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Academics

Fall 2008
Law No.: LAW4614
Sched. No.: 306hh
Presidential Powers
Section 0001
X
Martin, David



Administrative Information:

Days, Times (Room): TWR, 0850-0950 (WB 105)
Credits:3Type:Lecture
Capacity:44 **This information is current as of 08/29/2008 01:58:47 AM**
Current Enrollment:34 **This information is current as of 08/29/2008 01:58:47 AM**

Course Description:

This course will consider a variety of issues involving the application of law to the President’s functions. Many such issues are of constitutional stature and fall under the general rubric of “separation of powers” or “checks and balances.” Therefore we will necessarily examine as well the powers vested in other branches of government. Other issues primarily involve statutory construction or public administration. The course will include a review of some or all of the following: law enforcement (including the institution of the independent counsel); program administration (including the President’s authorities in relation to the so-called independent federal agencies); budgeting and accounting; the line-item veto; executive privilege; impeachment; immunity to suit for the President and other executive officers; authority over foreign affairs and the war powers, including claims to extensive powers in the war against terrorism (e.g., the use of coercive interrogation), detention of “enemy combatants,” the chartering of military tribunals to impose criminal punishment, and surveillance of communications. We will examine the major judicial decisions on these subjects, but one objective of the course is to derive an appreciation for how few of these questions have been or could be litigated and thus governed by clear judicial guidance. We will consider how to make sound judgments on the distribution and exercise of governmental powers, even when traditional sources are lacking. The casebook is Peter Shane and Harold Bruff, Separation of Powers Law (2d ed. 2005), with supplementary material.

COURSE REQUIREMENT: Examination