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.
223.8 sec. 1 - California Constitutional Law (Spring 2027)
Instructor: David A Carrillo (view instructor's teaching evaluations - degree students only | profile)
Instructor: Danny Chou (view instructor's teaching evaluations - degree students only)
View all teaching evaluations for this course - degree students only
Units: 3
Grading Designation: Graded
Mode of Instruction: In-Person
Meeting:
W 3:35 PM - 6:15 PM
Location: Law 12
From January 13, 2027
To April 21, 2027
Course End: April 21, 2027
Class Number: 33209
Enrollment info:
Enrolled: 0
Waitlisted: 0
Enroll Limit: 24
As of: 11/03 10:05 PM
This course is about power to make policy decisions, the sources of that power, and how to use it to resolve conflicts over policy decisions. Those policy debates occur between the California and federal governments, between branches of California’s government, and between the state government and its people. You will learn how to understand and use your primary tool in all those contexts: California’s constitution.
The California Constitution defines the structure of California’s government and is the basis for many of California’s laws. It includes unique provisions that cover areas as diverse as direct democracy, taxation, water rights, and labor relations. The California Constitution also affords greater protection for many individual rights than the federal constitution. And California courts have long heeded Justice William Brennan’s call in 1977 to look to state constitutions as the guardians of our individual liberties.
Despite this, most California lawyers have little or no understanding of California constitutional law. This course seeks to change this by introducing students to California's constitution and its rich jurisprudence. The goal is for each student to develop both an understanding of and appreciation for the state constitution and its important role in California’s legal landscape.
Each week, the course will cover one aspect of California’s constitution using the California Constitutional Law casebook authored by the instructors. Because there is far more material than we can cover in a three-unit course, we will give you some opportunity to choose the topics you wish to explore. The areas of California constitutional law (represented by the chapters in the casebook) that are available for exploration include:
• State constitutional design
• Federalism, preemption, and other state–federal conflicts
• Separation of powers
• Popular sovereignty
• The legislature
• The executive
• The judiciary
• Individual rights to speech, privacy, equal protection, fundamental rights, religion, and unconstitutional conditions
• Elections
• State and local interaction
• State agency powers and limitations
• Budget and taxation
• Water law
Grades will be based on: attendance, class participation, weekly submissions and in-class presentations, and a final paper. Each student must do at least one short presentation (roughly 5–10 minutes per person) based on the weekly reading. A final course paper (15-20 pages) is required for this Option 1 course.
The California Constitutional Law casebook, coauthored by the instructors, is required. A free copy of the California Constitution will be provided to each student. There may also be guest speakers throughout the semester.
David A. Carrillo is a lecturer in residence and executive director of the California Constitution Center.
Danny Y. Chou is a Justice on the California Court of Appeal and a former judge on the San Mateo County Superior Court. Before joining the bench, he litigated a number of the cases in the casebook.
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Requirements Satisfaction:
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Exam Notes: (P) Final Paper
(Subject to change by faculty member only through the first two weeks of instruction)
Course Category: Public Law and Policy
If you are the instructor or their FSU, you may add a file like a syllabus or a first assignment.
Class materials may also be available on bCourses.berkeley.edu
Readers:
No reader.
Books:
To Be Determined
Instructor has indicated that textbook(s) will be used, but has not provided details.