校際選修

115-1 選課時程

進行中

  • 初選第一階段 6/15/2026
  • 初選第二階段 6/22/2026
  • 校際選修 8/24/2026
  • 初選第三階段 8/31/2026
  • 開學後加退選 9/7/2026
  • 逾期加退選 9/21/2026
選課資源

美國憲法(英文授課)

American Constitutional Law

學期
109-2
學分
3 學分
當期課號
5204
永久課號
ITL5308
開課單位
科技法律研究所
授課教師
郭詠華
校區
光復
類別
選修
上課時間表
週一
6
14:20–15:10
美國憲法(英文授課)
ES806
3 節連堂
7
15:30–16:20
8
16:30–17:20

* 根據陽明交大上課時間表所列

概述

Course description: This course provides an overview of the history, structure and power of the government, legal principles, and important cases in subfields of the US Constitution. Learning the US Constitution not only helps us understand the foundation of the US legal system but also serves as a resource to rethink constitutional issues in our country. This course will be in-person meetings in campus classroom. Students should read the assigned readings before class and discuss the materials in class. The instructor will provide the readings, which are generally case excerpts of US Supreme Court decisions concerning the constitutional issues/course topic of each week. There is no textbook for this course. Learning objectives: This course aims to ensure that students explore and understand: 1. the history of the US Constitution; 2. separation of power and federalism; 3. due process of law and equal protection; 4. fundamental rights; 5. skills of searching, reading, and briefing cases. Expected learning outcomes: After completing this class, the students are expected to: 1. deepen their understanding of the framework and main topics of the US Constitution; 2. communicate effectively in writing and orally in English on constitutional law matters; 3. know how to prepare, analyze, and answer questions concerning constitutional law in the US bar exam; 4. be able to write clear, critical and persuasive legal documents and academic papers.

先修科目

No requirements for students to take this course. However, basic understanding of the US and/or Taiwanese constitutional law is recommended, and good English writing and speaking proficiency are expected.

教學方式

Students can also contact the instructor via email.

評分方式

1. Student's grade will be based on the following components: 1 Case briefing and presentation (20%): Each student should choose two case to brief and present in class. The two cases should be concerning different constitutional issues. In other words, a student should brief one case in week A about issue X, and the other case in week B about issue Y. Student presentation starts from Week 8. The case-presenter is required to summarize the assigned case and provide his/her questions and/or comments. The presentation should be around 20 minutes, with PowerPoint slides. The case-presenter has to upload the slides 24 hours before class. The presentation should be in English. 2 Assignments (20%): There will be four assignments over the course of the semester, and each assignment accounts for 5% of the course grade, for a total of 20%. Each assignment consists of ten multiple choice questions, which means students should select ONE correct answer from multiple answer options. Students should complete the assignment at home and submit their answers to the instructor before class. In class, we will review and discuss the answers. When writing the assignments, students may use books, assigned readings, their own notes and outlines. Students must do the assignment by themselves and are NOT allowed to consult the Internet and ask any other person. 3 Class participation (10%): Attendance is mandatory. Students are expected to actively participate in class discussion. Raising substantive questions/comments/responses in class is highly encouraged and will earn points. 4 Final paper (50%): 1800+ (no more than 2300) words in English or 4000~6000 words in Mandarin for graduate students; 1500+ (no more than 2000) words in English or 3000~5000 words in Mandarin for undergraduate students. The paper should describe an ongoing constitutional law issue and analyze it with US constitutional doctrines and cases discussed in this course. Students should prepare an oral presentation (10-15 minutes, PowerPoints not required) to briefly introduce their final paper ideas in class in Week 18 and submit the written paper by the end of June. 2. No midterm and final exam.

週次計畫
週次主題
第 1 週◎ Course Introduction ◎ The history of US Constitution
第 2 週No class: Holiday (228 Peace Memorial Day)
第 3 週No class: Instructor presenting at a conference
第 4 週◎Judicial Power ★ Marbury v. Madison ★ Nixon v. United States
第 5 週◎ The Executive Power: The election and powers of the U.S. President ◎ The Congressional Power: Taxing, spending, commerce
第 6 週◎ The Congressional Power: Taxing, spending, commerce (cont'd) ◎ Federalism 1. Reserved Powers and State Immunities 2. Federal Supremacy
第 7 週No class: Holiday (Children's Day and Tomb Sweeping Day)
第 8 週◎ Discussing Assignment 1 ◎ Economic Liberties 1. Economic Substantive Due Process ★ Lochner v. State of New York ★ West Coast Hotel v. Parrish 2. Taking ★ Penn Central Transportation Co. v. City of NewYork ★ Lucas v. South Carolina Coastal Council ★ Kelo v. City of New London
第 9 週◎ Equal Protection: Race ★ Plessy v. Ferguson ★ Brown v. Board of Education, 347 US 483 (1954) ("Brown I") ★ Brown v. Board of Education, 349 U.S. 294 (1955) ("Brown II") ★ Loving v. Virginia
第 10 週◎ Equal Protection: Affirmative Action ★ City of Richmond v. J.A. Croson Co. ★ Grutter v. Bollinger
第 11 週◎ Discussing Assignment 2 ◎ Due Process: Substantive Rights of Privacy and Personal Autonomy ★ Griswold v. Connecticut ★ Roe v. Wade ★ Planned Parenthood of Southeastern Pennsylvania v. Casey
第 12 週◎ Equal Protection and Due Process: GenderClassification & Sexuality ★ Craig v. Boren ★ United States v. Virginia ★ United States v. Windsor ★ Obergefell v. Hodges
第 13 週◎ Discussing Assignment 3 ◎ Freedom of Speech 1. Incitements to Violence or Unlawful Acts ★ Schenck v. United States ★ Brandenburg v. Ohio 2. Fighting Words and Hate Speech ★ Chaplinsky v. New Hampshire ★ R.A.V. v. City of St. Paul, Minnesota ★ Virginia v. Black
第 14 週◎ Freedom of Speech 1. Injury to Reputation & Sensibility ★ New York Times v. Sullivan ★ Florida Star v. B. J. F. 2. Commercial Speech ★ Virginia State Pharmacy Bd. v. Virginia Citizens Consumer Council ★ Central Hudson Gas & Elec. Co. v. Public Serv. Comm. of N.Y. ★ 44 Liquormart, Inc. v. Rhode Island
第 15 週◎ Freedom of Expression 1. Content-Based vs. Content-Neutral Restrictions ★ Renton v. Playtime Theatres, Inc. ★ Ward v. Rock Against Racism ★ United States v. O’Brien 2. Regulating Speech: Overbreadth, Vagueness & Prior Restraints ★ New York Times Co. v. United States
第 16 週◎ Discussing Assignment 4 ◎ Freedom of Religion ★ Employment Div., Dept. of Human Resources of Oregon v. Smith ★ Masterpiece Cakeshop v. Colorado Civil Rights Commission ★ Trinity Lutheran Church of Columbia, Inc. v. Comer
第 17 週No class: Holiday (Dragon Boat Festival)
第 18 週Final paper presentation (submitting by June 30)
教科書

No required textbook. The instructor will provide the assigned readings, which are generally case excerpts of US Supreme Court decisions. On the other hand, students who are responsible for briefing cases can find the entire court decision on Westlaw database and other publicly accessible resources. Students are also encouraged to browse the SCOTUS blog (http://www.scotusblog.com/) to follow latest US Supreme Court cases.

Office Hours
地點
the course instructor's office
時間
Tuesday 14:00-15:00 or by appointment
聯絡方式
yhkuo@nycu.edu.tw