There is by now a large literature on the proper use of history in constitutional
argument.'Much of this literature concerns" adoption history": the history surrounding the …

The Classical Liberal Constitution represents the culmination of my lifetime project of
developing a distinctive synthesis of constitutional law that does not fall squarely within …

Referring to the analytical definition of water wars, several scholars have coherently argued
against the “water leads to war thesis.” There are four arguments that have contributed to …

Writing to James Madison in 1789, ThomasJefferson extolled the Constitution for providing"
one effectual check to the Dog of war by transferring the power of letting him loose from the …

What is the force of international law as a matter of US law? Who determines that force? This
Essay maintains that, for the United States, the US Constitution is always supreme over …

We live in an age of limited war. Yet the legal structure for authorizing and overseeing war
has failed to address this modern reality. Nowhere is this failure more clear than in the …

War-powers scholarship, focusing as it does on the decision to go to war, 1 has lavished
attention on the Declare War2 and Commander in Chief Clauses. 3 Perhaps an unstated …

Many of the contentious, bitter, and defining disputes of the forty-second and forty-third
presidencies arose out of separation of powers issues that the nation has been contending …

There is an ongoing debate over the status of customary international law-the modern law of
nations-in US courts.'This debate has focused primarily on whether federal courts have …

International Law in the US Legal System provides a wide-ranging overview of how
international law intersects with the domestic legal system of the United States, and points …