Presidential Power

Welcome to the Homepage of Presidential Power This website contains information regarding the class. Click on the links below to take you to the document.

SYLLABUS
  • The syllabus handed out in-class.

    • EXAMS
  • I strongly urge you to study together for exams.
  • Permanent-ink pen and bluebooks are required for exams.
  • Study Guide for all exams
    • ***Note: This is the material for the entire course. Be sure to note in class specifically which of this material is covered on each individual exam!!!

    ASSIGNMENTS (Don't forget due dates!!!)
  • I strongly urge you to work together on assignments.
  • All assignments or drafts thereof must be typed.
  • Presidential Power Term Paper
  • Class lecture/discussion outline

    • COURSE READINGS

    I. Background Material
    NOTE: This background section is NOT required reading, but serves as a refresher to familiarize yourself more with the presidency and as possible research material for you term paper.

  • The U.S. Presidency From the U.S. Information Agency
  • Presidential History From the White House website.
  • Presidential History From the University of Virginia's Miller Center of Public Affairs
  • The American Presidency From Grolier Encyclopedia Online
  • Presidents of the United States From the Internet Public Library
  • Democracy in America How much power does Tocqueville believe the U.S. President has, and why?

    II. Historical Development and Executive Prerogative

  • Locke on Executive Prerogative What is the executive power? What is executive prerogative? What are the precise limits on executive prerogative?
  • Blackstone on Executive Prerogative What is executive prerogative? What are the precise limits on executive prerogative?
  • Articles of Confederation" What is the nature of the executive created by the Articles of Confederation?
  • Madison's notes of the Federal Convention What are the alternatives for how many persons should constitute the executive, and what are the arguments for each alternative?
  • U.S. ConstitutionCarefully read Article II, especially in comparison with Articles I and III. How does the grant of power to the President in Article II differ from the grants of power to the Congress in Article I or to the Courts in Article III?
  • An Old Whig, No. 5 What are An Old Whig's objections to the Presidency?
  • George Clinton, Cato No. 4 What are Cato's objections to the Presidency?
  • George Clinton, Cato No. 5 What are Cato's further objections to the Presidency?
  • Federal Farmer What are the Federal Farmer's objections to the Presidency?
  • Hamilton, Federalist 69 How does Hamilton counter anti-federalist arguments that the Presidency is like a monarchy? What does Hamilton say about executive prerogative?
  • Hamilton, Federalist 70 How does Hamilton defend a unitary executive? What does Hamilton say about executive prerogative?
  • Hamilton, Federalist 72 How does Hamilton defend four-year terms with re-eligibility? What does Hamilton say about executive prerogative?
  • Presidential Views of Presidential Power What are the two opposite views of Presidential Power? How do this involve the issue of executive prerogative?
  • Youngstown Sheet and Tube Co. v. Sawyer What did the President try to do, and why? What legal authority did the President assert to do this? What does the Court say about those arguments? What rule of guidance does Justice Jackson offer? Why should the President not be given such authority?

    III. Foreign Policy and Warmaking

  • Blackson on Executive Foreign Policy What are the foreign policy powers of the King? What limits are there?
  • Federalist 75 What does Hamilton say are the foreign policy powers of the President?
  • Pacificus What does Hamilton now say are the foreign policy powers of the President?
  • Helvidius What does Madison say are the foreign policy powers of the President?
  • Story on Executive Foreign Policy What are the foreign policy powers of the President?
  • U.S. v. Curtiss-Wright Export Corp. What are the attributes of external soveriengty, and what gives these attributes to the U.S.? What discretion does the U.S. President have in exercising the external sovereignty of the U.S., and why?
  • Federalist 74
  • Ex parte MilliganWhy did Milligan's trial by military tribunal violate the Constitution? Under what circumstances can martial law be legally imposed? Why can't the President (or some military official) simply impose martial law whenever they feel it is necessary?
  • Korematsu v. U.S. (1943) Who brought the lawsuit and why? What justification did the military (i.e. the executive branch) offer for putting Japanese-Americans in "relocation centers"? Why didn't this violate the Equal Protection Clause of the 14th Amendment? Why not make the executive demonstrate individualized suspicion or guilt? Why do you think this same "solution" was not used against German-Americans and Italian-Americans?
  • The Prize Cases When may the President use military force without a Congressional declaration of war? When is a "rebellion" or "insurrection" also a "war"?
  • War Powers ActThe text of the War Powers Act--Pay closest attention to Section 5(b).

    IV. The Public and Media

    V. Relations with Congress

    VI. Relations with the Bureaucracy

    VII. Relations with the Courts

    VIII. Evaluating Presidential Leadership and Power

    • Course-Relevant Websites
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  • Findlaw Guide to the First Amendment Analysis of First Amendment law with annotated cases--an EXCELLENT resource!
  • Findlaw Guide to the Fourteenth Amendment Analysis of Fourteenth Amendment law with annotated cases--scroll down a ways on the page to reach equal protection and substantive due process. <