Supreme court cases on the separation of powers, national and state regulatory powers, the federal system, and the role of the courts.
Athena Title
Constitutional Law Powers Hon
Equivalent Courses
Not open to students with credit in POLS 4700, POLS 4700E, POLS 4800
Prerequisite
(POLS 1101 or POLS 1101E or POLS 1101H or POLS 1101S) and permission of Honors
Semester Course Offered
Not offered on a regular basis.
Grading System
A - F (Traditional)
Student Learning Outcomes
Students should be able to understand the concept of “constitutionalism” and how a written constitution promotes the rule of law.
Students should be able to understand the origin, purpose, strengths, and weaknesses of judicial review.
Students should be able to understand the basics of constitutional interpretation (such as the difference between judicial activism and judicial restraint, the arguments for and against the use of “original intent” to clarify ambiguous constitutional language, and whether the constitution should be read literally or not).
Students should be able to understand the constitutional underpinnings of the separation of powers between the legislative, executive, and judicial branches of the U.S. government and be able to describe how and why the powers of the three branches have evolved as they have.
Students should be able to understand the concept of federalism and be able to explain the tensions between “states’ rights” and the concept of national supremacy.
Students should be able to understand the significance of the 10th Amendment of the U.S. Constitution, the concept of state “police powers,” and Congress’s use of the Commerce Clause to regulate both the transportation and production of goods.
Students should be able to understand and critique the role of the U.S. Supreme Court in determining the balance of power among the various branches and levels of government.
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
