The American Presidency
Spring, 2021

I. The Presidency in the Constitution
--Theories of Presidential power
--The Establishing the Presidency
--The Articles of Confederation
--The Constitutional Convention
--The Cabinet
--The Formative Years: Washington, Adams, and the Virginia dynasty

II. Electing and Removing the President
--The Electoral College
--The Framers’ world meets “democracy”
--The experience with the College
--The impeachment power
--The President as party leader

 III. The President as Commander in Chief
--Civilian supremacy
--The President and the military bureaucracy
--The President and the military-industrial complex
--Presidential power in a nuclear age

IV. The President and Congress
--The President and the legislative process
--The President and the budgetary process
--The veto power and “signing statements”
--The Presidential duty and power to execute the laws
–The President and the congressional electoral process

V. The Growth of Presidential Power
--Congress’ problems
The federal civil service
-The delegation of legislative power by Congress
--Executive Orders

VI. The Future of the Presidency
--Institutional norms surrounding the office of the Presidential
--Can the Presidency survive Trump
--Assessing and repairing the damage
--A review of reform proposals
--The future of the Presidency


N.B.: Additional resources on the Internet can be found on the webpage for a course on the Presidency
which I offered in 2017.

The Federal Register Prepares for Electoral College Duties

The Founders Online -from the National Archives

The American Presidency Project -from the University of California at Santa

The American Presidency: A Glorious Burden -from the Smithsonian Institution

Federalist Paper Number 65 (Hamilton) -on impeachment

The Federalist Papers -On the Executive (Numbers 61-70)

The Federalist Papers -On the Executive (Numbers 71-77)

Signing Statements” -from the Library of Congress

The Role of the General Services Administration in Presidential Transitions

The Presidency” -from the University of Virginia Miller Center

Presidential Libraries -from the National Archivess

Ranked-Choice Voting in the United States

Ray v. Blair (1952) -State can require presidential elector to pledge to support the national party candidates

Chiafalo v. Washington (2020) -State can penalize “faithless elector”

Youngstown Sheet & Tube v. Sawyer (1952) -The Steel Seizure Case

Amending the Electoral College: the 12th Amendment -from the National Archives

The Electoral College -from the National Association of State Legislatures

The Electoral College - from Justia

Legal Provisions Relating to the Electoral College -from the National Archives

U. S. Presidents
-from the University of Virginia Miller Center

“Executive Power” -from the Cornell Legal Information Institute

Trump's Attorney's Answer to the House Impeachment Article

The Impeachment of Donald Trump, 2021 -from

House of Representatives Trial Memorandum in Impeachment of Donald Trump

Trump Attorneys' Trial Memorandum in Impeachment of Donald Trump

Jared P. Cole and Todd Garvey, "The Impeachment and Trial of a Former President --from the
Congressional Research Service (January 15, 2021)

Michael Gerson, "Trumpism is American Fascism" -from The Washington Post, February 1, 2021

Michael W. McConnell, "Trump's Impeachment: How the House Could Have Made Republins
-from The New York Times, February 13, 2021

"Impeachment" -from the U.S. Senate

Mitch McConnell, "Acquittal Vindicated the Constitution, Not Trump" -from The Wall Street Journal,
February 15, 2021

"Executive Power: Theory of the Presidential Office" -from the Annotated Constitution

National Popular Vote -from

"The Electoral College" -from Wikipedia

Electoral College -from (A very comprehensive treatment.)

"Past Attempts at Reform of the Electoral College" -from

The Annotated Constitution -from the Cornell Legal Information Innstitute
Article II Annotated

William Cummings, Joey Garrison and Jim Sergent, "By the Numbers:
 President Donald Trump's Failed Efforts to Overturn the Election"
 -from USA Today, January 6, 2021

Josh Dawsey and Michael Scherer, "'It's Doald Trump's Party': How the
Former President Is Building a Political Operation to Cement His Hold on the GOP"
-from The Washington Post, February 27, 2021

Donald J. Trump Speeches

Donald J. Trump's January 6, 2021 "Save America Speech" 

Donald J. Trump's January 6, 2021 Speech -from CNN

Donald J. Trump, "Speech at CPAC Meeting, Orlando, FL, February 28, 2021" -from
Other speeches of interest are also featured.

Nikita Khrushchev, "Secret speech, “On the Cult of Personality and its
 Consequences,” delivered at the Twentieth Party Congress of the Communist
 Party of the Soviet Union – February 25, 1956
-Click on "Download" to see
the entire speech.

Mike Pence, "Election Integrity Is a National Imperative" -from,
March 3, 2021

Amy B.Want, "Trump Sends Cease-and-Desist Letter to GOP Organizations to Stop Fundraising Off His
-from The Washington Post, March 6, 2021

Historical Comparison - Bills ad Resolutions -from (1973-2021)

Jonathan Rauch, "The Five Trump Amendments to the Constitution" -from The Atlantic, February 22, 2021
[Found here in]

Jane Mayer, "Can Cyrus Vance, Jr., Nail Trump?" -from The New Yorker, March 12, 2021

Michael Krasny, "How to Reform the Presidency After Trump" -from

The Narue and Scope of Presidential Power -from the Cornell Legal Information Institute

Elaine McArdle, "Reforming the Presidency" -a review of Jack Goldsmith and Bob Bauer, After Trump -from
the Harvard Law Bulletin, Fall, 2020

Oona A. Hathaway, Curtis A Brdley, and Jack L. Goldsmith, "The Failed Transparency Regime for Executive
Agreements: an Empirical and Normative Analysis"
  -from the Harvard Law Review, December, 2020

"Post-election Lawsuits Related to the 2020 Presidential Election" -from