JURI 4425: Foreign Affairs and the Constitution
Professor Bodansky, Fall 2003 University of Georgia School of Law

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Revised: October 24, 2003

SYLLABUS

Meeting Time
Tuesday 2:30-4:20
Rusk Hall, Sanders Board Room

Contact information
Office: Rusk 206/209
Telephone:  542-7052
Email:

Overview

This course will examine the legal norms that govern the conduct of U.S. foreign relations, focusing in particular on constitutional issues.  Important general issues include the distribution of powers between Congress and the President and between the federal government and the states, the role of the judiciary, and the status of international law in U.S. courts.   

9/11, the "war against terrorism," and the recent invasion of Iraq have combined to give special prominence to foreign relations law.  Some of the issues we will discuss include the following:  

• Can the President declare a "war" against terrorism?
• Does he need Congressional authorization to initiate hostilities against Iraq?
• Can he do so without UN Security Council authorization?
• Can the President order the killing of suspected terrorists in other countries?
• Can U.S. citizens who are designated "illegal combatants" be tried by military tribunals?  Do they have a constitutional right to legal counsel?

As appropriate, we will discuss new issues arising from the war against terrorism during the course of the semester.

Prerequisites

The only prerequisite for this course is Constitutional Law I.  A course in international law is not required.  However, those without a background in international law should, early in the semester, read one of the following materials:
• Peter Malanzuk, Akehurst's Modern Introduction to International Law (7th ed. 1997), chs. 1, 3
• Mark Janis, An Introduction to International Law (3rd ed. 1999), pp. 1-79    

Books and Other Materials

Required:

Casebook: Curtis Bradley and Jack Goldsmith, Foreign Relations Law: Cases and Materials (Aspen 2003)              

Other

It is not necessary to read any materials other than the casebook.  However, if you are interested in a particular topic and would like to do further reading, good reference works include:
• Louis Henkin, Foreign Affairs and the Constitution (2d ed. 1996)
• Phillip Trimble, International Law: United States Foreign Relations Law (2002)
• Restatement (Third) of the Foreign Relations Law of the United States

Exam

There will be a 3-hour open book final exam.  "Open book" means that you may consult the assigned readings, class handouts, and your notes.  You may not consult other books, nutshells, etc.  

Office Hours

My office is in Rusk Hall, Room 206/209.  Office hours will be Monday and Thursday afternoons, 3:30-4:30.  If those times don't work for you, please let me know and we can schedule another time.  It's difficult for me to hear someone knocking on my office door, so if there's no answer, please come on in.  Also, feel free to contact me by email with questions or comments.

CLASS SCHEDULE / READING LIST