Constitution & Foreign Affairs

LAW

7415

Constitution & Foreign Affairs

A research and discussion seminar examining constitutional issues of the foreign relations of the United States. Topics include the powers of the President and Congress, separation of powers, war powers, covert action, treaties, executive agreements, participation in international organizations, the role of the courts and justiciability of foreign affairs controversies, state and local government actions affecting federal conduct of foreign relations, and individual rights (including freedom of expression, right to travel, rights of foreign nationals, extraterritorial constitutional issues). Since the attack on the World Trade Center, there have been rapid developments in the courts and Congress affecting the balance between national security and civil liberties. The seminar will examine some of the legal issues this era generated such as indefinite detention, torture, extraordinary rendition, military tribunals, warrantless wiretapping and state secrets. Contemporary legal problems of targeted killing, use military force on the cold battlefield and intelligence agencies undertaking special operations roles will also be discussed. Grading will be based on a 72-hour take home final examination, an in-class presentation and on class participation throughout the semester.

Fall, Spring

Law

No