Constitution and Foreign Affairs

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.