The Death of Treaty Supremacy

Zusatztext A superior study! deservedly awarded the Certificate of Merit in Creative Scholarship by the American Society of International Law in 2017. Informationen zum Autor 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 ofGovernment at Harvard, and his J.D. from Stanford Law School. He taught for nine years at Saint Louis University School of Law. Klappentext 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.Winner of the ASIL 2017 Certificate of Merit in Creative Scholarship Zusammenfassung This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The treaty supremacy rule was a bedrock principle of constitutional law for more than 150 years. It provided that treaties are supreme over state law and that courts have a constitutional duty to apply treaties that conflict with state laws. The rule ensured that state governments did not violate U.S. treaty obligationswithout authorization from the federal political branches. In 1945! the United States ratified the UN Charter! which obligates nations to promote human rights for all without distinction as to race. In 1950! a California court applied the Charters human rights provisions along with the traditionalsupremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had abrogated Jim Crow laws throughout the South by ratifying the UN Charter. Conservatives reacted by lobbying for a constitutional amendment! known as the Bricker Amendment! to abolish the treaty supremacy rule. The amendment never passed! but Bricker's supporters achieved their goals through de facto constitutionalchange. Before 1945! the treaty supremacy rule was a mandatory constitutional rule that applied to all treaties. The de facto Bricker Amendment converted the rule into an optional rule that applies only to self-executing treaties. Under the modern rule! state governments are allowed to violate national treatyobligationsincluding international human rights obligationsthat are embodied in non-self-executing treaties. ...

Vorwort
Winner of the ASIL 2017 Certificate of Merit in Creative Scholarship

Autorentext

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.

Klappentext

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.

Inhalt

• 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