Use and Abuse of Presidential Power – 6841

This Seminar analyzes the constitutional scope of presidential authority, particularly when it conflicts with prerogatives of the legislative and judicial branches. Topics include war powers; military tribunals, detentions, and torture; intelligence gathering and surveillance; control of foreign policy; impeachment; presidential appointments, removals, and control of independent federal agencies; executive privilege and immunities; checks and balances and separation of powers theory. We will critically examine the lawyer's role in advising senior government decisionmakers in circumstances where law, politics and policy considerations are intertwined.  We will also discuss the legal mechanisms that are supposed to assure accountability when a president, or former president, commits a crime.  Students will write papers satisfying the upper division writing requirements and will lead discussion meetings on their chosen topics.