Constitution and Foreign Affairs

Course Information

Course Number
L6410
Curriculum Level
Upperclass
Areas of Study
Constitutional Law, International and Comparative Law, National Security and Privacy
Type
Lecture

Section 001 Information

Instructor

Section Description

In this course we address the division of executive and legislative powers in foreign affairs, the different checks and balances applicable, and the relevance of federalism. We cover both the particular applications in foreign affairs of general issues (such as executive privilege) and special foreign affairs issues, including: the scope of the treaty power and the role of the Senate; the power of the President to make executive agreements on his own authority and their status as law in the United States; the authority of the President to deploy the armed forces of the United States and Congressional efforts to control such Presidential deployment. We also consider the special role of the courts, as reflected in applying international law and in the development of doctrines like "Act-of-State" and the political question doctrine. Issues of individual rights in foreign affairs include the application of the Bill of Rights when the national security is implicated, applicability of the Constitution abroad, and the rights of aliens.

Take-home examination, or, upon consultation with the instructor, a research paper in lieu of an examination.

School Year & Semester
Fall 2023
Location
JGH 102a
Schedule
Class meets on
  • Tuesday
  • Thursday
2:50 pm - 4:10 pm
Points
3
Method of Evaluation
Exam
J.D Writing Credit?
Minor (upon consultation)
Major (only upon consultation)

Learning Outcomes

Primary
  • At the end of the course, students will have acquired understanding of and/or facility in a specific body of law, including major policy concerns
  • At the end of the course, students will have acquired understanding of and/or facility in doctrinal analysis, including close reading of cases and precedents, and application to facts
  • At the end of the course, students will have acquired understanding of and/or facility in the influences of political institutions in law
Secondary
  • At the end of the course, students will have acquired understanding of and/or facility in judicial, legislative and/or administrative processes
  • At the end of the course, students will have acquired understanding of and/or facility in the historical development of law and legal institutions
  • At the end of the course, students will have acquired understanding of and/or facility in comparative law analysis of legal institutions and the law

Course Limitations

Instructor Pre-requisites
None
Instructor Co-Requisites
None
Requires Permission
No
Recommended Courses
None
Other Limitations
None