Law Schedule of Classes

NOTE: Course offerings change. Classes offered this semester may not be offered in future semesters.

Apart from their assigned mod courses, 1L students may only enroll in courses offered as 1L electives. A complete list of these courses can be found on the 1L Elective Listings page. 1L students must use the 1L class number listed on the course description when enrolling.


220.5 sec. 001 - Constitutional Theory (Spring 2021)

Instructor: Bertrall Ross  (view instructor's teaching evaluations - degree students only | profile)
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Units: 3
Grading Designation: Graded
Mode of Instruction: Remote Instruction

Meeting:

    TuTh 08:35 AM - 09:50 AM
    Location: Internet/Online
    From January 19, 2021
    To April 30, 2021

Course Start: January 19, 2021
Course End: April 30, 2021
Class Number: 32258

Enrollment info:
Enrolled: 13
Waitlisted: 0
Enroll Limit: 18
As of: 05/08 05:45 AM


In this seminar, we will examine the history and theory surrounding the adoption and ratification of the U.S. Constitution, as well as its principles and applications as they have evolved over time. We will start by addressing the major theories underlying the interpretation of the Constitution, including originalism, constitutional textualism, living constitutionalism, and pragmatism. We will then scrutinize assumptions about human capacity and nature and theories of politics that underlay the major components of the Constitution - Separation of Powers, Federalism, and Individual Rights. Next, we will explore what assumptions of human capacity and nature and theories of politics have been embedded in major constitutional cases in each of these areas over time. We conclude with an account of the sources of constitutional change from the transformation of political institutions and their relationships to each other, social movements, and evolving understandings of the past. Throughout the course, we will assess the extent to which our interpretation of the Constitution depends on our vision of American democracy and good society.

Requirements Satisfaction:

This class may fulfill Option 2 of the J.D. writing requirement with instructor approval. In order to qualify for Option 2, all students in the class must be writing a paper of 30 or more pages. Those students who wish to use this paper for the writing requirement must get instructor approval and submit their drafts for comment and revision.

Option 2 form needed:
https://www.law.berkeley.edu/wp-content/uploads/2017/05/Writing_Requirement_2017.pdf


Exam Notes: (P) Final paper  
Course Category: Public Law and Policy

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