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A School of the Academy

School of Constitutional Law

Department of Constitutional Studies

Federal and state constitutions read as enacted.

§ I

Introduction

Scope of Study

Constitutional Law

The School reads the Constitution as a written instrument, in light of its structure and the authorities that construe it. The text comes first; commentary comes after.

§ II

Philosophy of the School

On how this School reads.

A constitution is a written instrument of government. The School reads the text first, the structure second, and the cases that construe both as the work of courts performing their assigned function. State constitutions are read on their own terms, not as shadows of the federal.

§ III

What Students Will Study

The commitments of the School.

A School commits to a set of questions and to a method of reading them. The following are the working commitments of this department.

  1. 01

    The text and structure of the Constitution of the United States

  2. 02

    The architecture of separation of powers and federalism

  3. 03

    The case-or-controversy requirement and the limits of judicial power

  4. 04

    The Bill of Rights, its incorporation, and the standards of review

  5. 05

    The independent role of state constitutions

§ IV

Curriculum

The syllabus.

The syllabus is read in sequence. Foundations are not optional; advanced study presumes them.

Foundations

  1. 01

    The text of the Constitution, read in full

  2. 02

    Article I powers and their limits

  3. 03

    Article III standing, ripeness, and mootness

Intermediate Study

  1. 01

    The Commerce Clause and the regulation of interstate activity

  2. 02

    The Tenth Amendment and the anti-commandeering doctrine

  3. 03

    Incorporation and the Fourteenth Amendment

Advanced Study

  1. 01

    Levels of scrutiny and the standards of review

  2. 02

    Substantive due process and equal protection

  3. 03

    Independent state grounds in state constitutional adjudication

Research & Method

  1. 01

    Reading a Supreme Court opinion against its precedents

  2. 02

    Tracing an originalist or textualist argument through the record

  3. 03

    Comparing a state constitutional provision with its federal analogue

Reference Materials

  1. 01

    The Constitution of the United States

  2. 02

    State constitutions of the several states

  3. 03

    Reports of the Supreme Court of the United States

Suggested Reading

  1. 01

    The Federalist Papers

  2. 02

    Story, Commentaries on the Constitution of the United States

§ V

Learning Outcomes

The capacities a member should leave with.

Outcomes are stated as capacities, not credentials. They describe what a member should be able to do after sustained reading.

  1. 01

    Read a constitutional provision in light of its text and structure

  2. 02

    Identify the standard of review applicable to a constitutional claim

  3. 03

    Recognize when a state constitution affords protection independent of the federal

§ VI

Primary Authorities

The texts the School takes seriously.

Authorities are listed by category. Entries marked in preparation are catalogued and reviewed before they enter the working record.

Constitutions

2 entries

  • Authority

    Constitution of the United States

  • Authority

    State constitutions of the several states

Judicial Opinions

1 entry

  • Authority

    Reports of the Supreme Court of the United States

Historical Sources

3 entries

  • Authority

    The Federalist Papers (1787–1788)

  • Authority

    Records of the Federal Convention of 1787

  • Authority

    Story, Commentaries on the Constitution (1833)

Treatises & Restatements

1 entry

  • In Preparation

    Forthcoming — catalogue in preparation

§ VII

Featured Publications

From the press of the institution.

The following volumes are drawn from, or supply, the work of this School. Each is reviewed by faculty before publication.

The Society Press

All publications →

§ VIII

Research in the Library

Where this School reads.

The divisions below carry the primary materials this School draws on. The catalogue opens in stages as the index is reviewed.

  • Library Division

    Constitutions

    Charters of government — federal and state — read as written instruments.

  • Library Division

    Judicial Opinions

    Selected opinions of the federal and state courts of record.

  • Library Division

    Historical Documents

    Founding-era charters, antecedent instruments, and treaty texts.

Catalogue · XI Divisions

Enter the Research Library →

§ IX

Related Schools

Departments that read alongside this one.

Doctrine does not respect departmental boundaries. The following Schools take up adjacent questions.

Admission

Join the founding cohort of the Constitutional Law department.

All Founding Members are admitted into every School. Tuition and dues are not yet open.

Submit an ApplicationReturn to the Academy →
The Real Law Society · Est. MMXXVRead Law. Not Lore.Vol. I — Folio I