Course Description: Law and the Presidency
Professor: Peter M. Shane

This seminar will focus on the law surrounding the allocation of authority to the various branches of the national government- the so-called "separation of powers"- and the system of checks and balances that results. We will give particular emphasis to the interactions of the President with Congress, and of the President with the judiciary. Our dominant theme will be the question whether, as a matter of law or good government practice, the President should be deemed to possess policymaking powers that are largely immune to direct regulation by the other branches, or whether the Constitution does and should permit courts and Congress substantial leeway in regulating the exercise of executive power. Specific case studies will include the use of independent counsel, presidential oversight of the regulatory process, and war powers. Attendance at all sessions is mandatory, and a research paper will be required. Although there is no formal prerequisite, it will be beneficial to students to have taken (or to be simultaneously enrolled in) Administrative Law.