Executive Power Under the Constitution

This new course will address the full range of issues involving executive power under the U.S. Constitution, including the process of election (Electoral College; voting disputes, the Electoral Count Act), impeachment, foreign affairs (including control of foreign relations, command of the military, and control over national security, surveillance, and the like), authority of the President over executive agencies (including the power of removal and the duty to enforce the law), prosecution, pardon power, congressional oversight and executive privilege, executive statutory and constitutional interpretation, the budget process, litigation against the executive, and the role of the Office of Legal Counsel. The course will begin with an overview of the development of Article II at the Constitutional Convention, based in part on the instructor's recent book, THE PRESIDENT WHO WOULD NOT BE KING (Princeton Univ. Press 2020). Each topic will include historical context, relevant Supreme Court and lower court opinions, legal materials and commentary from outside the courts, and discussion of recent controversies. Class will be a combination of lecture and class discussion. The latter will be partly free-form, partly based on targeted questions from the instructor, and partly based on mini-debates. For grading, students will have the option of an open-book take-home exam and a 30-35 page research paper on a topic pre-approved by the instructor. Elements used in grading: Attendance, Class Participation, Exam or Final Paper.