War, Foreign Affairs, and Constitutional Power: The origins

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Publisher : Cambridge, Mass. : Ballinger Publishing Company
ISBN 13 :
Total Pages : 584 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis War, Foreign Affairs, and Constitutional Power: The origins by : Abraham D. Sofaer

Download or read book War, Foreign Affairs, and Constitutional Power: The origins written by Abraham D. Sofaer and published by Cambridge, Mass. : Ballinger Publishing Company. This book was released on 1976 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt:

CONSTITUTIONAL POWER & WORLD A

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Publisher :
ISBN 13 : 9781361339282
Total Pages : 220 pages
Book Rating : 4.3/5 (392 download)

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Book Synopsis CONSTITUTIONAL POWER & WORLD A by : George Sutherland

Download or read book CONSTITUTIONAL POWER & WORLD A written by George Sutherland and published by . This book was released on 2016-08-25 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Foreign Affairs Federalism

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Publisher : Oxford University Press
ISBN 13 : 0199355908
Total Pages : 433 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Foreign Affairs Federalism by : Michael J. Glennon

Download or read book Foreign Affairs Federalism written by Michael J. Glennon and published by Oxford University Press. This book was released on 2016-04-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.

The Powers of War and Peace

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Publisher : University of Chicago Press
ISBN 13 : 0226960331
Total Pages : 379 pages
Book Rating : 4.2/5 (269 download)

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Book Synopsis The Powers of War and Peace by : John Yoo

Download or read book The Powers of War and Peace written by John Yoo and published by University of Chicago Press. This book was released on 2008-09-15 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history. Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency. “Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times “Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review

The Oxford Handbook of Comparative Foreign Relations Law

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Publisher : Oxford University Press
ISBN 13 : 0190653353
Total Pages : 891 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of Comparative Foreign Relations Law by : Curtis A. Bradley

Download or read book The Oxford Handbook of Comparative Foreign Relations Law written by Curtis A. Bradley and published by Oxford University Press. This book was released on 2019-06-07 with total page 891 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.

Constitutional Diplomacy

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Publisher : Princeton University Press
ISBN 13 : 9780691023052
Total Pages : 382 pages
Book Rating : 4.0/5 (23 download)

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Book Synopsis Constitutional Diplomacy by : Michael J. Glennon

Download or read book Constitutional Diplomacy written by Michael J. Glennon and published by Princeton University Press. This book was released on 1990 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging those who accept or advocate executive supremacy in American foreign-policy making, Constitutional Diplomacy proposes that we abandon the supine roles often assigned our legislative and judicial branches in that field. This book, by the former Legal Counsel to the Senate Foreign Relations Committee, is the first comprehensive analysis of foreign policy and constitutionalism to appear in over fifteen years. In the interval since the last major work on this theme was published, the War Powers Resolution has ignited a heated controversy, several major treaties have aroused passionate disagreement over the Senate's role, intelligence abuses have been revealed and remedial legislation debated, and the Iran-Contra affair has highlighted anew the extent of disagreement over first principles. Exploring the implications of these and earlier foreign policy disputes, Michael Glennon maintains that the objectives of diplomacy cannot be successfully pursued by discarding constitutional interests. Glennon probes in detail the important foreign-policy responsibilities given to Congress by the Constitution and the duty given to the courts of resolving disputes between Congress and the President concerning the power to make foreign policy. He reviews the scope of the prime tools of diplomacy, the war power and the treaty power, and examines the concept of national security. Throughout the work he considers the intricate weave of two legal systems: American constitutional principles and the international law norms that are part of the U.S. domestic legal system.

The National Security Constitution

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Publisher : Yale University Press
ISBN 13 : 9780300044935
Total Pages : 356 pages
Book Rating : 4.0/5 (449 download)

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Book Synopsis The National Security Constitution by : Harold Hongju Koh

Download or read book The National Security Constitution written by Harold Hongju Koh and published by Yale University Press. This book was released on 1990-01-01 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the Iran-Contra affair and its implications.

Constitutionalism, Democracy, and Foreign Affairs

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Publisher : Columbia University Press
ISBN 13 : 9780231072298
Total Pages : 140 pages
Book Rating : 4.0/5 (722 download)

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Book Synopsis Constitutionalism, Democracy, and Foreign Affairs by : Louis Henkin

Download or read book Constitutionalism, Democracy, and Foreign Affairs written by Louis Henkin and published by Columbia University Press. This book was released on 1990 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses a controversial aspect of constitutional jurisprudence--the governance of foreign affairs and examines the questionof whether our constitutional blueprint for the conduct of foreign affairs is appropriate to the democracy we have become.

The Constitution’s Text in Foreign Affairs

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Publisher : Harvard University Press
ISBN 13 : 9780674024908
Total Pages : 512 pages
Book Rating : 4.0/5 (249 download)

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Book Synopsis The Constitution’s Text in Foreign Affairs by : Michael D. Ramsey

Download or read book The Constitution’s Text in Foreign Affairs written by Michael D. Ramsey and published by Harvard University Press. This book was released on 2007-06 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ramsey describes the constitutional law of foreign affairs derived from an historical understanding of the Constitution’s text. Examining recurring foreign affairs controversies such as the power to enter armed conflict, the author shows how the words, structure, and context of the Constitution can resolve pivotal court cases and modern disputes.

Contestation and Constitution of Norms in Global International Relations

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Publisher : Cambridge University Press
ISBN 13 : 1107169526
Total Pages : 279 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Contestation and Constitution of Norms in Global International Relations by : Antje Wiener

Download or read book Contestation and Constitution of Norms in Global International Relations written by Antje Wiener and published by Cambridge University Press. This book was released on 2018-08-23 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the involvement of local actors in conflicts over global norms at the intersection between international relations and international law.

Taming Globalization

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Publisher : Oxford University Press, USA
ISBN 13 : 0199837422
Total Pages : 281 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Taming Globalization by : Julian Ku

Download or read book Taming Globalization written by Julian Ku and published by Oxford University Press, USA. This book was released on 2012-04-05 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the nations of the world become more interconnected and less isolated every day, the U.S. legal system has struggled to take advantage of globalization's benefits while protecting the country's sovereignty. In Taming Globalization, Julian Ku and John Yoo offer a bold new look at this growing problem, arguing that the political branches and not the courts should be implementing and enforcing international law in the U.S. This reconciliation of globalization and the U.S. Constitution will influence debates now raging in courtrooms, the halls of Congress, and the public arena.

Long Wars and the Constitution

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Publisher : Harvard University Press
ISBN 13 : 0674074459
Total Pages : 375 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Long Wars and the Constitution by : Stephen M. Griffin

Download or read book Long Wars and the Constitution written by Stephen M. Griffin and published by Harvard University Press. This book was released on 2013-06-01 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Extension of presidential leadership in foreign affairs to war powers has destabilized our constitutional order and deranged our foreign policy. Stephen M. Griffin shows unexpected connections between the imperial presidency and constitutional crises, and argues for accountability by restoring Congress to a meaningful role in decisions for war.

Constitutional Power and World Affairs

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Publisher : Columbia University Lectures
ISBN 13 :
Total Pages : 224 pages
Book Rating : 4.:/5 (2 download)

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Book Synopsis Constitutional Power and World Affairs by : George Sutherland

Download or read book Constitutional Power and World Affairs written by George Sutherland and published by Columbia University Lectures. This book was released on 1919 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the principles of the United States Constitution in light of world affairs. Specifically addresses the democratic principles of the Constitution, the powers of the national government, the Supreme Court, treaty-making powers, and the division of powers between the president and Congress.

Restoring the Global Judiciary

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Publisher : Princeton University Press
ISBN 13 : 0691204780
Total Pages : 344 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis Restoring the Global Judiciary by : Martin S. Flaherty

Download or read book Restoring the Global Judiciary written by Martin S. Flaherty and published by Princeton University Press. This book was released on 2022-05-17 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.

Foreign Relations in Federal Countries

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Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773576185
Total Pages : 432 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis Foreign Relations in Federal Countries by : Hans Michelmann

Download or read book Foreign Relations in Federal Countries written by Hans Michelmann and published by McGill-Queen's Press - MQUP. This book was released on 2009-01-28 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign Relations in Federal Countries addresses questions such as: What constitutional powers do the federal governments and constituent states have to conduct foreign affairs? To what degree are relations between orders of government regularized by formal agreement or informal practice? What roles do constituent governments have in negotiation and implementation of international treaties? The volume offers a comparative perspective on the conduct of foreign relations in twelve federal countries: Argentina, Australia, Austria, Belgium, Canada, Germany, India, Malaysia, South Africa, Spain, Switzerland, and the United States.

The Federalist Papers

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Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 420 pages
Book Rating : 4.5/5 (287 download)

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Book Synopsis The Federalist Papers by : Alexander Hamilton

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Constitutional Redemption

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Publisher : Harvard University Press
ISBN 13 : 0674058747
Total Pages : 305 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Constitutional Redemption by : J. M. Balkin

Download or read book Constitutional Redemption written by J. M. Balkin and published by Harvard University Press. This book was released on 2011-05-09 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared redemption, and its destiny is still over the horizon.