Discussion (1L): Executive Power: Theories, Origins, Critiques

Whom can the president fire? When can a president withhold congressionally approved funds? Are there any limits on the president's power to pardon? One way to respond to these questions is to look to U.S. Supreme Court cases and the doctrines they set forth. Another is to examine the theories of executive power underlying the U.S. constitutional system -- including both those articulated at the Founding and those that have subsequently evolved. This discussion seminar will combine these two approaches and investigate the conceptual frameworks underlying contemporary claims about and critiques of executive power. Elements used in grading: Full attendance, reading of assigned materials, and active participation.