We are pleased to announce that the annual ConLaw Schmooze has expanded this year to include two Schmoozes – one at the University of Maryland Law School and the other at Princeton. The Schmooze, now well into its second decade of operation, brings together law professors and political scientists working on constitutional law (with some others in the mix as well) to discuss a topic of current relevance in the field. Previous organizers of the Schmooze have built workshops around "An Eighteenth Century Constitution in a Twenty-First Century World," "Juristocracy," "The Canon of Constitutional Law," "The New First Amendment, “Post-Modern Constitutional Law," "Comparative Constitutional Law," "The Hardest Question in Constitutional Law," "The Constitution of Civil Society" and "How Empirical Should Constitutional Theory Be?" Several sets of papers prepared for earlier discussion groups meetings been published. Still, the most valuable aspects of the Schmooze workshops have been the discussions during our sessions, and the community among scholars that has been built.
Topic: Executive Power
Executive Power has been pushed into the foreground of constitutional thinking in recent years, both in the US and elsewhere, because of the extraordinary claims that executives have made in order to fight the war on terror. What are the constitutional limits on executive power? What happens to these limits in times of war, crisis and emergency? When executives overreach, what institutions may bring them back into line? Who determines whether there has been executive overreach? To what extent to claims of executives rest on explicit constitutional language, congressional delegation, judicial deference, inferences from history, or simply the exigencies of the situation? How are the claims of national executives bolstered or constrained by international law? Given the events since 9/11, it is time to rethink core ideas of executive power, both in the US constitution and in comparative perspective. The Schmooze welcomes reflections on these and related topics, both in the US and comparative perspective, both in light of 9/11 and in historical view.