This seminar will address what Justice O’Connor has called “our oldest question of constitutional law”: “the proper division of authority between the Federal Government and the States.” We will approach this broad question by considering the following: how and why the Framers of our Constitution allocated authority between the Federal and State governments; whether the objectives and instruments of that allocation remain pertinent and effective today; and if not, whether we should seek to replace them with new objective and instruments, or simply dismiss them as anachronistic in modern society. We will examine three sorts of arguments about Federalism: arguments based on the Framers’ political theory of “dual sovereignty,” on the concept of a government of limited powers, and on considerations of public policy. The weekly readings will consist primarily of Supreme Court decisions and scholarly commentary. A seminar paper will be due at the end of the semester. Quality of classroom participation will consitiute a secondary factor on grading (while grades will be based predominantly on the paper, class participation might tip the balance in borderline cases).