January 19

News

What Parler Saw During the Attack on the Capitol

Capitol riot arrests: See who’s been charged across the U.S.

How Biden hopes to use executive actions to address America’s “compounding crises”

Inauguration Day

What can President-Elect Biden Do on Day 1? We will talk about executive orders versus APA rules.

Assignment

Read Chapter 3 to B. The Commander in Chief’s War Powers, p. 55

Not a lot of pages. Read this carefully and think about the questions in the chapter. Think back to Youngstown from Conlaw I.

(Looking ahead, we will finish Chapter 3 on Thursday, unless something exciting happens on Inauguration Day.)

January 14

News

Military Joint Chiefs statement condemning ‘sedition and insurrection’ at US Capitol

H. RES. 24 Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors.  (html)

The 2021 Bill of Impeachment – for reading aloud

MATERIALS IN SUPPORT OF H. RES. 24, IMPEACHING DONALD JOHN TRUMP, PRESIDENT OF THE UNITED STATES, FOR HIGH CRIMES AND MISDEMEANORS

Previous attacks on the Capitol

Assignment

Read the Bill of Impeachment and scan the supporting materials. Look at the suspension clause of the 14th Amendment below in the resources. Has Congress made their case for insurrection? Is impeachment subject to the same standards as a criminal trial?

Read Chapter 2. It is a short read, but it raises fundamental issues about the structure of the US government. Be prepared to discuss.

Read Parliament Over Presidents

This a brief essay on how a parliamentary government compares to a presidential government. Think about the assertion that the US had its revolution too early and got stuck with an 18th-century government in a world of 19th-century governments.

Don’t forget to log into Moodle and log your attendance at the beginning of class.

Resources

14th Amendment Section 3

No Person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

History of the application of the disqualification clause.

January 12

Read Chapter 1 in the text.

Read the news about the invasion of the capital and think about the legal issues.

Listen to Episode 190 of the National Security Law Podcast. This was recorded by two national security law experts at the University of Texas Law School on Wednesday night, 6 January 2020. One professor is conservative and the other liberal. It is an informal podcast and contains some harsh language. It captures the nearly universal shock of national security law experts across the political spectrum.

The Pennsylvania Mutiny of 1783 and the dangers of leaving the protection of Congress to the Executive

Course Information

This class will be held through Zoom on TTH, 9:50-11:20 am CST. The Zoom links are available through the Zoom activity on the Moodle page. The first day of class is 12 January 2021. The text is Dycus, Stephen, William C. Banks, Peter Raven Hansen, and Stephen I. Vladeck. National Security Law, Seventh Edition, Aspen Publishers, 2020. You MUST have the 7th Edition. It is significantly changed from the previous editions. You do not need to buy a supplement. Supplemental materials, additional course materials, and the assignments will be posted on this site.

Under the new law school attendance policy, you will need to log into Moodle during the first 15 minutes of class and record your attendance. If you are delayed, you will be able to log in as late. Occasional late attendance will not count against you, but a consistent pattern of late attendance will be a problem. Instructions for marking attendance are here: Moodle: How to use the Attendance activity (Students)

You should leave your audio muted except when you are called on. You should leave your video on, with allowances for brief personal breaks due to local disruptions at your end. We will use Poll Everywhere for polling during the class sessions. You respond through a URL and you do not need to buy a license. The in-class polls will not be graded, but participation will count toward class participation points. Class participation can raise or lower your grade by up to 0.3 points.

National Security Blogs and Podcasts

Lawfare – a key blog for national security law. (Brookings)

Secrecy News Blog – an excellent source of information about national security issues.

Just Security – Just Security is based at the Reiss Center on Law and Security at New York University School of Law.

National Security Law Podcast – required listening if you are interested in national security law. (It is also entertaining.) (Law professors from U of Texas.)

Cyberlaw Podcast – required listening if you are interested in the nexus of national security and cyberlaw. (Conservative, big law orientation, but good legal discussions. I do not endorse the host’s political views.)