Course ID: | POLS 4700H. 3 hours. |
Course Title: | Constitutional Law: Powers (Honors) |
Course Description: | Part of a sequence of courses dealing with the theory and
practice of American constitutional law. Focus on separation of
powers within the national government, including the judicial,
legislative, and executive branches and issues of federalism, the
division of power between the national government and the states. |
Oasis Title: | Constitutional Law Powers Hon |
Duplicate Credit: | Not open to students with credit in POLS 4700, POLS 4700E |
Prerequisite: | (POLS 1101 or POLS 1101S or POLS 1101E or POLS 1105H) and permission of Honors |
Semester Course Offered: | Not offered on a regular basis. |
Grading System: | A-F (Traditional) |
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Course Objectives: | This course teaches students to read and critically analyze U.S. Supreme Court
decisions. In particular, it examines the theory and practice of judicial review. It
focuses on debates over how to interpret the U.S. Constitution and other legal texts.
The formal constitutional powers of the Supreme Court, Congress, and the President
are examined in detail in the first half of the course, as are the legal
interpretations of those powers. The second half of the course focuses on the
division of power between the national government and the states. Through readings,
class discussions, and a major research paper, students will examine the important
role played by courts and judges in defining the power of government at both the
federal and state levels. Cases will be supplemented with social science literature
that focuses on the factors that lead judges to vote the way they do. Having
identified the impact that judges can have on public policy, we will also examine
what factors should be considered when selecting judges. |
Topical Outline: | I. The Distribution of Powers Within the National Government
A. Judicial Power
1. Judicial Review
2. Gatekeeping Rules and Other Checks on the Court
3. Modes of Constitutional Interpretation
B. Legislative Power
1. The Source and Scope of Congressional Power
2. Delegation of Legislative Power
3. The Power to Investigate
C. Executive Power
1. The Source and Scope of Presidential Power
2. Appointment and Removal Power
3. The Pardon Power
4. Foreign Affairs
II. The Distribution of Powers Between the National Government and the States
A. The Commerce Clause: Early History and the Rise of “Dual Federalism”
B. “Liberty of Contract” in the Dual Federalist Era
C. The Commerce Power Since 1937: The Rise of “Cooperative Federalism”
D. Dual Federalism Revived?
E. Taxing and Spending Powers as a Means of Government Regulation
F. The “Dormant” Commerce Clause |
Honor Code Reference: | All academic work must meet the standards contained in "A Culture of Honesty."
Students are responsible for informing themselves about these standards before
performing academic work. The penalties for academic dishonesty are severe and
ignorance is not an acceptable defense. Also note that the course syllabus is a
general plan for the course and that deviations announced to the class by the
instructor may be necessary. (www.uga.edu/ovpi/academic_honesty/academic_honesty.htm) |