Constitutional Law

Constitutional Law
(Federalism)

� G. William Rice
Associate Professor of Law

All Rights Reserved

Welcome to the study of Constitutional Law. This introductory course deals primarily with "federalism." By this, I mean the nature and structure of the American federal system which includes a study of the powers of the federal government as well as the delimitation of federal versus state authority over various subject matter areas. In order to understand the principles involved in the allocation of governmental authority between the federal and state governments, it is important that you understand the background against which the Constitution of the United States was ratified. You may have read some or all of this material before. If so, this will simply be a review of that material. However, I suspect that many of you will not have had the opportunity to actually read much of this primary source material.

The purpose of this material is twofold. First, you should come away with a better impression of the thoughts and feelings of those who participated in the American revolution, and who participated both pro and con in the drafting, debates, and ratification of the Constitution of the United States. You also should obtain a better understanding of the historical circumstances surrounding its development and ratification. In this regard, I strongly suggest that you carefully read the Federalist Papers and the Anti-federalist Papers while thinking about the Constitutional provisions to which each "epistle" relates.

You should also familiarize yourself with the actual text of the Constitution, paying particular attention to the structure of the federal system therein created. Compare the system created there by the founding fathers with that of the Six Nations of Iroquois. Compare the structure of those systems, and the rights and freedoms guaranteed therein with those granted in the Magna Carta by King John to his Barons. (Do not hesitate to make liberal use of a good law dictionary to discern the meanings of the various terms used in these documents.) Read the Constitution, and the materials reflecting some of the debates regarding it (including the Federalist Papers and Anti-Federalist Papers) remembering that many of those debating the issues were deeply involved in the revolutionary effort which had ended less than seven years before the adoption of the Constitution. Many of the participants in these debates could remember only too well the actions of the British King and Parliament prior to 1776, actions which lead directly to the revolution. For the most part, they were determined not to create a government capable of repeating those actions while providing for their continued peace, freedom, trade, and liberties.