The Constitution's text in foreign affairs

Abstract

Acknowledgments Introduction: A Textual Theory of Foreign Affairs Law Part I: Sources of National Power 1. Do Foreign Affairs Powers Come from the Constitution? Curtiss--Wright and the Myth of Inherent Powers 2. Foreign Affairs and the Articles of Confederation: The Constitution in Context Part II: Presidential Power in Foreign Affairs 3. The Steel Seizure Case and the Executive Power over Foreign Affairs 4. Executive Foreign Affairs Power and the Washington Administration 5. Steel Seizure Revisited: The Limits of Executive Power 6. Executive Power and Its Critics Part III: Shared Powers of the Senate 7. The Executive Senate: Treaties and Appointments 8. Goldwater v. Carter: Do Treaties Bind the President? 9. The Non-Treaty Power: Executive Agreements and United States v. Belmont Part IV: Congress's Foreign Affairs Powers 10. Legislative Power in Foreign Affairs: Why NAFTA Is (Sort of) Unconstitutional 11. The Meanings of Declaring War 12. Beyond Declaring War: War Powers of Congress and the President Part V: States and Foreign Affairs 13. Can States Have Foreign Policies? Zschernig v. Miller and the Limits of Framers' Intent 14. States versus the President: The Holocaust Insurance Case 15. Missouri v. Holland and the Seventeenth Amendment Part VI: Courts and Foreign Affairs 16. Judging Foreign Affairs: Goldwater v. Carter Revisited 17. The Paquete Habana: Is International Law Part of Our Law? 18. Courts and Presidents in Foreign Affairs Conclusion: Text as Law in Foreign Affairs Notes Index