Syllabus for PLAP 424: The Presidency, Civil Liberties and the War on Terror The University of Virginia Spring Semester, 2008 Prof. James S. Todd Phone: 520-299-1328 Course Description: This seminar will explore the problems posed by the use of power by the executive branch of American government in emergency situations. The list of topics below strongly reflects my belief that we can get a better perspective on contemporary problems by exploring both founders intent and historical precedent. A large part of the course will be the research papers of those of you who take it. I encourage you to pick one of the historic or contemporary topics below for your research (but feel free to propose other topics to me). Texts: Only one textbook is required for the course: "Perilous Times: Free Speech in Wartime," by Geoffrey R. Stone, I will suggest readings for each topic, however, and I expect every one of you to spend several hours in the University libraries each week preparing for the class. Research Papers: Every student will be expected to write a 15 to 20 page paper on a subject relevant to the class. Students must confer with me before settling on their topic and do so during the month of February. Topics should be related in some way to the use or abuse of executive power broadly construed and should not simply be a rehashing of material covered in detail in class. I would like each of you to produce a tentative outline of your topic, with a list of some of the sources you will use, at our last February class meeting (the 28th). You will each be expected to lead a discussion of your paper topic at one of the classes starting right after spring break. Papers are due by 3 p.m., Monday, April 28th. Grades: Grades in the class will be allotted on the following basis: class participation, 25%; term paper, 35%, and final exam, 40$. The class participation grade will be based on your involvement in and contributions to weekly class discussions (poor attendance could lower that grade) and your class presentation of your research paper. Schedule of topics: January 17: Introduction to course; discussion of possible term paper topics January 24: The Founders and the Presidency; debates at the constitutional convention; Federalist and Antifederalist writings; John Locke and prerogative power. Assignment: Consult Madison's notes on the Constitutional Convention January 31: The early presidents: Washington, Adams, and Jefferson. The Alien and Sedition Acts; Trials; Jefferson and the Barbary Coast pirates; the Louisiana purchase. Assignment: Stone, Chapter I February 7th: Lincoln and the Civil War; suspension of habeas corpus; the Emancipation Proclamation; Suppression of freedom of speech and of the press. Assignment: Stone, Chapter II February 14th: Woodrow Wilson and World War I; the Espionage Act of 1917; the wartime propaganda machine; the Red Scare; formation of the FBI; and abuses of the Department of Justice. Assignment: Stone, Chapter III February 21st: FDR and World War II; internment of Japanese Americans and others Assignment: Stone, Chapter IV U.S. v. Curtiss-Wright Export Corp. (1936) Ex Parte Quirin (1942) Korematsu v. U.S. (1944) Youngstown Sheet & Tube Co. v, Sawyer (1952) February 28th: The Truman and Eisenhower administrations and the CIA; HUAC, Joseph McCarthy and the 1950's red scare; the Smith Act Assignment: Stone, Chapter V Term Paper topics should be selected by this point and a brief preliminary outline and bibliography turned in. Johnson v. Eisentrager Youngstown Sheet & Tube Co. v. Sawyer Dennis v. U.S. [Spring break (library research period) :)] March 13th: The Imperial Presidency: Kennedy, Johnson, and Nixon, the Viet Nam War, and the protests. The Bay of Pigs; the Cuban Missile Crisis; the Gulf of Tonkin Resolutions; the War Powers Resolution Assignment: Stone, Chapter VI March 20th: Watergate and the Articles of Impeachment against Nixon Assignment: TBA March 27th and April 3rd: the Reagan administration and the reassertion of executive power; Iran-Contra; Bush I and the first Iraq war; the Clinton impeachment and claims of executive privilege Assignment: TBA April 10, 17, and 24: Bush II, 9/11, and the wars in Afghanistan and Iraq; the Patriot Act and civil liberties; enemy combatants, Guantanamo, and military tribunals; Vice President Cheney and executive privilege. Assignment: TBA April 28th: Term papers due during office hours in Cabell B024. Tuesday, May 6th: Final Examination, 9:00 to 12:00, in Cabell 320 Wednesday, MAy 7th: Make-up Exam, 9:00-12:00 in Cabell 226