Foreign affairs federalism : the myth of national exclusivity / Michael J. Glennon, Robert D. Sloane.

Format:

Book

Author/Creator:

Glennon, Michael J., 1947- author.

Sloane, Robert D., author.

Language:

English

Subjects (All):

Treaty-making power.

International relations.

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

United States.

International relations--States.

Federal government--United States.

Federal government.

Constitutional law--United States--States.

Constitutional law.

Treaty-making power--United States--States.

Physical Description:

xxiii, 404 pages ; 24 cm

Place of Publication:

New York : Oxford University Press, [2016]

Summary:

"Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad." -- Publisher's website.

Contents:

Why empower states?

States, cities, and globalization

Constitutional methodology and the role of the courts

Dormant foreign affairs preemption

The dormant foreign commerce power

The treaty power

Federal common law and state power

Federal approval: the compact clause

Federal disapproval

A case study: states as cyber-defenders - Conclusion.

Notes:

Includes bibliographical references and index.

ISBN:

9780199941490

0199941491

OCLC:

923728070