Constitutional Law of the United States: The Power of the Supreme Court

Federalist # 78 speaks of the United States Supreme Court as "the least dangerous branch" because it possesses so little political power. What are the conditions under which the Court gets its way? When does it fail to do so? From Marbury vs. Madison to Roe vs. Wade and beyond, we will explore this pair of questions, devoting particular scrutiny to the dynamics of "power". Book: William Muir, Law and Attitude Change (to be purchased in class). Assignments: One major research paper (20-30 pages), several shorter papers, midterm exam, and final exam. (Text of cases will be available on departmental website.)