Foreign Relations Law

This course examines the law governing the conduct of U.S. foreign relations. The Constitution sets out the basic framework for foreign relations law, but it leaves much unsaid and at least as much subject to interbranch contests for power. Topics will include the allocation of powers between the executive, legislature, and judiciary; the political question doctrine, presumption against extraterritoriality, and other doctrines governing judicial review of foreign relations-related issues; the role of federalism in foreign relations; the scope of the treaty power and executive agreements; and the power to declare war and control the use of force.