Political Science: Const Law: Government Powers

Emphasis on developing skills of legal analysis. Historical origins and general principles of constitutionalism. Prerequisite: POLS 1300 or POLS 1013.

Prerequisite enforced by the system: POLS 1300 or POLS 1013; Minimum Sophomore standing. PACE students with permission and override.

This course examines one of the two major aspects of American constitutional law: the division of power in our political system. Government power is divided in the United States between the national and state governments in a practice known as federalism. Furthermore, the power within the national government is divided between the three branches of government (the legislative, executive, and judicial branches) through a practice known as separation of powers. The division of authority laid out in the U.S. Constitution has undergone massive interpretation and change throughout U.S. history, making the issues we’ll be covering this semester both foundational and perennial. Indeed, many important interpretations of the division of government power in the US political system are currently being litigated, and the consequences of decisions on issues including executive power, presidential immunity, and administrative agency authority are significant. Who wields power and how that power is allowed to be exerted is a central concern to any political system. That is why much of the US Constitution focuses on government powers, and why this information is a necessity for any student of US government.

The course material for this class is heavy on Supreme Court decisions, so students will be expected to read and discuss multiple court opinions per class throughout the semester. Students will be expected to come to every class session, prepared to discuss the readings for that day. Written assignments will be based on current issues before the judiciary, and will involve reading primary documents like full court opinions or case briefs.

Grades will be determined based on class participation, and some combination of papers, exams, class participation, and pop quizzes, with the possible addition of a presentation or oral examination.