Separation of Powers Seminar

Catalog description

Has the President, particularly in exercising inherent and commander-in-chief powers, violated the Constitutional architecture of separation of powers? Has the Supreme Court upset the balance by interposing its authority in election controversies? Has the Congress sufficiently and effectively exercised its oversight powers? Recent terrorist acts affecting the United States particularly since 9/11 have produced changes in the operation of each branch of government and differences in how each branch of government interprets its governing law. These reactions are evidenced in recent legislation and Supreme Court decisions which we will study. The traditionally broad executive authority in foreign affairs and in the military sphere has been expanded unilaterally by presidential directives and executive orders, followed by congressional attempts to confine the President’s power. We will examine the operation of the three branches as they work together or as each struggles for pre-eminence in vital areas: national security, military justice, individual rights, intelligence, foreign and domestic policy. Students may take this seminar to satisfy their ULWR.