Part One - The Structure of Government · Module 6
The Federal Executive Power, Part II: Foreign Affairs, War, and Immigration
The executive abroad: Curtiss-Wright's rhetoric, Zivotofsky's discipline, war powers, detention, and the immigration power.
Topics
Are foreign policy and domestic affairs different? Treaties and executive agreements. War powers. Detention and the war on terrorism. Presidential power over immigration. The domestic use of the militia and the armed forces.
Reading list
0 of 10 readings published · the rest are in preparation and will appear here as they are edited
- Note United States v. Curtiss-Wright Export Corp.
- Note Missouri v. Holland
- Note Dames & Moore v. Regan
- Note Zivotofsky v. Kerry
- Note Medellín v. Texas
- Note Ex parte Milligan
- Note Ex parte Quirin
- Opinion Hamdi v. Rumsfeld
- Note Boumediene v. Bush
- Opinion Trump v. Hawaii
- Current case Newsom v. Trump, No. 25-3727 (9th Cir. June 19, 2025) (per curiam) (federalization of a State's National Guard under 10 U.S.C. § 12406).
Also assigned
War Powers Resolution, 50 U.S.C. ch. 33.
How to read this list
A case named without a marker is assigned as an opinion and is to be read in its entirety. Opinion (edited) means the Professor has cut it for length; the text on this site is the assigned text. Note means the case is not assigned as an opinion at all — its holding, its facts to the extent they matter, and its place in the doctrinal line are given in a note written for this course, and you are responsible for that note exactly as you are responsible for an assigned opinion. Most modules close with a Current case, a recent decision chosen because it shows the doctrine you have just read being applied at its live edge; current cases are assigned as opinions. You are responsible for all assigned required materials, including the notes, questions, problems and commentary that accompany the cases, whether or not we discuss them in class.