2 topics

The Takings Clause and voting rights law.

  1. Takings
  2. Voting Rights Law
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