When crisis engulfs the nation, how should the federal government—especially the president—respond? Of course, when crisis strikes, the best response is for everyone—government and citizens alike—to have prepared in advance. But when “unknown knowns” suddenly appear and shake our sense of normalcy, we look to the President and his Administration to respond. This seminar will examine several case studies throughout American history to better understand presidential crisis management.

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Adam White discusses the proper constitutional role of government in the COVID-19 response

Faculty

Adam J. White

Adam J. White is a senior fellow at the American Enterprise Institute, where he focuses on American constitutionalism. Concurrently, he codirects the C. Boyden Gray Center for the Study of the Administrative State at the Antonin Scalia Law School at George Mason University.

Adam J. White

Adam J. White is a senior fellow at the American Enterprise Institute, where he focuses on American constitutionalism, the Supreme Court, and the administrative state. Concurrently, he codirects the C. Boyden Gray Center for the Study of the Administrative State at the Antonin Scalia Law School at George Mason University.

Mr. White previously practiced constitutional and administrative law, particularly in the regulation of energy and the environment, finance, and telecommunications. He was a research fellow for Stanford University’s Hoover Institution and an adjunct fellow for the Manhattan Institute. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.

The author of a wide range of essays, book reviews, law review articles, and book chapters, Mr. White has appeared in publications such as The Wall Street Journal, National Affairs, Commentary, The Harvard Journal of Law & Public Policy, and the Notre Dame Law Review. He is a regular contributor to the Yale Journal on Regulation’s “Notice and Comment” blog, and for many years he was one of The Weekly Standard’s primary writers on constitutional law and the Supreme Court.

Mr. White has testified before a variety of US House and US Senate committees, including the Senate Judiciary Committee; the House Judiciary Subcommittee on Regulatory Reform, Commercial, and Antitrust Law (currently known as the Subcommittee on Antitrust, Commercial, and Administrative Law); the Senate Commerce Committee; and the House Financial Services Subcommittee on Oversight and Investigations.

In 2017 he was appointed to serve on the Administrative Conference of the United States. He also serves on the boards of two nonprofit organizations: Speech First and the Land Conservation Assistance Network.

He has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.

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Preview the Syllabus by Week/Session

Readings:

 

Discussion Questions:

  1. What did the Founders consider the greatest defects of the national and state governments under the Articles of Confederation? Why?
  2. Why were they so alarmed by Shays’ Rebellion and other uprisings in 1786–87? Weren’t the uprisings examples of democracy in action?
  3. What dire predictions did Publius make about the nation’s future if the Articles were not abandoned?
  4. What was at stake for the world if the U.S. failed so early in its existence?
  5. What were the weaknesses in the Articles regarding the role of the President?
  6. How did the original crises surrounding the creation of the Constitution shape the Founders’ understanding of executive power?
  7. What relationship does Federalist 70 & 76 anticipate between a President and members of his Administration?

Readings:

 

Discussion Questions:

  1. Describe the crisis facing Lincoln when he took office in March 1861.
  2. What possible courses of action could Lincoln take in response to secession? How did Buchanan respond? What was the advice of the Committee of Thirteen? The Committee of Thirty-Three? Was there a peaceful way to avert disunion?
  3. How did Lincoln respond to this initial crisis? What were his chief aims? What constraints did he face?
  4. According to Lincoln, his duty under the Constitution is “that the laws of the Union be faithfully executed in all the States.” What, in practice, did this mean for secession?
  5. What actions were available to Lincoln during the bombardment of Fort Sumter? What action did he ultimately take?
  6. Why did Lincoln suspend the writ of habeas corpus? What authority does he claim to act on? Was he right to do so?

Readings:

 

Discussion Questions:

  1. Describe the situation of the Bush Administration in the months preceding the 9/11 attacks. What initiatives and challenges were they focused on? What warnings did President Bush receive prior to the 9/11 attacks?
  2. What actions did the President and his Administration take in response to warnings from the intelligence community? How did it delegate responsibilities for countering terrorist attacks?
  3. What failures did the 9/11 Commission identify in the US response to the threats? In your view, what was the biggest failure?
  4. Could the 9/11 plot have been disrupted? If so, how?
  5. Describe the Bush Administration’s response to the attacks—both the immediate response and “Phase Two”.  What were the main goals? What constraints did they face? What alternative courses of action were available to them?

Readings:

 

Discussion Questions:

  1. Why did the government underestimate the threat the 1918 influenza posed?
  2. How did the government balance the twin crises of war and public health?
  3. Given the demands of war and the state of medical science at the time, was there more the government could have done to fight the pandemic?
  4. How did the experiences of the 1918 pandemic and the 9/11 attacks affect the response to the 2009 influenza outbreak?
  5. What is the federal and state government’s proper role in health matters? Where would you have stood on the question of vaccination if you were in the government during the 2009 influenza?

Readings:

 

Discussion Questions:

  1. How much deference should elected officials show subject-matter experts?
  2. What is the role of the federal and state governments in a public health crisis?
  3. How effective is the US constitutional form of government in responding to a crisis? What are its strengths and weaknesses?

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Biography Image

Adam J. White

Adam J. White is a senior fellow at the American Enterprise Institute, where he focuses on American constitutionalism. Concurrently, he codirects the C. Boyden Gray Center for the Study of the Administrative State at the Antonin Scalia Law School at George Mason University.