Course Description
As part of a course sequence dealing with the theory and practice of American constitutional law, this segment will deal with separation of powers and federalism. Constitutional law is considered in historical perspective, and emphasis placed on American political development over time.
Athena Title
Con Law Power HP
Equivalent Courses
Not open to students with credit in POLS 4700, POLS 4700E, POLS 4700H
Prerequisite
POLS 1101 or POLS 1101E or POLS 1101H or POLS 1101S
Semester Course Offered
Offered every year.
Grading System
A - F (Traditional)
Student Learning Outcomes
- Students will be able to understand institutional power as derived from the U.S. constitution.
- Students will be able to understand the origin, purpose, strengths, and weaknesses of judicial review.
- Students will be able to understand separation of powers in historical context.
- Students will be able to understand federalism and how it has evolved over time.
- Students will be able to explain the tensions between “states’ rights” and national supremacy, in historical context.
- Students will be able to understand the significance of the Commerce Clause and how Congressional use has evolved over time.
- Students will be able to critique the role of the U.S. Supreme Court in determining the balance of power among the various branches and levels of government over time.
Topical Outline
- I. The Judiciary
A. Judicial Review
B. Constraints on Judicial Power
- II. The Legislature
A. The Independence and Integrity of Congress
B. The Sources and Scope of Congressional Power
- III. The Executive
A. Selection of the President
B. Faithful Execution of the Laws
C. The Domestic Powers of the President
D. Foreign Policy
- IV. Separation of Powers System in Action
A. Domestic Disputes
B. War and National Emergencies
- V. Federalism
A. Dual v Cooperative Federalism
B. New Judicial Federalism and National Preemption of State Laws
- VI. The Commerce Power
Institutional Competencies
Critical Thinking
The ability to pursue and comprehensively evaluate information before accepting or establishing a conclusion, decision, or action.
