Episode 8 of the University of Miami School of Law's Constitutional Crisis Seminar features Professor Zachary Price, one the leading U.S. authorities on the subject of impoundments and other fiscal control strategies.
Zachary Price holds the Eucalyptus Foundation Endowed Chair at UC Law in San Francisco. His work ranges from constitutional law and administrative law to criminal and civil law enforcement. His recent scholarly work focuses on constitutional questions generated by current political polarization. Professor Price’s book "Constitutional Symmetry: Judging in a Divided Republic" was published in 2024.
His scholarly articles have been published in the Stanford Law Review Online, the Georgetown Law Journal Online, the Georgia Law Review, the Texas Law Review, twice in the Vanderbilt Law Review, and in the New York University Law Review Online.
Professor Price has contributed to the Wall Street Journal, Washington Post, Scotusblog, Notice and Comment, Administrative and Regulatory News, Law and Liberty, Balkinization, the Supreme Court of California Blog, the State and Local Government Blog, and the Take Care Blog.
In fall 2023, Professor Price was the Bruce Bromley Visiting Professor of Law at Harvard Law School. He has also held a fellowship at the Stanford Constitutional Law Center. Before entering teaching Prof. Price served for three years as an attorney in the U.S. Justice Department’s Office of Legal Counsel.
He has also worked as a litigator in private practice and clerked for Judge Catherine C. Blake of the U.S. District Court for the District of Maryland, Judge David S. Tatel of the U.S. Court of Appeals for the District of Columbia Circuit, and Justice Anthony M. Kennedy of the U.S. Supreme Court.
Professor Price graduated from Harvard Law School magna cum laude and from Stanford University with honors and distinction. Between college and law school, he studied philosophy as a Fulbright Scholar at the University of Copenhagen and worked for a Member of Congress.
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Episode 8 of the University of Miami School of Law's Constitutional Crisis Seminar features Professor Zachary Price, one the leading U.S. authorities on the subject of impoundments and other fiscal control strategies.
Zachary Price holds the Eucalyptus Foundation Endowed Chair at UC Law in San Francisco. His work ranges from constitutional law and administrative law to criminal and civil law enforcement. His recent scholarly work focuses on constitutional questions generated by current political polarization. Professor Price’s book "Constitutional Symmetry: Judging in a Divided Republic" was published in 2024.
His scholarly articles have been published in the Stanford Law Review Online, the Georgetown Law Journal Online, the Georgia Law Review, the Texas Law Review, twice in the Vanderbilt Law Review, and in the New York University Law Review Online.
Professor Price has contributed to the Wall Street Journal, Washington Post, Scotusblog, Notice and Comment, Administrative and Regulatory News, Law and Liberty, Balkinization, the Supreme Court of California Blog, the State and Local Government Blog, and the Take Care Blog.
In fall 2023, Professor Price was the Bruce Bromley Visiting Professor of Law at Harvard Law School. He has also held a fellowship at the Stanford Constitutional Law Center. Before entering teaching Prof. Price served for three years as an attorney in the U.S. Justice Department’s Office of Legal Counsel.
He has also worked as a litigator in private practice and clerked for Judge Catherine C. Blake of the U.S. District Court for the District of Maryland, Judge David S. Tatel of the U.S. Court of Appeals for the District of Columbia Circuit, and Justice Anthony M. Kennedy of the U.S. Supreme Court.
Professor Price graduated from Harvard Law School magna cum laude and from Stanford University with honors and distinction. Between college and law school, he studied philosophy as a Fulbright Scholar at the University of Copenhagen and worked for a Member of Congress.
“Assertions of Emergency Power” - Professor Harold Hongju Koh
University of Miami School of Law: Explainer
1 hour 39 minutes 24 seconds
6 days ago
“Assertions of Emergency Power” - Professor Harold Hongju Koh
Episode 5 of the University of Miami School of Law's Constitutional Crisis Seminar features Harold Hongju Koh, Sterling Professor of International Law at Yale Law School. Professor Koh graduated summa cum laude from Harvard, with a major in Government. He studied at Oxford on a Marshall Scholarship, then went back to Harvard for his J.D. Next, he clerked on the D.C. Circuit for Judge Malcolm Richard Wilkey and for Supreme Court justice Harry A. Blackmun, then worked Covington & Burling and for the Department of Justice. Professor Koh has spent much of his career teaching at Yale Law, starting in 1985. Eventually his colleagues made him the Dean of Yale Law School. Among his notable achievements there was leading a group of students in the Human Rights Clinic in litigation against the US government’s detainment of Hattian refugees in Guantanamo. His team won the case 8-1 in the Supreme Court, Haitian Centers Council v. Sale, and the detainees were released in 1993. Professor Koh’s talk concerns administration assertions of emergency power, with particular reference to invocations of the Alien Enemies Act. Professor Koh has chosen to teach Socratically, so (with our students’ permission) we are making the entire two-hour session available publicly. Professor Koh framed his introduction around the thesis of his most recent book, The National Security Constitution (Yale Press 2024). Although that book ended with the Iran-Contra affair, the issues raised then are very similar to what we see now: The fundamental problem is the erroneous belief that the President has all the authority, or illimitable authority, over foreign affairs. Administrations tend to assert, based on United States v. Curtiss-Wright Export Corp, 399 U.S. 304 (1936), that the president is the sole master of the foreign affairs power. But the correct approach is the tri-partite framework Justice Jackson put forward only 16 years later in his concurrence to Youngstown Sheet and Tube Co v Sawyer, 343 U.S. 579 (1952). (That case too involved foreign affairs, as President Truman sought to seize steel mills to support the war effort in Korea.) Justice Jackson distinguished between matters where the President acts with Congress, and his authority is at a maximum; if Congress is silent then the President has only whatever inherent powers are relevant; but if Congress has spoken contrary to the President’s actions, then “his power is at its lowest ebb”.) By the 1980s, the “perversion” of foreign policy showed that there was a major problem with executive overreach. This despite Congressional attempts after the Vietnam War to reign in the President via statutes such as the War Powers Act and the International Emergency Powers Act (IEEPA). IEEPA and some other statutes create special Presidential powers in emergencies. But for Trump suddenly everything is an emergency. Congress has not reacted. Yes, it takes a majority to act, but what’s interesting is that they are not even trying; instead, they hide from angry voters at home and cancel town meetings. Gone are the days when leaders in Congress told Presidents things they did not want to hear. The Courts too are not checking the President, but rather rubber-stamping the executive. After some more detailed analysis of why current claims of emergency are unfounded, Professor Koh ended on a somewhat optimistic note. Yes, we do have a constitutional crisis, as we are going to be deciding whether President Trump can nullify the rule of law for his own benefit. But it’s not over for the Supreme Court – this is the decisive year, and there some reasons to hope that there might be six votes to re-right the balance. The critical vote, Professor Koh suggested, is Chief Justice John Roberts. What the Court does this year likely will determine his place in history, and it’s unlikely he wants to join Chief Justice Rober B. Taney, whose legacy is defined by the Dred Scott decision.
University of Miami School of Law: Explainer
Episode 8 of the University of Miami School of Law's Constitutional Crisis Seminar features Professor Zachary Price, one the leading U.S. authorities on the subject of impoundments and other fiscal control strategies.
Zachary Price holds the Eucalyptus Foundation Endowed Chair at UC Law in San Francisco. His work ranges from constitutional law and administrative law to criminal and civil law enforcement. His recent scholarly work focuses on constitutional questions generated by current political polarization. Professor Price’s book "Constitutional Symmetry: Judging in a Divided Republic" was published in 2024.
His scholarly articles have been published in the Stanford Law Review Online, the Georgetown Law Journal Online, the Georgia Law Review, the Texas Law Review, twice in the Vanderbilt Law Review, and in the New York University Law Review Online.
Professor Price has contributed to the Wall Street Journal, Washington Post, Scotusblog, Notice and Comment, Administrative and Regulatory News, Law and Liberty, Balkinization, the Supreme Court of California Blog, the State and Local Government Blog, and the Take Care Blog.
In fall 2023, Professor Price was the Bruce Bromley Visiting Professor of Law at Harvard Law School. He has also held a fellowship at the Stanford Constitutional Law Center. Before entering teaching Prof. Price served for three years as an attorney in the U.S. Justice Department’s Office of Legal Counsel.
He has also worked as a litigator in private practice and clerked for Judge Catherine C. Blake of the U.S. District Court for the District of Maryland, Judge David S. Tatel of the U.S. Court of Appeals for the District of Columbia Circuit, and Justice Anthony M. Kennedy of the U.S. Supreme Court.
Professor Price graduated from Harvard Law School magna cum laude and from Stanford University with honors and distinction. Between college and law school, he studied philosophy as a Fulbright Scholar at the University of Copenhagen and worked for a Member of Congress.
