Syllabus
Week I. Tuesday March 4, 2014
1. Basic design: separation of powers. Checks and balances. The scale and scope of powers. Granted/ implied/inherent power. Executive privilege. Constraints on presidential power. Impeachment.
2. Executive orders: Louisiana Purchase; Lincoln and Civil War; Truman and desegregation of the armed forces; Truman and the steel seizure case. Some Bush/Obama example.What are the limits of executive orders? Thursday, March 6, 2014
3. Influencing Congress. Reagan and budget. Presidential Veto. Clinton and line-item veto. Decline of influence in Congress.
4. Interpreting the law. Marijuana and immigration. Week II. Tuesday, March 11
5. President and powers in foreign affairs. Representing the country, appointing and accepting ambassadors, making treaties. Executive agreement.
6. President and war powers.Views of the framers; actions of Washington and early presidents. Congress and the power to "declare war". Thursday, March 13
7. War Powers Resolution, what preceeded and what followed? Truman and the Korean War. Vietnam War. Gulf War. Yugoslavia. Libya.
8. War on terror and NSA Spying. Detention and interrogation. Killing of Osama bin Laden. Killing of al-Awlaki.
Annotation
Even though the American President operates within a political system with numerous checks and balances, he has a tremendous amount of power, in international affairs and war making and in domestic policy.
The US Constitution gives Congress the power to declare war, but presidents have effectively taken over this power. It is now assumed that a president can start a war without getting permission from Congress. The Korean War was conducted entirely without any congressional authorization. Other conflicts have also been started and finished without Congress giving approval. Now presidents can use drones to conduct warfare and even kill American citizens. One central theme of this class will be how president have gained control over war making, and how they have used this power.
A second theme will be use of presidential power in domestic policymaking. Congress passes laws, and it is the job of the president to implement them. The way president implement laws can fundamentally change their meaning. There are several important examples from the Obama presidency, including the enforcement of federal drug laws in connection with medical marijuana sellers. The Obama Administration also adopted new rules about deportation of illegal residents of the US that changes the meaning of the law.