Interpreting the Constitution - The Gilder Lehrman Institute of

THE ROLE OF THE SUPREME COURT IN AMERICAN HISTORY
JULY 22–28, 2012
STANFORD UNIVERSITY
NOTE: TENTATIVE SCHEDULE, SUBJECT TO CHANGE
INSTRUCTOR:
LARRY D. KRAMER, Richard E. Lang Professor and Dean, Stanford Law School
GRADUATE ASSISTANT
DANIEL KUO, Stanford University
THE GILDER LEHRMAN INSTITUTE OF AMERICAN HISTORY:
ELLIOT HYMES, Master Teacher/Coordinator
GUEST LECTURERS
JUDGE LUCY KOH, United States District Court for the Northern District of California
PAMELA KARLAN, Kenneth and Harle Montgomery Professor of Public Interest Law, Stanford Law School
TICIEN SASSOUBRE, Lecturer in Law, Law and Film Scholarship, Stanford Law School
BARRY WEINGAST, Ward C. Krebs Family Professor of Political Science, Stanford University
INTRODUCTION:
Today, scarcely anyone questions the importance of the Supreme Court in American government and
American politics. Indeed, we are often told we should worry about who becomes the next President
because he or she will control appointments to the Court. Was the Court always this important? If not,
how did it come to occupy that position? This course will examine some key moments in the history of
the Court, and the country. It will focus on the Court’s opinions and look at them in the ways a lawyer
does but also study the historical context necessary to understand the evolving role of the Supreme
Court. Critical moments we will look at include the Jeffersonian ascension and Marbury v. Madison,
slavery in the territories and Dred Scott, Progressivism and Lochner, segregation and Brown, the Warren
Court’s criminal procedure cases, and abortion and Roe v. Wade. Our objective will be to get a feel for
how the Court works, how it handles controversial issues, and how it has secured its unique position in
American politics.
READINGS:
Larry D. Kramer, The People Themselves: Popular Constitutionalism and Judicial Review (Oxford,
2004).
Course Reader
SCHEDULE:
All Classes will be held in Law School, Room 90 unless otherwise noted.
All Meals will be held in Russo Café Patio unless otherwise noted.
Sunday, July 22
1:00 P.M. – 5:00 P.M.
5:00 P.M. – 7:00 P.M.
Monday, July 23
7:00 A.M. – 8: 30 A.M.
9:00 A.M. – 10:15 A.M.
10:15 A.M. – 10:35 A.M.
10:35 A.M. – 12:00 P.M.
12:00 P.M. – 1:00 P.M.
1:30 P.M. – 2:30 P.M.
2:30 P.M. – 5:30 P.M.
5:30 P.M. – 6:30 P.M.
Tuesday, July 24
7:00 A.M. – 8:30 A.M.
9:00 A.M. – 10:15 A.M.
10:15 A.M. – 10:35 A.M.
10:35 A.M. – 12:00 P.M.
12:00 P.M. – 1:00 P.M.
2:00 P.M. – 5:30 P.M.
5:30 P.M.
6:30 P.M.
Wednesday, July 25
7:30 A.M. – 8:30 A.M.
9:00 A.M. – 10:15 A.M.
10:15 A.M. – 10:35 A.M.
10:30 A.M. – 12:00 P.M.
12:00 P.M. – 1:00 P.M.
1:00 P.M. – 3:00 P.M.
3:00 P.M. – 5:00 P.M.
5:30 P.M. – 6:30 P.M.
6:45 P.M.
Arrival and check-in
Larry Kramer, Introductions and Welcome
Dinner
Breakfast
Lecture: Larry Kramer, “Eighteenth-Century
Constitutionalism”
Break
Lecture: Larry Kramer, “Marbury v. Madison”
Lunch
Discussion: “Teaching Supreme Court Cases in the
Classroom”
Introduction to Gilder Lehrman and Gilder Lehrman
Website
Dinner
Breakfast
Lecture: Larry Kramer, “Dred Scott v. Sandford”
Break
Lecture: Larry Kramer, “Lochner and the Rise and Fall of
Substantive Due Process”
Lunch
Field Trip to San Jose Courthouse
Judge Lucy Koh
Meet bus to return to campus
Dinner
Breakfast
Lecture Larry Kramer, “Plessy and Brown”
Break
Lecture: Larry Kramer, “Desegregation after Brown”
Lunch
Guest Lecture: Pam Karlan
Teaching Strategies with Master Teacher
Dinner
Film: The Man Who Shot Liberty Valence
Film Discussion with Dr. Ticien Sassoubre
Thursday, July 26
7:00 A.M. – 8:30 A.M.
9:00 A.M. – 10:15 A.M.
10:15 A.M. – 10:35 A.M.
10:35 A.M. – 12:00 P.M.
12:00 P.M. – 1:00 P.M.
1:00 P.M. – 3:00 P.M.
3:00 P.M. – 4:00 P.M.
5:30 P.M. – 6:30 P.M.
Friday, July 27
7:00 A.M. – 8:30 A.M.
9:00 A.M. – 10:15 A.M.
10:15 A.M. – 10:35 A.M.
10:35 A.M. – 12:00 P.M.
Breakfast
Lecture: Larry Kramer, “The Warren Court, Part I”
Break
Lecture: Larry Kramer, “The Warren Court, Part II”
Lunch
Guest Lecture: Barry Weingast
Discussion: “Teaching Supreme Court Cases in the
Classroom”
Dinner
3:15 P.M. – 5:00 P.M.
6:00 P.M.
Breakfast
Lecture: Larry Kramer, “Roe v. Wade”
Break
Lecture: Larry Kramer, “After Roe: Planned Parenthood
v. Casey”
Lunch
Discussion: “Teaching Supreme Court Cases in the
Classroom
Master Teacher Session: Sharing Best Practices
Dinner
Saturday, July 28
7:00 A.M. – 8:30 A.M.
9:00 A.M. – 12:00 P.M.
Breakfast
Check-out
12:00 P.M. – 1:00 P.M.
1:30 P.M. – 3:00 P.M.

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