MVV103K Contemporary Problems in American Federalism

Faculty of Law
Spring 2012
Extent and Intensity
0/1. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Prof. Michael Paul Seng (seminar tutor), doc. JUDr. Jiří Valdhans, Ph.D. (deputy)
Guaranteed by
doc. JUDr. Jiří Valdhans, Ph.D.
Department of International and European Law – Faculty of Law
Contact Person: Mgr. Eva Kolečková
Supplier department: Department of International and European Law – Faculty of Law
Timetable of Seminar Groups
MVV103K/01: Wed 2. 5. 16:40–18:10 302, 18:15–19:45 302, Thu 3. 5. 8:00–9:30 148, 9:35–11:05 148, Fri 4. 5. 8:00–9:30 211, 9:35–11:05 211, M. Seng
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 0/30, only registered: 0/30
fields of study / plans the course is directly associated with
  • Law (programme PrF, M-PPV)
Course objectives
This course will examine some of the issues currently being raised in the United States about federal and state powers. Federalism concerns have been present since the adoption of the Constitution. They take different forms with each generation. The American system of federalism is unique and differs significantly from the European concept of supra-nationalism.
Syllabus
  • Class One – Federalism, Citizenship, and Immigration The first class will focus upon the question of citizenship and who has a right to reside in the United States. Many American states are concerned about the numbers of illegal immigrants and their effect on scarce social services. Their efforts to limit illegal immigrants immediately bring these states into conflict with constitutional and Congressional mandates. Dred Scott v. Sandford, 60 U.S. 393 (1856) The Slaughter-House Cases, 83 U.S. 36 (1872) Seng, The Struggle over Citizenship Under United States Law (2011)
  • Class Two – Federalism and the Protection of Individual Liberties The second class will focus on the Bill of Rights and the Post-Civil War Amendments and their effect on state and national power. The Post-Civil War Amendments place restrictions on state power and enhance Congress’ power over the states. The class will discuss recent attempts by states to limit these federal powers. The Civil Rights Cases, 109 U.S. 3 (1883) Jones v. Alfred E. Meyer, 392 U.S. 409 (1968) McDonald v. City of Chicago, 130 S. Ct. 3020 (2010) DeShaney v. Winnebego County Dept. of Social Services, 489 U.S. 189 (1989) City of Boerne v. Flores, 521 U.S. 507 (1997) Tennessee v. Lane, 541 U.S. 509 (2004) Northwest Austin Municipal Utility District Number One v. Holder, 129 S.Ct. 2504 (2009)
  • Class Three – Federalism and Congressional Power to Regulate Commerce The third class will focus on Congress’ power to regulate under Article 1, Section 8, particularly the Commerce of the Constitution. It will show how these Clauses have been traditionally interpreted and recent efforts by the Supreme Court to contain these powers. The discussion will focus on attacks by some states to the health care reform legislation passed by Congress in 2010. Seng, Federalism in the Regulation of Commerce in the United States Heart of Atlanta Motel v. United Stated, 379 U.S. 241 (1964) United States v. Morrison, 529 U.S. 598 (2000) Gonzales v. Raich, 545 U.S. 1 (2005) Prinz v. United States, 521 U.S. 898 (1997) Florida v. U.S. Dept. of Health and Human Services, 2011 WL 285683 (N.D. Fla. 2011)
  • Class Four – Federalism and State Power The fourth class will discuss the reserved powers of the states. It will examine the power of states to protect individual liberties beyond the minimum specified in the federal constitution. It will also discuss the doctrine of preemption and when states may exercise powers where Congress has already so. Michigan v. Long, 463 U.S. 1032 (1983) Smith v. Doe, 538 U.S. 84 (2003) Doe v. Alaska, 189 P. 3d 999 (Alaska 2008) Watters v. Wachovia Bank, 127 S.Ct. 1559 (2007) Cuomo v. Clearing House Association, 129 U.S. 2710 (2009)
Literature
  • Study materials will be handed over to the students before and during the course.
Teaching methods
lecture, discussion
Assessment methods
short essay
Language of instruction
English
Further comments (probably available only in Czech)
Study Materials
The course is taught only once.
  • Enrolment Statistics (recent)
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