Constitutional Structures

This course examines federalism as a core value and primary structural element of the U.S. Constitution. It scrutinizes the separation of powers within the federal government, as well as the distribution of powers among local, state, and federal governments. Students examine the public-private distinction and "state action," and consider the emergence of federal power from the Commerce, Tax, and Spending Clauses of the Constitution. Contemporary issues include the rise of the "new federalism" and its devolution of power to the states, and the role of, and limits on, public regulation in the marketplace. The course includes focus on other core constitutional concepts central to public interest practice, including mootness, standing, ripeness, and the 11th Amendment.