Informed Citizens. Accountable Power.

Agenda:

• Administrative Matters: (5 minutes)
  • Updates and questions
    • Question from last class:
      • Native Americans and US Law

• From the Last Session: (15 minutes)
  • The power of the judicial branch
  •  Federal courts today
  • The Jury System
  • The relationship between the judiciary, the Constitution & people
  • Critical Legal Studies

The Legislative Branch: (10 minutes)

• Form:
  • Bicameral Congress

• Function:
  • How a Bill Becomes a Law

Case Study: Healthcare (35 minutes)

• Healthcare and Insuring Domestic Tranquility
  • Denise Dennis, To Promote the General Welfare: Health Care Legislation
• The Legislative Branch-Passing the Affordable Health Care Act:
  • Background
  • Timeline of Events
• The Judicial Branch and Healthcare:
• National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012)

Constitutional Interpretation: (20 minutes)

• Precedent (What is case law?)
• Originalism
• Living Constitutionalism

Segway to the Next Class: The Executive Branch and Healthcare (5 minutes)

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Assigned Materials

• Article I: The Legislative Branch
  • Bicameral Congress 
  • How a Bill Becomes a Law

Obamacare: An Overview of the Debates

• Timeline
• Campaigning for Universal Healthcare (Part I)
• Campaigning for Universal Healthcare (Part II)
• Health Care Bill: House Passes $938 Billion Bill, Sweeping Legislation on Its Way to Become Law [MEDIA REPORT]
• Obama Signs Historic Health Care Bill: ‘It Is The Law of The Land’ [MEDIA REPORT]
• National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012)
  • Visit these sites first before skimming this very long and complex decision (which will hopefully make more sense after the next class):
  • Overview: NFIB v. Sebelius (2012)
  • Background: Obamacare explained
  • Summary: Oyez.org (You can also listen to the oral arguments presented to the Supreme Court on this website (see the links on the left column of the page)

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Questions:

1. Given its position as the first Article of the U.S. Constitution, the Legislative Branch is supposed to be the most powerful branch. Given our study of the judicial system, is it functioning as the most powerful branch?
   1. In what ways is the Legislative Branch powerful?
   2. In what ways is the Legislative Branch weak?
2. What are the benefits of bicameral representation?
3. What are the challenges of bicameral representation?
4. Is the distinction between the Senate and the House legitimate?
5. What are the arguments for and against universal healthcare in the United States?
6. Did public opinion play a role in the passage of the Affordable Care Act?
7. Do you think public opinion plays a role (should play a role) in judicial review of legislative acts?
8. Judging from the healthcare case study, what is the relationship between the judicial branch and the legislative branch?

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Optional Materials:

Videos:

• Article 1 of the Constitution 
• Congressional Elections
• Congressional Committees
• Leadership Structure of Congress

Documentaries: 

• Michael Moore’s Sicko (2017)
• Escape Fire (2012)
• Mitt on Politician Mitt Romney
  
• Miss Representation

Movies: 

• Erin Brockovich with Julia Roberts
• John Q. with Denzel Washington

Legal Scholarship:

• Jonathan R. Siegel, The Use of Legislative History in a System of Separated Powers, Vanderbilt Law Review (2000) [ARTICLE]
•  Robert J. Reinstein and Harvey A. Silverglate, Legislative Privilege and the Separation of Powers, Harvard Law Review (1973) [ARTICLE]
• Thomas B. Colby & Peter J. Smith, Living Originalism, Duke Law Journal (2008) [ARTICLE]
• Jamal Greene, Rule Originalism, Columbia Law Review (2016) [ARTICLE]
• Meyler Bernadette, Towards a Common Law Originalism, Stanford Law Review (2006) [ARTICLE]
• Akhil Reed Amar, America’s Unwritten Constitution, (2012) [BOOK]
• The Constitution of the United States Applies to Indian Tribes [ARTICLE]
• Indian Canon Originalism, Harvard Law Review (2013) [ARTICLE]