This course will explore the legal and institutional conflicts that arise among federal, state, local, and sub-local governments in the United States. We will consider how constitutional structure, statutory design, and intergovernmental politics shape the allocation of authority across these levels of government, with particular attention to doctrines such as preemption, anti-commandeering, and home rule.
We will explore how these questions emerge in a range of contemporary settings—ranging from state and local implementation of federal regulatory programs, to state takeovers of local institutions. Throughout, we will consider the role of courts, legislatures, executives, and administrative agencies in structuring and mediating these disputes. Readings will include judicial opinions, statutes, scholarly articles, government reports, and selected policy materials.
Ponomarenko, Maria