The New Originalism and the Foreign Affairs Constitution
A Kent - Fordham L. Rev., 2013 - HeinOnline
Fordham L. Rev., 2013•HeinOnline
The influence of originalism in the legal academy is large and growing. And the US
Supreme Court has relied heavily on originalism in certain domestic, individual rights cases
like District of Columbia v. Heller. 1 But foreign affairs is different. In that area, originalism is,
as Ingrid Wuerth has observed," generally speaking, not the way courts or the Executive
Branch and Congress actually interpret the Constitution." 2 In fact, there are dozens of
important Supreme Court decisions on constitutional foreign affairs issues that pay little or …
Supreme Court has relied heavily on originalism in certain domestic, individual rights cases
like District of Columbia v. Heller. 1 But foreign affairs is different. In that area, originalism is,
as Ingrid Wuerth has observed," generally speaking, not the way courts or the Executive
Branch and Congress actually interpret the Constitution." 2 In fact, there are dozens of
important Supreme Court decisions on constitutional foreign affairs issues that pay little or …
The influence of originalism in the legal academy is large and growing. And the US Supreme Court has relied heavily on originalism in certain domestic, individual rights cases like District of Columbia v. Heller. 1 But foreign affairs is different. In that area, originalism is, as Ingrid Wuerth has observed," generally speaking, not the way courts or the Executive Branch and Congress actually interpret the Constitution." 2 In fact, there are dozens of important Supreme Court decisions on constitutional foreign affairs issues that pay little or no attention to the original meaning of specific textual provisions of the Constitution. 3 The most influential legal framework for modem foreign affairs decisionmaking is Justice Jackson's concurrence in Youngstown Sheet & Tube Co. v.
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