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Constitutional Diplomacy

Constitutional Diplomacy
Author: Michael J. Glennon
Publisher: Princeton University Press
Total Pages: 379
Release: 2020-12-08
Genre: Political Science
ISBN: 069122191X

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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 Constitution and the Conduct of American Foreign Policy

The Constitution and the Conduct of American Foreign Policy
Author: David Gray Adler
Publisher:
Total Pages: 426
Release: 1996
Genre: Law
ISBN:

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In this provocative and readable volume, eleven leading constitutional authorities challenge "business as usual" in American foreign policymaking. For far too long, they contend, Americans have acquiesced to presidential claims to sweeping executive powers in foreign affairs—thanks to imperial-minded presidents, a weak-willed Congress, and neglectful scholars. These authors forcefully argue that the president is not the supreme crafter of foreign policy and that Congress must provide more than a rubber stamp for the president's agenda. Unilateral presidential control of foreign relations, they warn, can pose a grave threat to our nation's welfare and is simply without constitutional warrant. Combining constitutional theory with keen historical insights, these authors illuminate the roots of presidential abuse of executive power and remind us of the past and potential costs of such disregard for our unique system of checks-and-balances. An essential guide for all concerned citizens and members of Congress, this volume should help revive a proper understanding of this crucial dimension of American democracy.


Long Wars and the Constitution

Long Wars and the Constitution
Author: Stephen M. Griffin
Publisher: Harvard University Press
Total Pages: 375
Release: 2013-06-01
Genre: Political Science
ISBN: 0674074459

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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.


The Law of Nations and the United States Constitution

The Law of Nations and the United States Constitution
Author: Anthony J. Bellia Jr.
Publisher: Oxford University Press
Total Pages: 224
Release: 2017-03-10
Genre: Law
ISBN: 0190666773

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The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutional questions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations, and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today.


Power, Freedom, and Diplomacy

Power, Freedom, and Diplomacy
Author: Paul Seabury
Publisher:
Total Pages: 456
Release: 1963
Genre: United States
ISBN:

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Analyzes American conduct in world affairs against the framework of international politics.


Diplomacy Old and New

Diplomacy Old and New
Author: George Young
Publisher:
Total Pages: 118
Release: 1921
Genre: Diplomacy
ISBN:

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Treaty Interpretation, the Constitution and the Rule of Law

Treaty Interpretation, the Constitution and the Rule of Law
Author: John Norton Moore
Publisher:
Total Pages: 192
Release: 2001
Genre: Law
ISBN:

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Treaty Interpretation addresses two important constitutional questions, whether the United States should follow the normal international legal standard in treaty interpretation rooted in the intent of the treaty parties or a new "dual'" standard of interpretation rooted in the intent of the Senate, and whether the Senate ever has constitutional authority to attach "domestic conditions" to treaties. This book has emerged from the work of the author as a consultant to the Arms Control Agency in preparing a detailed study on the respective views of Judge Sofaer and Senator Nunn in the 1980s "broad-narrow" debate as to the correct interpretation of the Anti-Ballistic Missile Treaty with the Soviet Union. This debate and the subsequent revisions to the Re-statement (Third International Conference) demonstrate the effect that one individual can have on the U.S. foreign policy. A glimpse of constitutional issues on treaty interpretations Professor Moore wrote from a personal perspective, giving your students a chance to feel the very human tension of one of the greatest debates of our time. With Treaty Interpretation, you will let your students see the people who are behind today's foreign policy, face-to-face. This text illustrates a real world example of constitutional theory in practice. The separation of powers, as envisioned by our constitutional framers, is a constant struggle. A living example of the struggle to preserve a balance is demonstrated in this text as the distribution of power to interpret and apply international agreements. Describes the corpus of international agreements The author carefully traces these impacts, differentiates them, and surfaces the nearly invisible, but profoundly important, constitutional issues in this "great debate." A must-have for those interested in constitutional treaty laws This book is a must for those concerned with treaty issues and constitutional law. This is an important reading for basic international law courses. About the Author John Norton Moore is one of the best-known international lawyers in the world. His writings on international law and constitutional dimensions of foreign policy have been read literally around the world. Among seven presidential appointments, most recently Professor Moore served for two terms as the Senate-Confirmed Chairman of the Board of Directors of the United States Institute of Peace. He has written and testified extensively on the constitutional issues and the conduct of United States foreign policy. He has also testified at Senate hearings on executive agreements and treaty terminations.


A Question of Balance

A Question of Balance
Author: Thomas Mann
Publisher: Brookings Institution Press
Total Pages: 278
Release: 2010-12-01
Genre: Political Science
ISBN: 0815705239

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In recent years, a more active and aggressive Congress has often sharply disagreed with the president over the ends and means of American foreign policy. The normal tensions that arise in the U.S. system of separate institutions sharing power have been exacerbated by the contemporary pattern of split-party control of the two branches. The ensuing conflict in areas ranging from Central America to China has stimulated a spirited debate about the constitutional authority and institutional competence of the president and Congress to make foreign policy. In this volume, noted authors, led by Thomas Mann, examine executive-legislative relations in five major policy areas: war powers, intelligence, arms control, diplomacy, and trade. They offer a fresh analysis of the sources and consequences of conflict between the President and Congress as well as constructive suggestions for strengthening each branch's comparative advantages.


Advanced Introduction to American Foreign Policy

Advanced Introduction to American Foreign Policy
Author: Johnson, Loch K.
Publisher: Edward Elgar Publishing
Total Pages: 176
Release: 2021-08-27
Genre: Political Science
ISBN: 1800881738

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Providing a comprehensive account of America’s constitutional framework, this Advanced Introduction examines how U.S officials carry out America’s foreign policy objectives through diplomacy, trade agreements, secretive covert actions, and the use of military force. Loch K. Johnson delivers an invigorating examination of ethical and legal aspects of American foreign policy as well as providing a new perspective on topics such as domestic politics, diplomacy and policymaking.