Boston University School of Law

JD917 Constitution & Foreign Affairs (S)

JD 917 ( A1)  T 2:10 PM-4:10 PM 
3 cr., Spring 
Professor Lahav 
No Class Website

This seminar will examine how the constitution is implicated in foreign affairs. We shall begin by reviewing the main theories of foreign affairs. Then and throughout the course we shall attempt to understand how these theories are manifested in American constitutional law. We shall ask how the constitution of the United States structures the national decision making process concerning foreign policy, and place special emphasis on matters of war and peace. The respective powers of the executive and legislative branches, the power of the senate vs. the president and the Senate vs. the House of Representatives will be examined. We shall emphasize judicial opinions, but also look at other materials. Issues to be included: the power of the president to recognize and structure relations with other countries such as China; the power of Congress to regulate passports and its relation to the power of recognition and the treaty power. ENROLLMENT LIMIT: 18 students. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.**