The Constitution as Treaty
Subtitle: The International Legal Constructionalist Approach to the U.S. Constitution
Edition: 1 edition
Publisher: Cambridge University Press
Published: September 24, 2007
Language: eng
Format: Hardcover
Number of pages: 228
ISBN-13: 9780521881937
Subjects: Constitutional & administrative law; Law; Legal Reference / Law Profession; USA; Constitutional; Law / General; Constitutional law; Judicial review; United States
Description: "The Constitution as Treaty transforms the conceptualization of U.S. constitutional law by exploring the interpretive implications of viewing the U.S. Constitution as a treaty. It argues that federal courts constitute an international tribunal system, and, as such, their jurisdiction is governed by international law enabling them to exercise judicial review authority and undercutting much of the judicial activist critique. The Constitution as Treaty continues with an examination of what international law is and its major interpretive principles in order to set the stage for examining how different sources and principles of international law are intrinsically integrated into U.S. constitutional law and, thereby, are available to federal courts for deciding cases.

It addresses the Charming Betsy Rule, the non-self-execution doctrine, the last-in-time rule, and the proper use of customary international law and other international law not mentioned in Article III. The Constitution as Treaty concludes that federal courts generally must construe the United States' international legal obligations liberally."--Jacket.