The book features extensive coverage of: - the scope of the President's war powers, including his powers in the war on terrorism - the relationship between national foreign affairs powers, including the treaty power, and structural principles of federalism and separation of powers - the validity of executive agreements - the status of customary international law in the U.S. legal system, including its role in international human rights litigation in U.S. courts - judicial reliance on foreign and international materials to ...
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The book features extensive coverage of: - the scope of the President's war powers, including his powers in the war on terrorism - the relationship between national foreign affairs powers, including the treaty power, and structural principles of federalism and separation of powers - the validity of executive agreements - the status of customary international law in the U.S. legal system, including its role in international human rights litigation in U.S. courts - judicial reliance on foreign and international materials to interpret the Constitution - the relationship between international tribunals and U.S. decisionmaking structures, including issues of delegation of authority and international comity - extraterritorial application of federal law The authors stimulate understanding through: - a mix of leading cases and non-case materials, such as excerpts of statutes, treaties, and Executive Branch pronouncements - abundant notes and questions for each topic, including rich discussions of historical background, other relevant cases, and academic debates - a cohesive theoretical framework that illuminates the increasingly important intersection between international law and U.S. domestic law; the importance of constitutional structure in regulating foreign affairs; the relevance of history to modern controversies; the ways the constitutional law of foreign affairs is often developed outside the courts; and the significance of the increasingly blurred line between domestic and foreign affairs Thoroughly updated, this edition offers: - broader coverage of the war on terrorism, including detailed treatment of the Executive's power to target, detain, and try terrorist enemy combatants - excerpts of recent Supreme Court decisions, including Hamdi v. Rumsfeld, Sosa v. Alvarez-Machain, Altmann v. Republic of Austria, and American Ins. Ass'n v. Garamendi - condensed coverage of foreign sovereign immunity, now divided between Chapter 2 on the role of the courts in foreign affairs and Chapter 7 on international human rights litigation, integrating the material with related topics and making it easier to teach - a revised Teacher's Manual with additional syllabi, a new section of sample exams, and answers to all the questions in the casebook
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