Administration & Crisis - Hertog Foundation

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.

Image courtesy The White House | Flikr

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

Faculty

Adam J. White

Adam J. White is a Resident Scholar at the American Enterprise Institute, and an Assistant Professor at George Mason University’s Antonin Scalia Law School, where he also directs the Gray Center for the Study of the Administrative State at George Mason University’s Antonin Scalia Law School.

Adam J. White

Adam J. White is a Resident Scholar at the American Enterprise Institute, and an Assistant Professor at George Mason University’s Antonin Scalia Law School, where he also directs the Gray Center for the Study of the Administrative State at George Mason University’s Antonin Scalia Law School. He writes widely on the administrative state, the Supreme Court, the Constitution, and regulatory policy, with special focus on energy policy and financial regulation.

He is a Contributing Editor with National Affairs, The New Atlantis, and City Journal, and a contributor to the Yale Journal on Regulation‘s blog, “Notice and Comment.” He was recently appointed to the Administrative Conference of the United States, a federal advisory board focused on improving federal agencies’ practices. He also serves on the leadership council of the American Bar Association’s Administrative Law Section; on the executive committee of the Federalist Society’s Administrative Law Practice Group; and on the board of directors of LandCAN, a nonprofit organization dedicated to promoting conservation on working lands.

Prior to joining AEI, he was a Research Fellow at the Hoover Institution and an Adjunct Fellow at the Manhattan Institute.  In addition to his research and writing, he practiced law with Boyden Gray & Associates, writing briefs on constitutional and regulatory issues in the Supreme Court and various other federal courts. (He continues to be “of counsel” to the firm in three pending cases involving the Consumer Financial Protection Bureau and the Federal Communications Commission.) Previously, he was a Senior Associate with Baker Botts, working on various constitutional and regulatory matters, including energy infrastructure regulation.

He received his J.D. (cum laude) from Harvard Law School, and his B.B.A. (economics) from the University of Iowa College of Business. He clerked for Judge David B. Sentelle of the U.S. Court of Appeals for the D.C. Circuit.

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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 Resident Scholar at the American Enterprise Institute, and an Assistant Professor at George Mason University’s Antonin Scalia Law School, where he also directs the Gray Center for the Study of the Administrative State at George Mason University’s Antonin Scalia Law School.