This book provides the first detailed history of the Constitution's treaty supremacy rule, describing a process of invisible constitutional change. The traditional supremacy rule provided that all treaties supersede conflicting state laws, and precluded state governments from violating U.S. treaty obligations. The author discusses the implications of the U.S. ratified UN Charter that obligates nations to promote human rights "for all without distinction as to race" and covers the Bricker Amendment created to abolish the treaty supremacy rule.
This book provides the first detailed history of the Constitution's treaty supremacy rule, describing a process of invisible constitutional change. The traditional supremacy rule provided that all treaties supersede conflicting state laws, and precluded state governments from violating U.S. treaty obligations. The author discusses the implications of the U.S. ratified UN Charter that obligates nations to promote human rights "for all without distinction as to race" and covers the Bricker Amendment created to abolish the treaty supremacy rule.
David L. Sloss is Professor of Law and Director of the Center for Global Law and Policy at Santa Clara University Law School. Professor Sloss focuses his scholarship on the application of international law in domestic courts, with specializations in international human rights law, treaties, U.S. foreign relations law, and constitutional law. He is the editor of The Role of Domestic Courts in Treaty Enforcement: A Comparative Study (2009), and co-editor of International Law in the U.S. Supreme Court: Continuity and Change (2011). He has published numerous articles on the history of U.S. foreign affairs law and the judicial enforcement of treaties in domestic courts. Professor Sloss received his B.A. from Hampshire College, his M.P.P. from the Kennedy School of Government at Harvard, and his J.D. from Stanford Law School. He taught for nine years at Saint Louis University School of Law.
Inhaltsangabe
List of Tables Acknowledgments Introduction Part One: Treaty Supremacy at the Founding Chapter One: The Origins of Treaty Supremacy, 1776-1787 Chapter Two: State Ratification Debates Chapter Three: Treaty Supremacy in the 1790s Part Two: Treaty Supremacy from 1800 to 1945 Introduction to Part Two Chapter Four: Foster v. Neilson Chapter Five: Treaties and State Law Chapter Six: Self-Execution in the Political Branches Chapter Seven: Self-Execution in the Federal Courts Chapter Eight: Seeds of Change Part Three: The Human Rights Revolution Introduction to Part Three Chapter Nine: Human Rights Activism in the United States: 1946-48 Chapter Ten: The Nationalists Strike Back: 1949-51 Chapter Eleven: Fujii, Brown and Bricker: 1952-54 Chapter Twelve: Business as Usual in the Courts: 1946-65 Chapter Thirteen: The American Law Institute and the Restatement of Foreign Relations Law Part Four: Treaty Supremacy and Constitutional Change Chapter Fourteen: Treaty Supremacy in the 21st Century Chapter Fifteen: Invisible Constitutional Change List of Abbreviations Used in Endnotes Endnotes Bibliography Index
List of Tables Acknowledgments Introduction Part One: Treaty Supremacy at the Founding Chapter One: The Origins of Treaty Supremacy, 1776-1787 Chapter Two: State Ratification Debates Chapter Three: Treaty Supremacy in the 1790s Part Two: Treaty Supremacy from 1800 to 1945 Introduction to Part Two Chapter Four: Foster v. Neilson Chapter Five: Treaties and State Law Chapter Six: Self-Execution in the Political Branches Chapter Seven: Self-Execution in the Federal Courts Chapter Eight: Seeds of Change Part Three: The Human Rights Revolution Introduction to Part Three Chapter Nine: Human Rights Activism in the United States: 1946-48 Chapter Ten: The Nationalists Strike Back: 1949-51 Chapter Eleven: Fujii, Brown and Bricker: 1952-54 Chapter Twelve: Business as Usual in the Courts: 1946-65 Chapter Thirteen: The American Law Institute and the Restatement of Foreign Relations Law Part Four: Treaty Supremacy and Constitutional Change Chapter Fourteen: Treaty Supremacy in the 21st Century Chapter Fifteen: Invisible Constitutional Change List of Abbreviations Used in Endnotes Endnotes Bibliography Index
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