Separation of Powers in the Federal Courts Seminar

This seminar will explore the development of separation of powers through litigation in the federal courts. How are checks and balances effectuated through the federal courts? What role, if any, should courts should have in public powers disputes? What is the effect of litigating powers disputes, rather than negotiating them? Topics covered will include, among others, (1) features of litigating separation-of-powers questions, (2) representation of interests by the U.S. Solicitor General, (3) the role of states in challenging use of federal power, (4) how and when Congress can sue the Executive Branch, and (5) procedural and remedial measures available to courts in these disputes. There will be a special emphasis on judicial power in both the Supreme Court and the lower federal courts.