Selected Topics in National Security Law and Foreign Relations Law: Covert Action, the Constitution, and the Separation of Powers. This seminar is an applied constitutional law course using case studies in covert action to highlight important themes in national security and foreign relations law, with a special emphasis on the separation of powers. Covert action is generally defined under U.S. law as activities of the U.S. Government to influence political, economic, or military conditions abroad, where it is intended that the role of the U.S Government will not be apparent or acknowledge publicly. Case studies focus on the events collectively known as the “Iran-Contra” affair, Stuxnet, cyberwarfare, and other recent and historical events.
Other themes include balancing security and liberty, promoting transparency and accountability alongside efficacy, statutory interpretation and executive power, and the implications of technological change on all of the above. Throughout the course, students will be asked (in groups and individually) to step into the shoes of various government legal advisers and policymakers and to consider — and advocate for or against as they switch roles and institutions — courses of action based upon the readings and hypothetical scenarios. Grades will be based upon a final paper, occasional short response papers, and reasonable class participation.