Constitutional Law II: Law and the Theory of Equal Protection

This course will provide an in-depth look at cases and theory interpreting the Equal Protection Clause of the United States Constitution. The course will explore what theory of “equal protection” best fits existing doctrine and read scholarship evaluating that doctrine. We will explore such questions as: what distinguishes equal protection from due process; what is the relationship between equal protection and nondiscrimination; how does arbitrariness relate, if at all, to a failure of equal protection, among others. The class will revisit, in more depth, cases that are likely familiar to students from Constitutional Law I, as well as others that are likely unfamiliar (including cases relating to political participation, for example). The reading with be organized in a way that pairs cases with theoretical material.