Foreign Relations Law

This course introduces the tripartite framework of constitutional, statutory, and international law that both authorizes and constrains the conduct of U.S. foreign affairs. After studying how the framing generation allocated foreign affairs power between and among the federal branches and the states, we will focus on discrete topics of contemporary relevance or interest. Topics vary at the margins from year to year but generally include (1) the role, powers, and limits of the judiciary in foreign affairs; (2) presidential and congressional foreign affairs powers—and the dynamics of cooperation, acquiescence, and conflict between the political branches; (3) how U.S. national law incorporates international law insofar as it does; (4) whether and how constitutional rights apply to persons outside U.S. territory or jurisdiction; (5) war powers; (6) the detention, interrogation, and trial of unprivileged belligerents (e.g., criminal gangs, terrorist networks, rebel forces, etc.); (7) sanctions; and (8) civil rights and liberties in war. We may have the time to cover other topics. Current events will be woven into the curriculum periodically. There will be an in-person final exam.