Advanced Topics in Federalism
This seminar will deal with a variety of legal issues arising out of our federal system. The goal is to go beyond well-worn debates about Congress's enumerated powers and look at a series of more intricate legal problems. The first part of the course will examine several discrete issues about the relationship of states to federal institutions, such as whether states have any reserved rights under the Tenth Amendment, and what relationship states have to federal courts. The second part of the course will look at "horizontal" federalism--i.e., relations between the states themselves. The final part of the course will reflect on the bigger picture--what purposes, if any, is federalism supposed to serve, and which of these doctrines, if any, serve them well?