Constitutional DiplomacyPrinceton University Press, 08 դեկ, 2020 թ. - 384 էջ 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. |
From inside the book
Արդյունքներ 92–ի 1-ից 5-ը:
... President's authority to issue the order . Captain South carries out the President's order , and the owners of the seized vessel bring an action for damages against Captain South personally for the seizure . The theory of the suit : The ...
... President's " sole - organ ' ' power . Marshall does not even consider the possibility that the dispute might have constituted a political question , unsuitable for judicial resolution . The great Chief Justice well knew that such suits ...
... President Adams's power to extradite to Britain an individual charged with murder , Marshall declared : “ The President is the sole organ of the nation in its external relations , and its sole representative with foreign nations . " 34 ...
... President be given powers to seize plants to avert a shutdown where the ' health or safety ' of the nation was endangered , was thoroughly canvassed by Congress and rejected . No room for doubt remains that the proponents as well as the ...
... President , Justice Black wrote , had engaged in lawmaking , a task assigned by the Constitution to Congress.40 The seizure was therefore unlawful ; the President's power , if any , to issue the order must stem either from an act of ...
Բովանդակություն
CHAPTER | 35 |
CHAPTER THREE | 71 |
CHAPTER FOUR | 123 |
CHAPTER FIVE | 164 |
CHAPTER | 192 |
CHAPTER SEVEN | 229 |
CHAPTER EIGHT | 283 |
APPENDIX | 329 |
General Index | 339 |
Index of Cases | 349 |