Treaty interpretation, the constitution, and the rule of law
By: by John Norton Moore.
Publisher: Oceana Publications
Published: 2001
Place of publication: Dobbs Ferry, N.Y
Language: eng
Number of pages: 172
Subjects: Treaties -- Interpretation and construction; Constitutional law; Rule of law; United States -- Foreign relations -- Treaties
Notes: Includes bibliographical references.
Table of contents: title: Machine generated contents note: About the Authorvii; title: I. Introduction: Great Case and Bad Law1; title: II. Issues and Non-Issues: The Wheat, the Chaff, and the Hidden; title: V irus15; title: III. Disarming the Virus: "Dual" Versus "Unitary" Theories of Treaty; title: Interpretation31; title: A. General Note on Constitutional Interpretation31; title: B. Constitutional Text and the Treaty Power33; title: C. Constitutional Theory, History and Practice34; title: 1. Separation of power theory generally34; title: 2. Bicameralism and the presentment clauses: I.N.S. v. Chadha; title: and Clinton v. New York City 35; title: 3. Treaty power theory generally38; title: 4. Treaty practice under the Constitution40; title: D. Primary Authority 42; title: E. Secondary Authority 46; title: F. Further Inconsistencies With the Foreign Relations Law and; title: Practice of the United States56; title: G. Policy Concerns61; title: H. A Brief Comparative Note67; title: I. The Right Stuff70; title: IV. "Domestic Conditions": The Invisible Issue and the Trail of; title: Invisible Authority71; title: A. Does the Senate Have Authority to Attach "Domestic; title: Conditions" to Treaty Advice and Consent?71; title: B. Even If "Domestic Conditions" Are Within Senate Authority,; title: Are the "Dual" Approach and the "Senate Treaty Condition"; title: Constitutional? 81; title: 1. Constitutionality of the "dual" approach81; title: 2. Constitutionality of the "Senate Treaty Condition" 86; title: C. The Restatement Position and the Trail of Invisible Authority89; title: D. The Source: Professor Henkin's Niagara Reservation Article99; title: E. More Right Stuff112; title: V. Into the Fray and Damn the Torpedoes: The Original Great Case,; title: Senate Intent and Perverse Conclusion of the "Dual" Approach 113; title: A. Focusing the Issue 113; title: B. Intent as to Treaty Meaning 115; title: C. Intent as to Treaty Bargain: The Rest of the Story119; title: D. A Postscript on the Nature of the Executive Branch Testimony 123; title: VI. A Brief Excursion: More Ships in the Night127; title: A. The Vortex Expands 127; title: B. The Rainbow Navigation Case and the Momentary; title: Reappearance of "Domestic Conditions"129; title: C. The Stuart Case and the Beginning of a Non-Debate About the; title: Use of Senate Materials131; title: D. An Exuberant Defense of the Restatement: Windmills Fall While; title: the Virus Stays Hidden141; title: E. A Fresh Look at the Cases: The Vindication of Justice Scalia's; title: View of International Agreements as Compacts among Nations150; title: VII. Conclusion: Reclaiming the Rule of Law in United States; title: Treaty Practice169.