Advanced Constitutional Law: (How) Does/Can Constitutional Argument Move Us?
Fall term, Block F
W 1:00 PM - 3:00 PM
Professor Richard D. Parker
2 classroom credits LAW-38365A
Constitutional lawyers make constitutional argument. It is meant to persuade -- or at least to move -- its audience. But does it? Can it? Or do we respond to constitutional argument mostly by reference to the outcome advocated or which "side" it seems to be on? To the extent that it does or can move us -- how?
The course will have three equal parts. For four classes, we'll consider prominent accounts of how argument can and does move its audience. Then, we'll select four cases decided during the Supreme Court's last Term; students will edit the opinions in those cases; and will apply to them, and extend, ideas developed in the first part of the course. Finally we'll pick four cases to be decided in this year's Term; students will edit briefs filed in those cases; and we'll continue our inquiry in that context.
The course will be open to 25-30 students. The grade will be based on a short paper, the editing of opinions and briefs, and class participation.