Course Description
The substantive law of separation of powers; powers among branches of government and between national and state governments defined; historical coverage is emphasized.
Athena Title
CONST LAW I: POWERS
Semester Course Offered
Not offered on a regular basis.
Grading System
A - F (Traditional)
Course Objectives
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.
Topical Outline
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.