A conversation about presidential power over war and foreign policy coincides with the one-year anniversary of Russia’s invasion of Ukraine, Feb. 24th. A veteran of four administrations’ foreign policy teams, Yale Law professor Harold Koh, and Fordham Law colleagues Martin Flaherty and Tom Lee connect both topics: the Russian invasion, the history of presidential power, and the overlapping questions of national security and the risks to democracy from the outside – and from within the Oval Office. Link here to Apple Podcasts.
Harold Koh is a visiting professor at Fordham this spring, and Sterling Professor of International Law and former Dean at Yale Law School. He has served under four US presidents: in the Reagan DOJ, the Clinton State Department, the Obama State Department, and recently as Senior Advisor to the Biden State Department. He is author of the book “The National Security Constitution,” and discusses his update to the book, “The 21st Century National Security Constitution” (forthcoming 2023).
Tom Lee is Leitner Family Professor of International Law at Fordham. Tom has a forthcoming book, “Justifying War,” and he also has extensive experience in the U.S. military in intelligence and in the Defense Department as special counsel.
Marty Flaherty is Leitner Family Professor of Law and Founding Co-Director of the Leitner Center for International Law and Justice at Fordham Law School. He is the author of the Restoring the Global Judiciary: Why the Supreme Court Should Rule in Foreign Affairs, and he is also a leading expert on the history of the presidency, especially at the Founding.
Author: Jed Shugerman
Jed Handelsman Shugerman is a Professor at Fordham Law School. He received his B.A., J.D., and Ph.D. (History) from Yale. His book, The People’s Courts (Harvard 2012), traces the rise of judicial elections, judicial review, and the influence of money and parties in American courts. It is based on his dissertation that won the 2009 ASLH’s Cromwell Prize. He is co-author of amicus briefs on the history of presidential power, the Emoluments Clauses, the Appointments Clause, the First Amendment rights of elected judges, and the due process problems of elected judges in death penalty cases.
He is currently working on two books on the history of executive power and prosecution in America. The first is tentatively titled “A Faithful President: The Founders v. the Unitary Executive,” questioning the textual and historical evidence for the theory of unchecked and unbalanced presidential power. This book draws on his articles “Vesting” (Stanford Law Review forthcoming 2022), “Removal of Context” (Yale Journal of Law & the Humanities 2022), a co-authored “Faithful Execution and Article II” (Harvard Law Review 2019 with Andrew Kent and Ethan Leib), “The Indecisions of 1789” (forthcoming Penn. Law Review), and “The Creation of the Department of Justice,” (Stanford Law Review 2014). The second book project is “The Rise of the Prosecutor Politicians: Race, War, and Mass Incarceration,” focusing on California Governor Earl Warren, his presidential running mate Thomas Dewey, the Kennedys, World War II and the Cold War, the war on crime, the growth of prosecutorial power, and its emergence as a stepping stone to electoral power for ambitious politicians in the mid-twentieth century.
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