Originalists routinely argue that originalism is the only coherent and legitimate theory of
constitutional interpretation. This Article endeavors to undermine those claims by …

Treaties are being invoked increasingly in the courts, both in cases connected to the" war on
terror"'and in cases that would not otherwise be regarded as particularly international in …

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 …

A number of constitutional scholars have been trying to" reboot" originalism by addressing
previous criticisms of the theory—for example, shifting focus from original intent to original …

In recent years, the US judiciary has taken steps to limit the role played by international law
in the US legal system. This Article seeks to explain this retreat and to identify ways by which …

The scope of presidential authority has been a constant focus of constitutional dispute since
the Framing. The bases for presidential appointment and removal, the responsibility of the …

Whether they constitute" torture" or" violence to life and person," it is quite clear that the
tactics portrayed in photos from Abu Ghraib Prison, namely the stripping naked and hooding …

Historical practice strongly influences constitutional interpretation in foreign relations law,
including most questions relating to the treaty power. Yet it is strikingly absent from the …

Conventional wisdom holds that the doctrine of non-selfexecuting treaties' in the United
States is conceptually confused and textually unjustified. This Article disagrees. It argues …

Under the US Constitution, if federal interests conflict with state interests, when must the
latter give way? One view is that the answer is found largely within the text and original …