Juan F. Perea, Race and Constitutional Law Casebooks: Recognizing the Proslavery Constitution, 110 Mich. L. Rev. 1123 (2012)Part I considers George Van Cleve's A Slaveholders' Union and describes his contributions to our understanding of the proslavery origins of the Constitution. Part II then explores how leading constitutional law casebooks treat the proslavery origins discussed by Van Cleve. Part III discusses some of the many historical sources that could be used in casebooks to expose readers to the evidence of the proslavery Constitution. Finally, Part IV examines the significant difference that a proslavery interpretation of the Constitution makes in our understanding of how the Constitution structures race relations and racial inequality, past and present.
Stephen Loffredo, Poverty, Inequality, and Class in the Structural Constitutional Law Course, 34 Fordham Urb. L.J. 1239 (2007)"The relevance of poverty, economic inequality, and class to a constitutional law course dealing with individual rights ought to be readily apparent. Due process, equal protection, and the First Amendment--to take three prominent examples--provide fertile ground for exploring the significance of poverty to constitutional theory and doctrine. Less obvious, though, is how and whether these issues might be taught through a constitutional course on structure, separation of powers, and federalism. This Article explores some opportunities for integrating poverty-law issues into a structural constitutional law course and offers an argument for why such integration is desirable."
Paul Finkelman, Teaching Slavery in American Constitutional Law, 34 Akron L. Rev. 261 (2000)Despite the importance of slavery to the development of the United States, and to the shaping of our Constitution--both during and after the Convention of 1787--slavery is rarely mentioned, or is mentioned only in passing, in most Constitutional Law courses. This approach to Constitutional law leads to a skewed and incomplete understanding of how the American Constitution developed during its first century.
Gregory Ablavsky, The Savage Constitution, 63 Duke L.J. 999 (2014)"Conventional histories of the Constitution largely omit Natives. This Article challenges this absence and argues that Indian affairs played a key role in the Constitution's creation, drafting, and ratification. It traces two constitutional narratives about Indians: a Madisonian and a Hamiltonian perspective. Both views arose from the failure of Indian policy under the Articles of Confederation, when explicit national authority could not constrain states, squatters, or Native nations."
[TEACHING GUIDE] Cardozo's Law Teaching Guides on Citizenship, Due Process, Religion, Voting Rights, and moreFill out form to download free law teaching guides. Relevant modules for Constitutional Law include:
Module 1 - Federal Plenary Power & Judicial Deference
Module 2 - Citizenship & Race
Module 3 - U.S. Constitutional Due Process & Immigration Law
Module 4 - Establishment of Religion
Module 5 - Religious Equality and Nondiscrimination
Module 6 - Voting Rights
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