Study

Federal constitutional law is deeply shaped by its history. The modern “canon” of US Supreme Court cases through which constitutional law is taught is an abstraction from this history. Even if this is mostly unavoidable, the result is that in important ways our understanding of constitutional history, and thus of contemporary constitutional law as well, is distorted. In this course we will look at the development of constitutional law in the twentieth century, from the Lochner era through the Burger Court. Our goal will be not simply to develop a deeper understanding of the constitutional past but just as importantly to acquire fresh perspectives on contemporary law.

Students will be expected to participate actively in class discussion and to prepare a seminar paper.

Spring 2026

Course Number	Course Credits	Evaluation Method	Instructor
518.01	2	Research and/or analytical paper(s), 20+ pages Class participation	H. Jefferson Powell
Canvas site: https://canvas.duke.edu/courses/74796