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GOVT102

Constitutional Politics: American Style
GOVT102 FA

Photo Caption and Credits

Next Offered in 9899 FA

Constitutional litigation is the "stuff of power politics in America." As Alexis de Tocqueville observed, "there is scarcely any political question that is not resolved, sooner or later, into a judicial question." In the past two hundred years nearly every interest represented in our diverse and far-flung nation has knocked, at one time or another, on the Courthouse door. It is more than a little ironic that in our representative republic nine unelected individuals have come to wield so much power and enjoy so much acceptance. It is even more ironic that the elected, co-equal branches--the Congress and the Executive--seem, of late, to be knocking the hardest! The Supreme Court decision in U.S. vs SYNAR, the constitutional challenge to the Gramm-Rudman-Hollings budget deficit reduction act, is an example of this trend. This course will take an in-depth look at the politics behind several cases, including SYNAR, in which the Congress or the President, or both, have come hat-in-hand seeking a resolution to their ongoing tug-of-war for power from the "umpire." We will consider such questions as: Is the "more equal branch" really the "least dangerous branch?" When the court rules on separation-of-powers issues is it interpreting the Constitution or creating its own version of a Constitution? Is the Constitution a "blueprint" that can be applied with some specificity or a "spirit" open to broad and flexible interpretation? Can the modern bureaucratic state be squared with the Founding Father's constitutional design? The readings will be from law journal articles, excerpts from various books on judicial review and Supreme Court cases.

MAJOR READINGS

Readings from the Federalist Papers, the
notes of the Constitutional Convention and various law
journal articles. In addition we will read briefs &
decisions of several major separation of powers court cases.

EXAMINATIONS AND ASSIGNMENTS

Several short papers in preparation for writing court briefs and decisions in two moot court exercises.

ADDITIONAL REQUIREMENTS and/or COMMENTS

Regular attendance is required. This course requires group work. Unless preregistered students attend the first class meeting or communicate directly with the instructor prior to the first class, they will be dropped from the class list. NOTE: Students must still submit a completed Drop/Add form to the Registrar's Office.

COURSE FORMAT: Discussion

REGISTRATION INFORMATION

Level: UG Credit: 1.00 Gen Ed Area & Dept: SBS GOVT

Prerequisites: None

Last Updated on MAR-03-1998



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