War Powers and the Constitution
Donald P. Kommers
American government is one of limited and enumerated powers. Governmental authority at the national level is divided among the legislative, executive, and judicial branches. Under our theory of constitutionalism, the national government can exercise only those powers granted to it under the Constitution. The power to make war and peace, like the power over foreign and military affairs generally, is shared by congress and the president, but we Americans have never been able to agree on which branch has primary authority in this broad field.
The first day of the seminar focuses on the historical sources of the war power, certain historical conflicts between president and congress over the exercise of this power and the role of the Supreme Court in the resolution of these conflicts. The second day’s focus is on the furious debate currently taking place over the constitutionality of President Bush’s use of executive and military power in the fight against international terrorism. Equal time will be given to both sides of this great debate. Readings include selected Supreme Court opinions, congressional resolutions and executive orders.
It was outstanding. I’ve never been interested in history and government. But now I want to read and learn more, Being able to take a class for “fun” is a great example to my students. They need to see that learning can be enjoyable and applicable to ‘real-life.’”-- Sarah Sehorn, John Young Middle School
“The program when above and beyond my expectations.”—Tom Van Meter, Penn High School
I think you have an amazing program here. Thanks to Notre Dame, our school districts and all of the sponsors that make this possible.” -- Sarah Sehorn, John Young Middle School
What I learned was the awesome power that can be unleashed if the U.S. Congress declares war. That in order to keep that power under some control, presidential authorizations are used and used more often than not.” —Steve Flowers, LaVille Jr./Sr. High
Donald P. Kommers is the Joseph and Elizabeth Robbie Professor of Political Science and Concurrent Professor of Law at the University of Notre Dame. A member of Notre Dame's faculty since 1963, Dr. Kommers received his advanced degrees in political science from the University of Wisconsin-Madison, where he also studied law. He is a leading Anglo-American authority on German constitutional law and the author of The Constitutional Jurisprudence of the Federal Republic of Germany, the third edition of which is in preparation. He is co-author of American Constitutional Law: Cases, Essays, and Comparative Notes (2nd ed., 2004). In addition, he has authored other books along with dozens of essays and articles, in the areas of constitutional law -- American and comparative -- and German politics. In addition to numerous fellowships from several American and German foundations, he has received the Alexander von Humboldt Prize for Senior U.S. Scientists and was co-winner of the American Bar Association’s Silver Gavel Award for his contribution to a symposium on law and privacy. He received an honorary doctor of laws degree from Heidelberg University (Germany) in 1998.