If you want to write a research paper instead of the final exam, you must:

1. Write seven (7) satisfactory short reaction papers by the end of the semester
2. Pick a topic by Friday, 11/14
3. Give me a list of sources by Friday, 11/21
4. Meet with me at least once by Friday, 11/21, to discuss your progress.
5. Give me the final draft of the paper by Wednesday, 12/17

These deadlines are firm. Failure to meet these deadlines will result in a lower grade for the paper or my refusal to accept it, whichever I deem appropriate in the circumstances. The paper must be 10 – 15 pages long with normal fonts and margins. You must use the full text of at least two Supreme Court opinions and at least three secondary sources, one of which must be an academic book. I am happy to read drafts of the papers, but only until Monday, 11/24. You are well advised to have a draft of the paper by that time!

1) The Rehnquist Court has been accused of attempting to turn back the clock to the pre-1937 approach to federalism and Court oversight over Congressional use of the commerce power. Is this charge justified? What explains the Court’s recent federalism and commerce clause jurisprudence?

2) Is the result in Bush v. Gore justified by the reasoning in the per curiam opinion? If so, is the remedy justified? If not, why not? You will need to make explicit your understanding of what justifies results in constitutional decisions.

3) Consider the development of Supreme Court decisions on affirmative action and school desegregation. Do we have a “color-blind” Constitution? If not, should we?

4) What is the relationship between Casey and Roe? What explains the Court’s reluctance to overrule Roe explicitly? What sources of authority do the differing opinions in the decision call upon? Do you find the reasoning persuasive?

5) Consider Korematsu and Quirin in light of the war on terrorism. What are the current justifications for the use of military tribunals? What are the current official justifications for the government’s detention of muslim males after the attacks on 9/11? How do Korematsu and Quirin shed light on these actions? Should courts defer to the executive branch during a “war on terrorism”?