LAW6841

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 decision-makers 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.