Courses

We are in the midst of the most turbulent constitutional struggle in the United States since the Reconstruction era, with the presidency at its center. This course examines the constitutional foundations of presidential power, how they have evolved through war, reconstruction, and administrative expansion, and what today’s moment reveals about the balance of powers in a divided nation. We will explore the theories of originalism and the unitary executive, which attempt to justify broad presidential authority and dominate much of recent conservative thought. We’ll also bring coherence to the arguments now before the courts—ranging from tariff authority, military use in domestic law enforcement, and control of “independent agencies” to immigration, spending, and federal leverage over states, localities, and even universities. Finally, we will assess claims that the presidency is drifting toward dictatorship and consider whether the US constitutional system is equipped to prevent executive overreach.