Constitutional Law: Powers and Institutions

This course will examine constitutional law and interpretation in the United States, focusing on the division of powers and the authority of key institutions under the Constitution. We will consider the Court's interpretation of the scope of power granted to Congress, the executive branch, and the federal judiciary, in addition to the powers reserved to the states. We will examine the ways in which constitutional interpretation of powers and authority has changed over time and gain an understanding of where the Court stands on these issues today. In each section we will discuss pivotal moments in interpretation, such as congressional power after the passage of the Fourteenth Amendment, the expansion of the commerce power during the New Deal, and the resurgence of state powers during the Rehnquist Court's federalism revolution. We will also deal with cases currently before the Court, including those that involve the Affordable Care Act, and cases that will likely come before the Court, such as challenges to President Obama's executive changes to immigration policy. This approach will help students to consider how political factors and the changing membership of the Court affect constitutional interpretation.