The Interpretive Force of the Constitution's Secret Drafting History

V Kesavan, MS Paulsen - Geo. Lj, 2002 - HeinOnline
Originalism is a theory working itself pure. And it still has a ways to go: One of the kinks not
quite worked out in originalism as a theory of constitutional interpretation is the weight, if …

State immunity, human rights, and jus cogens: a critique of the normative hierarchy theory

LM Caplan - American Journal of International Law, 2003 - cambridge.org
When Sulaiman Al-Adsani traveled from the United Kingdom to Kuwait to repel Saddam
Hussein's invasion in 1991, he never dreamed he would depart with bruises and burns …

Laws as Treaties?: The Constitutionality of Congressional-Executive Agreements

JC Yoo - Michigan Law Review, 2001 - JSTOR
Only twice in the last century, in 1919 with the Treaty of Versailles, and two years ago with
the comprehensive Nuclear Test-Ban Treaty,'has the Senate rejected a significant treaty …

Sorting Out the Debate over Customary International Law

EA Young - Va. J. Int'l L., 2001 - HeinOnline
Is customary international law federal law or state law? Are these the only choices? One of
legal academia's more heated spats in recent years has concerned the domestic status of …

[图书][B] The Constitution's Text in Foreign Affairs

MD Ramsey - 2007 - books.google.com
This book describes the constitutional law of foreign affairs, derived from the historical
understanding of the Constitution's text. It examines timeless and recurring foreign affairs …

Globalization and the (Foreign Affairs) Constitution

PJ Spiro - Ohio St. LJ, 2002 - HeinOnline
This article asserts the consequentiality of global context for the development of
constitutional law, past and future. The article offers an account of the differential doctrines …

Negotiating federalism: State bargaining and the dormant treaty power

ET Swaine - Duke LJ, 1999 - HeinOnline
The orthodox view that states have no role in US foreign relations is not only inconsistent
with their place in the modem global economy, but the constitutional basis for a" dormant" …

The Selective Nondelegation Doctrine and the Line Item Veto: A New Approach to the Nondelegation Doctrine and Its Implications for Clinton v. City of New York

MB Rappaport - Tul. L. Rev., 2001 - HeinOnline
In Clinton v City of New York,'the Supreme Court killed a statute and confirmed the death of
a doctrine. First, the Supreme Court did away with the Line Item Veto Act. For more than one …

Beyond Formalism in Foreign Affairs: A Functional Approach to the Alien Tort Statute

J Ku, J Yoo - The Supreme Court Review, 2004 - journals.uchicago.edu
For almost a quarter century, courts and judges, government officials and law professors
have argued over the place of international law within the American legal system. Today …

The myth of extraconstitutional foreign affairs power

MD Ramsey - Wm. & Mary L. Rev., 2000 - HeinOnline
Corp.,'the US Supreme Court posited a peculiar notion of the source of federal power in
foreign affairs. Justice Sutherland, speaking for the Court, said that federal power in this area …