Federalism in Action: The Doctrines and Constitutional Provisions That Govern Federal-State…

Catalog description

Clashes between the states and the federal government are an inherent feature of our Nation's federalist structure. These disagreements, which have become more common in recent years, often give rise to high-profile, politically charged cases. (See, e.g., West Virginia v. EPA, 597 U.S. 697 (2022) ; Trump v. Hawaii, 585 U.S. 667 (2018); Biden v. Nebraska, 143 S. Ct. 2355 (2023); Arizona v. United States, 567 U.S. 387 (2012); United States v. Illinois, 25-cv-1285 (N.D. Ill.); United States v. Vermont, 25-cv-00463 (D. Vt.)). To resolve these disputes, courts have developed many important legal doctrines, including federal preemption, anti-commandeering, federal common law, the Dormant Commerce Clause, and many more. This course will examine these doctrines as well as the seminal cases interpreting the Supremacy Clause, Commerce Clause, Spending Clause, and the various other constitutional provisions that establish the boundaries of federal and state power. The goal of this class is to better understand the jurisprudence that has developed to keep the federal and state governments within their respective spheres of authority. This class will be especially valuable for those interested in clerking in the federal courts, working as a litigator in the Department of Justice or a state solicitor general's office, and/or learning how many of our today's most contentious cases are likely to be resolved. Elements used in grading: Attendance, Class participation, Exam.