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 72–ի 1-ից 5-ը:
... Interpretation Treaty Termination Full Senate Review of the Treaty Process Conclusion 124 134 145 161 163 164 CHAPTER FIVE Presidential Policy and Executive Agreements Plenary Executive Diplomatic Powers Executive Agreements Conclusion ...
... interpretation that shape the conclusions of subsequent chapters . Chapter 3 applies this structure to the war - making powers of the federal government . It includes a discussion of the constitutionality and effectiveness of the War ...
... Interpreting ' Interpretation ' : The President , the Senate , and When Treaty Interpretation Becomes Treaty Making , " 20 University of California , Davis , Law Review 912 ( July 1987 ) [ copyright © 1987 by The Regents of the ...
... interpretation could not have been further from Marshall's meaning . Far from arguing in his speech that President Adams had an inherent " or " independent ” power to extradite an individual charged with murder , Marshall in fact ...
... interpretation , and the burden of persuasion would rest heavily upon any who might attack it . 2. When the President acts in absence of either a congressional grant or denial of authority , he can only rely upon his own independent ...
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 |