The President and Congress: Constitutional Principles and Practices That Have Shaped Our Understanding of the War Powers
The seminar will explore the separation of powers as it applies to the allocation of responsibility between Congress and the president concerning national security and foreign policy powers. Presidents and legislators have been warring over the question since the earliest days of the republic. The nation's political experience suggests that there are sound arguments to be made on both sides. It also suggests that the issues are unlikely to be finally resolved anytime soon. As participants in this seminar shall see, the debate between President Bush and Congress concerning the war in Iraq is but a modern re-setting of an argument that prompted a spirited exchange on the war powers between James Madison and Alexander Hamilton in 1793. Indeed, it may be argued that there is very little to this debate that was not more or less fully anticipated by those two worthies four years after the Constitution was ratified. Through a series of focused historical readings, the seminar will begin by examining the foundations of the Framers' thought and some of the controversies that exhibit the founding principles at work during the early days of the Republic. Participants will go on from there to examine selected executive-congressional debates as they arose during later military conflicts, especially the Civil War, World War II, the Vietnam War, and the current conflict in the Mideast. The seminar will meet formally for three 90-minute sessions on four days of each week. Each of these sessions will be devoted to a particular set of readings and each of the participants will have a one-on-one session with Professor Uhlmann to discuss the best ways in which the lessons of the seminar might be converted to his or her particular classroom environment. Because the seminar takes place in Washington and devotes a great deal of time to the Founders' thoughts, it would be remiss if it did not take advantage of the knowledge of Pamela Scott, a noted Washington architectural historian, who will share ways in which the art and architecture of Washington reflects the principles of the American regime. The greater part of one day during each week, she will lead specially arranged tours, including Mount Vernon.