Fall 2014
    Law No.: LAW7070
    Sched. No.: 114821065

Presidential Powers
Section 1
Martin, David A.

Administrative Information:
During SIS enrollment, check on SIS for real-time enrollment numbers
Days, Times (Room):MTW, 1300-1400 (WB105)
Capacity:44 **This information is current as of 05/29/2015 06:15:08 AM**
Current Enrollment:10 **This information is current as of 05/29/2015 06:15:08 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., detention under the law of war, the use of coercive interrogation), 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, with supplementary material.

NOTE: Laptops are not allowed during class sessions.