Foreign Affairs and the Constitution
Spiegel, J. (PI)
This course will cover the constitutional and statutory doctrines at the core of U.S. foreign affairs. Topics will include the distribution of foreign affairs powers among the three branches of the federal government; cooperative and uncooperative federalism; the scope of the treaty power and the role of the Senate; the power of the President to make executive agreements and their status as law in the United States; domestic laws that govern the use of armed force by the United States; and the application of the Constitution outside of U.S. territory and to non-citizens. The course will also consider the special role of the courts in applying international law and in developing doctrines such as the "Act-of-State" and political question doctrines. Current debates in foreign relations law, such as targeted killing abroad, electronic surveillance, and covert action, may be included. Special instructions: Students may write a paper in lieu of the final exam for Research credit. After the term begins, students accepted into the course can transfer from section 01 (exam) into section 02 (paper) which meets the R requirement, with consent of the instructor. Elements used in grading: Attendance, class participation, final exam or final research paper. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available at https://law.stanford.edu/education/courses/consent-of-instructor-forms/. See Consent Application Form for instructions and submission deadline.
Law Honors/Pass/Restrd Cr/Fail