Constitutional Law Advanced: Federalism and Separation of Powers
Spring term, Block D
Th,F 10:00 AM - 11:30 AM
Visiting Professor Bradford Clark
3 classroom credits LAW-33655A Spring
This course examines several important aspects of the constitutional structure in depth, and in particular how these features interact. These features include aspects of federalism (including the Supremacy Clause and the political safeguards of federalism), as well as separation of powers (including various doctrines restraining legislative, executive, and judicial power). In particular, the course explores the ways in which separation of powers and federalism interact with, and reinforce, each other. For example, the Supremacy Clause incorporates federal lawmaking procedures (usually studied as an aspect of the separation of powers) as a method of checking federal power and safeguarding federalism. Having made this connection, the course examines various constitutional doctrines in a new light and with explicit focus on how the constitutional structure functions as a coherent whole. The course materials will consist of cases and law review articles.