US Foreign Policy and Foreign Relations Law ((3 Credits))

Catalog description

The purpose of this course is to give students a comprehensive understanding of American foreign policy and foreign relations law. The course further looks at how the Constitution influences the foreign policy making process and how it limits the choices available to the President and Congress in asserting their authority in foreign affairs. Part I of the course examines the legal authority of the United States Government to conduct foreign affairs and whether the Constitution helps or hinders that authority. Secondly, the course examines how the Constitution allocates foreign affairs power to the President and to Congress and whether checks and balances operate in the same manner in foreign affairs as it does in domestic politics. Particular attention will be given to the rivalry between the Executive and Legislative Branches over which branch has prominence in foreign affairs, and attempt by Congress to assert greater oversight authority in foreign affairs than the President believes is constitutionally mandated. In addition, the course examines the judicial review role of the Federal Courts in overseeing how the President and Congress exercise their respective authority in foreign affairs. Finally, the course focuses on the relationship between the Constitution and International Law, and the limitations International Law imposes on the Federal Government's ability to conduct foreign affairs. The course will address such controversial issues as the President's authority to send American troops into combat without Congressional authorization; Executive Agreements; U.S. participation in multinational military operations; U.S. violation of International Law; Congressional authority to declare war in light of the ban on the use of force in Article 2 (4) of the United Nations Charter; and the President's obligation to disregard U.S. treaty obligations.