POSC 338
Constitutional Law: Institutional Powers and Constraints
Catalog Entry
POSC 338. Constitutional Law: Institutional Powers and Constraints. (AG)
Three hours lecture (3).
Prerequisites: POSC 120
This course examines constitutional powers exercised by federal government, with an emphasis on intergovernmental relations, separation of powers, role of the Supreme Court in constitutional process and general theories of constitutional government.
Note: Students may not receive credit for both POSC 438 and POSC 338
Detailed Description of Content of Course
Major areas of judicial decisions to be covered in this course may include:
I. The Function of the Judiciary in Constitutional Cases
A. Judicial Review
B. Federal vs. State Judicial Authority
C. Modern Judicial Review: Theory & Practice
II. The Commerce Power
A. Economic Regulation on Interstate Commerce Grounds
B. Controlling the National "Police" Regulation Processes
C. The Commerce Power Since 1937
D. Impact of the Civil Rights Act of 1964
III. Other National Powers
A. Taxation
B. Spending
C. War, Foreign Affairs and Federalism
IV. Intergovernmental Immunities & Federalism
A. Taxation & Regulations
B. Application to Interstate Relationships
V. Separation of Powers
A. National Policymaking
1. Legislative authority
2. Executive authority
B. Inter-branch Relationships
Detailed Description of Conduct of Course
A combined lecture/dialectical approach will be used, possibly with students responsible for initial presentation of particular judicial decisions to be analyzed
Goals and Objectives of the Course
I. To fulfill a requirement in the field of American Government for Political Science
majors.
II. To provide interested upper-division students from all majors with an introduction
to legal reasoning and the principles of constitutional interpretation.
III. To gain an understanding of the scope, development and limits of federal judicial
power.
IV. To begin to see the difference between legal/constitutional issues and political
issues.
V. To achieve a better understanding of the federal separation of powers and the federal/state
division of powers.
Assessment Measures
Graded assignments may include in-class tests, a final examination, essay or research papers, case briefs and oral presentations of course material.
Other Course Information
N/A
Review and Approval
DATE ACTION REVIEWED BY
April 1998 Reviewed M. J. Franck, Dept. Chair