The constitution's text in foreign affairs / Michael D. Ramsey.

Format:

Book

Author/Creator:

Ramsey, Michael D., 1964-

Language:

English

Subjects (All):

United States--Foreign relations--Law and legislation.

United States.

International relations.

Constitutional law--United States.

Constitutional law.

Separation of powers--United States.

Separation of powers.

Constitutional history--United States.

Constitutional history.

Physical Description:

ix, 492 pages ; 25 cm

Place of Publication:

Cambridge, Mass. : Harvard University Press, 2007.

Summary:

"How the United States conducts diplomacy, makes international agreements, follows or fails to follow those agreements, and exerts its military and economic power are questions governed in the first instance by the U.S. Constitution. We expect the Constitution to tell us which branch of the federal government- President, Congress, President-plus-Senate-is the appropriate decisionmaker on these matters; to tell us the relationship between the federal government and the states; and to provide a role for the courts. The war against terrorism, expanding economic integration, and the accelerating pace of global events make these timeless questions all the more acute and immediate.... "This book argues that we have too quickly given up on the Constitution's text. The following chapters attempt to outline a textual framework for the constitutional law of foreign affairs. The central contention is that through close attention to the Constitution's language and the historical and linguistic context in which it was written, we can uncover the text's basic foreign affairs structure as it was designed and understood in the founding era."

Contents:

Do foreign affairs powers come from the constitution? : Curtiss-Wright and the myth of inherent powers

Foreign affairs and the Articles of Confederation : the constitution in context

The Steel seizure case and the executive power over foreign affairs

Executive foreign affairs power and the Washington administration

Steel seizure revisited : the limits of executive power

Executive power and its critics

The executive Senate : treaties and appointments

Goldwater v. Carter : do treaties bind the president?

The non-treaty power : executive agreements and United States v. Belmont

Legislative power in foreign affairs : why NAFTA is (sort of) unconstitutional

The meanings of declaring war

Beyond declaring war : war powers of Congress and the President

Can states have foreign policies? : Zschernig v. Miller and the limits of framers' intent

States versus the President : the Holocaust insurance case

Missouri v. Holland and the Seventeenth Amendment

Judging foreign affairs : Goldwater v. Carter revisited

The Paquete Habana : is international law part of our law?

Courts, presidents, and international law.

Notes:

Includes bibliographical references (pages 385-484) and index.

ISBN:

9780674024908

0674024907

OCLC:

77271156