Learning Constitutional Law
Stagione 1
di Jennifer Miller
Hi all, and welcome back to our weekly podcast--this week, our episode is going to discuss the division of power between the national (federal) government and the many state governments. Federalism is the word we use to capture that division of power... and boy has the power-sharing and power division changed over time! For this episode, we will cover the historical changes in the power division and look a bit into the cases that have challenged the long-term trend of the national government taking away powers that were often reserved for the states. As Justice Marshall noted, this issue "will probably continue to arise, as long as our system shall exist"... so here's to understanding a bit more about this never-ending story!
Welcome to our continued discussion of federalism, the division of power between the national (federal) government and state governments. In this episode, we will focus in on where the Supreme Court has established more of the federal/national authority. Our topics this week include the Commerce Clause, the taxing and spending power, concerns about dual federalism, and 5 cases that illustrate more of these powers in the modern era of the court. At about 40 minutes, this episode is a bit briefer and more to the point--but if you have any questions about what is covered do let me know!
Hi all; welcome to part 3 of our discussion on federalism! In this last episode on federalism, we will cover "reserved" powers and a range of associated concepts with that topic: dormant-power theory, mutual-exclusiveness theory, and selective-exclusiveness theory. I'm not going to lie, these are complex concepts and hard to apply/understand. That said, do your best and try to focus more on getting an understanding of state "police powers", the tests we apply in relation to commerce, and the notion of "preemption". The last portion of this episode covers guidance on our peer reviews, so be sure to catch that if you have any questions on that assignment and process!
Hi all; welcome to our second-to-last episode of the Con Law podcast for Fall 2024! In this episode, we are going to talk about the powers of Native American tribes. The tribes are specifically recognized entities within the Constitution and by the Congress, but sorting out what level of power and authority those tribes have has been an ongoing debate since the founding of our country. With this episode, we are going to take a high-level look at topics like self-government, power over lands, criminal justice (which has been a dominant area of concern in recent years), and the placement of children under the Indian Child Welfare Act (ICWA). We will also encounter some additional concepts with our cases, so be on the lookout for the court's use of commandeering, preemption, and dual sovereignty in these cases!
Welcome to our final episode on new material for our course on Constitutional Law! In this episode, we will cover a lot of ground but with a heavy focus on economic processes. We will begin with discussion of the Contract Clause, take a bit of a roundabout into the 14th Amendment with a due process focus, and then return to the 5th Amendment's Takings Clause. Our concepts this week include one of the most complicated we've encountered (at least since dormant-power theory): substantive due process. I would encourage you to take your time with this one and to read through multiple resources and cases on this topic but keep in mind even the justices don't agree on what it means (or whether it exists). Congratulations on making it through our material for the semester!
Hello all; in this final podcast episode I will be signing off with a few last thoughts on constitutional law. There is no new material this week but I did want to offer my congratulations to all of you for completing this course. If you are feeling frustrated, anxious, or maddened by what we've done this semester, I assure you that is all just fine... no one in this world really knows exactly what constitutional law means (not even the justices... thus the reason for concurring and dissenting opinions). Kudos on getting to the end of the semester and for tackling this topic which is no small feat. As you move past this class into the future, I hope you hold a space for thinking about the constitutional questions we face in the future. Take care and happy holidays!