Course Description
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
Equivalent Courses
Not open to students with credit in POLS 4700, POLS 4700H, POLS 4800
Non-Traditional Format
This course will be taught 95% or more online.
Prerequisite
POLS 1101 or POLS 1101E or POLS 1101H or POLS 1101S
Semester Course Offered
Offered summer semester every year.
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. Checks on the Power of the Supreme Court
3. Modes of Constitutional Interpretation
4. Jurisdiction and Decision Making
B. Legislative Power
1. The Sources and Scope of Congress’s Power to Legislate
2. Delegation of Legislative Power
3. The Power to Investigate
C. Executive Power
1. Competing Theories About the Scope of Executive Power
2. The President’s Appointment and Removal Power
3. Executive Authority in the Conduct of Foreign Affairs
- II. The Distribution of Power between the National Government and the States
A. Competing Theories of Federalism
B. The Scope of Congress’ Power to Regulate Interstate Commerce
C. Federal Taxing and Spending Authority
D. The Regulatory Power of the States: The 10th Amendment and Police Powers
E. The Dormant Commerce Clause
