Curriculum Guide · Courses

Professor Meryl Chertoff

J.D. Seminar 435 (cross-listed) | 2 credit hours

"There will always be a new federalism" one scholar said. In recent years, the federal government has taken on increasing responsibility for state programs that traditionally have been within the purview of state government, including health, education, and job creation. The states have not accepted this diminished role, and in state legislatures and federal courts across the nation, a battle is being played out over the constitutional limits of federal power. This course will examine the balance of powers between the three branches of state government and the intergovernmental relationship between state and federal levels. We will start with an examination of Tenth Amendment, Commerce Clause, and coercive federalism jurisprudence, focusing in particular on National Federation of Independent Business v. Sibelius (the Affordable Care Act case). We will also look at state constitutions and the role of state courts of final jurisdiction in the protection of individual rights and the roles of these courts as a counterpoise to federal courts, the role of the governor, the relationship of state governors to their legislatures, judicial independence in states that elect their judges, and states as lobbyists of the federal government. We will consider the choice advocates make between litigating or pursuing state legislative change to advance policy objectives. There will be two assessments, both involving role-playing, which will require student papers as well as one-on-one evaluation of oral presentations. For these, students will be expected to work on contemporary issues simulating the work of state legislative committee staff, Governor's counsel staff, and state-level lobbyists. Participation will be a component of assessment for the class. Limited to 20.