This graduate seminar focuses on the theory and practice of American constitutional
interpretation, with an emphasis on separation of powers (the division of power among
the judicial, executive, and legislative branches of the national government) and
federalism (the division of power among the national government and the states). Each
topic is studied from the perspective of the U.S. Constitution and relevant court
decisions. Students will learn to read legal opinions and to understand and evaluate
competing theories of constitutional interpretation. They are also introduced to the
concept of legal reasoning, as well as to the various political and attitudinal
factors that influence how and why individual judges vote as they do. Through the
careful study of individual court opinions (as well as political science and legal
research related to them), students will learn a set of skills that will allow them
to evaluate critically specific legal opinions and doctrines, and assess not only the
internal logic of those opinions and doctrines but also their impact on issues of
public policy and on the power of various parts of government. Students may be
evaluated based on research papers, examinations, class discussion, presentations,
and/or homework.

POSSIBLE TOPICS:
I. The Distribution of Powers within the National Government.
	A. Judicial Power
		1. The Supreme Court’s Jurisdiction.
		2. The Power of Judicial Review.
		3. Constitutional Constraints on Judicial Power.
		4. Modes of Constitutional Interpretation.
	B. Legislative Power
		1. The Sources and Scope of Legislative Power.
		2. Delegation of Legislative Power.
		3. The Power to Investigate.
	C. Executive Power
		1. The Sources and Scope of Executive Power.
		2. President’s Appointment and Removal Power.
		3. Executive Authority in the Conduct of Foreign Affairs.
II. The Distribution of Powers Between the National Government and the States.
	A. Dual Federalism versus Cooperative Federalism.
		1. Eras of Dual Federalism and Cooperative Federalism.
		2. The Impact of Laissez-Faire Economic Theory on Judicial
                   Decision-making: Economic Substantive Due Process
	B. Powers of the National Government in the Federal System.
		1. Congress’s Power to Regulate Interstate Commerce and Production.
		2. Congress’s Power to Tax and Spend.
	C. The Regulatory Powers of the States in the Federal System.
		1. 10th Amendment: Police Powers.
		2. The Dormant Commerce Clause.

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).