Presidential Powers

From our nation’s founding on, we have debated (and, at times, litigated) the appropriate balance of power among the executive (the President), legislative (Congress), and judicial (the courts) branches of government. Emerging issues in the 21st century have amplified those debates. Many of these debates appear to be attributable to Congress retreating from its historical policymaking role. In that legislative vacuum, recent Presidents, seemingly more often than in the past, have exerted policymaking initiatives through executive orders, agency action, and their discretion to enforce federal laws. And many of those presidential acts have been challenged in federal court, leaving the courts to resolve thorny legal issues with profound policy implications. The seminar will focus on the evolution of presidential power, with a focus on the 21st century. The course has three aims. The first is to familiarize students with historical aspects of presidential power. The second is to emphasize legal developments involving the President over the last 25 years. The third aim is more practical. Students will come away with a practical understanding of how the President receives legal advice, and how the Department of Justice represents the President (as well as other actors in the executive branch) in court.