Date

5-20-2026

Department

College of Arts and Sciences

Degree

Doctor of Philosophy in History (PhD)

Chair

Margaret Crosby

Keywords

history, amicus, amicus briefs, briefs, president, supreme court, courts, trump, roosevelt, clinton, bush, korematsu, aclu, presidential power, presidential immunity, immunity, nixon

Disciplines

History

Abstract

This dissertation undertakes a critical analysis of the dynamic interplay between presidential power and constitutional accountability, foregrounding the interpretive authority of the Supreme Court and the underappreciated role of amicus curiae briefs. By tracing the trajectory of amicus participation from the Reconstruction Era to modern day, this study contends that constitutional crises have recurrently compelled the Court to delineate the limits of presidential power and immunity. At pivotal junctures, amicus briefs submitted in landmark cases have exerted a profound influence on the Court’s jurisprudence, providing historical context and structural arguments that shape doctrinal understandings of presidential immunity, the separation of powers, and the constitutional rule of law. Situating these disputes within an evolving jurisprudential tradition, this dissertation asserts that the resilience of the American constitutional order depends upon the Court’s ongoing commitment to the foundational principle that no individual, including the president, is above the law.

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