Cover: The Constitution’s Text in Foreign Affairs, from Harvard University PressCover: The Constitution’s Text in Foreign Affairs in HARDCOVER

The Constitution’s Text in Foreign Affairs

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$96.00 • £76.95 • €86.50

ISBN 9780674024908

Publication Date: 06/01/2007


504 pages

6-3/8 x 9-1/4 inches


  • Acknowledgments
  • Introduction: A Textual Theory of Foreign Affairs Law
  • I. Sources of National Power
    • 1. Do Foreign Affairs Powers Come from the Constitution? Curtiss-Wright and the Myth of Inherent Powers
    • 2. Foreign Affairs and the Articles of Confederation: The Constitution in Context
  • II. Presidential Power in Foreign Affairs
    • 3. The Steel Seizure Case and the Executive Power over Foreign Affairs
    • 4. Executive Foreign Affairs Power and the Washington Administration
    • 5. Steel Seizure Revisited: The Limits of Executive Power
    • 6. Executive Power and Its Critics
  • III. Shared Powers of the Senate
    • 7. The Executive Senate: Treaties and Appointments
    • 8. Goldwater v. Carter: Do Treaties Bind the President?
    • 9. The Non-Treaty Power: Executive Agreements and United States v. Belmont
  • IV. Congress’s Foreign Affairs Powers
    • 10. Legislative Power in Foreign Affairs: Why NAFTA Is (Sort of) Unconstitutional
    • 11. The Meanings of Declaring War
    • 12. Beyond Declaring War: War Powers of Congress and the President
  • V. States and Foreign Affairs
    • 13. Can States Have Foreign Policies? Zschernig v. Miller and the Limits of Framers’ Intent
    • 14. States versus the President: The Holocaust Insurance Case
    • 15. Missouri v. Holland and the Seventeenth Amendment
  • VI. Courts and Foreign Affairs
    • 16. Judging Foreign Affairs: Goldwater v. Carter Revisited
    • 17. The Paquete Habana: Is International Law Part of Our Law?
    • 18. Courts and Presidents in Foreign Affairs
  • Conclusion: Text as Law in Foreign Affairs
  • Notes
  • Index

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