Lawrence Davidson
- Published in print:
- 2009
- Published Online:
- September 2011
- ISBN:
- 9780813125244
- eISBN:
- 9780813135021
- Item type:
- chapter
- Publisher:
- University Press of Kentucky
- DOI:
- 10.5810/kentucky/9780813125244.003.0001
- Subject:
- Political Science, American Politics
This book aims to find an explanation for the seeming lack of interest among average Americans in the country's foreign policies and ventures, which usually require vast amount of resources but, as ...
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This book aims to find an explanation for the seeming lack of interest among average Americans in the country's foreign policies and ventures, which usually require vast amount of resources but, as recent history has shown, are not always in the country's best interest. It begins with laying out a theory that seeks to explain why, normally, most people are not interested in foreign affairs. This theory centers on the primacy of local space and time in people's lives. It could be argued that the nature of democracy in the US centers on competing interest groups and not on individuals. To support this argument, several historical and contemporary examples are provided that show how lobbies influence the country's foreign conduct. The book ends with serious doubts about whether the foreign policies pursued by the government are truly in the interest of the nation as a whole or of some very powerful factions.Less
This book aims to find an explanation for the seeming lack of interest among average Americans in the country's foreign policies and ventures, which usually require vast amount of resources but, as recent history has shown, are not always in the country's best interest. It begins with laying out a theory that seeks to explain why, normally, most people are not interested in foreign affairs. This theory centers on the primacy of local space and time in people's lives. It could be argued that the nature of democracy in the US centers on competing interest groups and not on individuals. To support this argument, several historical and contemporary examples are provided that show how lobbies influence the country's foreign conduct. The book ends with serious doubts about whether the foreign policies pursued by the government are truly in the interest of the nation as a whole or of some very powerful factions.
Robert Schütze
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199238583
- eISBN:
- 9780191716539
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199238583.003.02
- Subject:
- Law, EU Law
The constitutional battle over the nature of sovereignty and federalism in America produced a compromise in the late nineteenth century: dual federalism. The philosophy of dual federalism suggested a ...
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The constitutional battle over the nature of sovereignty and federalism in America produced a compromise in the late nineteenth century: dual federalism. The philosophy of dual federalism suggested a particular constitutional structure for the idea of duplex regimen: the tasks of government would be divided between two - mutually exclusive – spheres. The federal government and the States were seen as “equal” and “co-ordinate” within their respective spheres. This constitutional solution appeased moderate “Nationalists” and “Statists” for more than a century. The shift away from dual federalism took place in the 1930s and is linked to the American “New Deal”. Modern “New Deal” jurisprudence abandons the conceptual duality between commerce versus police power. The demise of the exclusive spheres equally takes place at the legislative level. Federal pre-emption abandons automatic field pre-emption. The principal exception to the rise of cooperative federalism is foreign affairs. The exclusion of the States from international treaty-making preserves an enclave of dual federalism.Less
The constitutional battle over the nature of sovereignty and federalism in America produced a compromise in the late nineteenth century: dual federalism. The philosophy of dual federalism suggested a particular constitutional structure for the idea of duplex regimen: the tasks of government would be divided between two - mutually exclusive – spheres. The federal government and the States were seen as “equal” and “co-ordinate” within their respective spheres. This constitutional solution appeased moderate “Nationalists” and “Statists” for more than a century. The shift away from dual federalism took place in the 1930s and is linked to the American “New Deal”. Modern “New Deal” jurisprudence abandons the conceptual duality between commerce versus police power. The demise of the exclusive spheres equally takes place at the legislative level. Federal pre-emption abandons automatic field pre-emption. The principal exception to the rise of cooperative federalism is foreign affairs. The exclusion of the States from international treaty-making preserves an enclave of dual federalism.
Linda L. Fowler
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691151618
- eISBN:
- 9781400866465
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691151618.003.0005
- Subject:
- Political Science, American Politics
This chapter examines how the distinctive goals of the Senate Armed Services and Foreign Relations committees led to strategic choices about how much attention to devote to oversight of national ...
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This chapter examines how the distinctive goals of the Senate Armed Services and Foreign Relations committees led to strategic choices about how much attention to devote to oversight of national security, particularly in comparison to budget activity. It explains why divided government was not a consistent motivator for national security oversight and how indicators of long-term committee goals influenced both committees' stance toward the executive branch. It argues that the Armed Services Committee muted partisan conflict and deemphasized oversight in order to attend to funding the Defense Department, whereas the Foreign Relations Committee was a more active overseer of foreign affairs during periods of divided government. The differences between the two committees reveal how selection biases built into the committee assignment process affected the rule of law in national security and shed light on the inconsistent findings in the scholarly literature with respect to divided government.Less
This chapter examines how the distinctive goals of the Senate Armed Services and Foreign Relations committees led to strategic choices about how much attention to devote to oversight of national security, particularly in comparison to budget activity. It explains why divided government was not a consistent motivator for national security oversight and how indicators of long-term committee goals influenced both committees' stance toward the executive branch. It argues that the Armed Services Committee muted partisan conflict and deemphasized oversight in order to attend to funding the Defense Department, whereas the Foreign Relations Committee was a more active overseer of foreign affairs during periods of divided government. The differences between the two committees reveal how selection biases built into the committee assignment process affected the rule of law in national security and shed light on the inconsistent findings in the scholarly literature with respect to divided government.
Max. M Edling
- Published in print:
- 2003
- Published Online:
- January 2005
- ISBN:
- 9780195148701
- eISBN:
- 9780199835096
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195148703.003.0006
- Subject:
- Political Science, American Politics
Chapter 5 and the corresponding Ch. 10 in Part Three of the book provide background accounts of political development in the USA from the American War of Independence to the Philadelphia Convention, ...
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Chapter 5 and the corresponding Ch. 10 in Part Three of the book provide background accounts of political development in the USA from the American War of Independence to the Philadelphia Convention, and establish that, by 1787, Congress was marked by military weakness and financial insolvency. Here, the background is given to the conflict between the Federalists and the Antifederalists over the military clauses of the US Constitution, a conflict that is analyzed in Chs 6–8 (the debate over the fiscal clauses is analyzed in Part Three of the book). It is argued that two principles frustrated the ability of the Confederation Congress to provide the union with the military capacity it needed to function: first, the sovereignty of the states; and, second, the strong aversion in the American political tradition to a peacetime standing army. In the end, these principles led Congress to become passive in foreign affairs. Ends with an attempt to locate the Federalist demand for an improved military capacity of the national state not in the context of militarism, but in the context of the promotion of commerce.Less
Chapter 5 and the corresponding Ch. 10 in Part Three of the book provide background accounts of political development in the USA from the American War of Independence to the Philadelphia Convention, and establish that, by 1787, Congress was marked by military weakness and financial insolvency. Here, the background is given to the conflict between the Federalists and the Antifederalists over the military clauses of the US Constitution, a conflict that is analyzed in Chs 6–8 (the debate over the fiscal clauses is analyzed in Part Three of the book). It is argued that two principles frustrated the ability of the Confederation Congress to provide the union with the military capacity it needed to function: first, the sovereignty of the states; and, second, the strong aversion in the American political tradition to a peacetime standing army. In the end, these principles led Congress to become passive in foreign affairs. Ends with an attempt to locate the Federalist demand for an improved military capacity of the national state not in the context of militarism, but in the context of the promotion of commerce.
Linda L. Fowler
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691151618
- eISBN:
- 9781400866465
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691151618.003.0008
- Subject:
- Political Science, American Politics
This chapter challenges the efficacy of reform proposals currently circulating in Washington and makes practical recommendations for improving the capacity of the Senate Armed Services and Foreign ...
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This chapter challenges the efficacy of reform proposals currently circulating in Washington and makes practical recommendations for improving the capacity of the Senate Armed Services and Foreign Relations committees in terms of oversight of national security. These recommendations look beyond consultation about the initiation of conflicts to generate a more robust review of the implementation of administration policies over time. The focus is on the underlying incentives that drive committee inquiries into the performance of the Department of Defense and the State Department, with an eye to the self-correcting mechanisms at the heart of the Constitution that balance relations between the branches. The chapter argues that well-functioning committees that promote the rule of law in foreign affairs through regular, predictable, and public deliberation make a revised war powers act unnecessary; in the absence of such regular order, new rules for consultation seem likely to fail.Less
This chapter challenges the efficacy of reform proposals currently circulating in Washington and makes practical recommendations for improving the capacity of the Senate Armed Services and Foreign Relations committees in terms of oversight of national security. These recommendations look beyond consultation about the initiation of conflicts to generate a more robust review of the implementation of administration policies over time. The focus is on the underlying incentives that drive committee inquiries into the performance of the Department of Defense and the State Department, with an eye to the self-correcting mechanisms at the heart of the Constitution that balance relations between the branches. The chapter argues that well-functioning committees that promote the rule of law in foreign affairs through regular, predictable, and public deliberation make a revised war powers act unnecessary; in the absence of such regular order, new rules for consultation seem likely to fail.
Robert Schütze
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199238583
- eISBN:
- 9780191716539
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199238583.003.06
- Subject:
- Law, EU Law
Is Europe’s foreign affairs federalism “exceptional”? What is the nature of the Community’s implied external competences: exclusive, concurrent or shared? The theory of subsequently exclusive powers ...
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Is Europe’s foreign affairs federalism “exceptional”? What is the nature of the Community’s implied external competences: exclusive, concurrent or shared? The theory of subsequently exclusive powers constituted a signal in favour of the theory of dual federalism in the external sphere. Why did the Community legal order originally favour a dual federal rationale in the external sphere? This Chapter proposes that the answer may lie in the originally ambivalent normative relationship between European law and the international powers retained by the Member States. With the supremacy issue still in suspense, the Court moved down the more aggressive route of constitutional exclusivity. The Court’s “flight into dual federalism” blocked the Member States’ “flight into international law”. However, dual federalist theory has increasingly lost touch with Europe’s cooperative federal practice. This is illustrated in the context of the ERTA doctrine. Today, many of Europe’s express or implied foreign affairs powers are shared powers.Less
Is Europe’s foreign affairs federalism “exceptional”? What is the nature of the Community’s implied external competences: exclusive, concurrent or shared? The theory of subsequently exclusive powers constituted a signal in favour of the theory of dual federalism in the external sphere. Why did the Community legal order originally favour a dual federal rationale in the external sphere? This Chapter proposes that the answer may lie in the originally ambivalent normative relationship between European law and the international powers retained by the Member States. With the supremacy issue still in suspense, the Court moved down the more aggressive route of constitutional exclusivity. The Court’s “flight into dual federalism” blocked the Member States’ “flight into international law”. However, dual federalist theory has increasingly lost touch with Europe’s cooperative federal practice. This is illustrated in the context of the ERTA doctrine. Today, many of Europe’s express or implied foreign affairs powers are shared powers.
Colin Warbrick
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199566181
- eISBN:
- 9780191705458
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199566181.003.0035
- Subject:
- Law, Legal History
This chapter deals with the power to deploy troops overseas, and the national and international law regulating this. It gives a review of the development on this issue over the recent years.
This chapter deals with the power to deploy troops overseas, and the national and international law regulating this. It gives a review of the development on this issue over the recent years.
Bob Harris
- Published in print:
- 2002
- Published Online:
- January 2010
- ISBN:
- 9780199246939
- eISBN:
- 9780191714566
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199246939.003.0004
- Subject:
- History, British and Irish Early Modern History
This chapter reconstructs debates about foreign affairs and Britain's participation in war during the mid-18th century. It explores the ways in which the country's shifting military and international ...
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This chapter reconstructs debates about foreign affairs and Britain's participation in war during the mid-18th century. It explores the ways in which the country's shifting military and international fortunes were registered in public debate in this period, as well as the ways in which different elements of the political nation responded to these wars. War and rivalry with France became an unfolding drama on to which Britons projected their hopes and anxieties not just about the standing and identity of their nation, but also deeper-lying concerns about the state of society, the political system, overseas trade, popular morals, and religion. The Seven Years War was not just about whether Britain would remain, or fulfil her destiny as, a great power; it was also a war in which fears about the morals and courage of the landed elites pressed hard on contemporary perceptions of the conduct of Britain's military forces; it was a war too in which Scotland particularly, but also Ireland, sought to demonstrate their value and contribution to the cause of Britain and British power overseas.Less
This chapter reconstructs debates about foreign affairs and Britain's participation in war during the mid-18th century. It explores the ways in which the country's shifting military and international fortunes were registered in public debate in this period, as well as the ways in which different elements of the political nation responded to these wars. War and rivalry with France became an unfolding drama on to which Britons projected their hopes and anxieties not just about the standing and identity of their nation, but also deeper-lying concerns about the state of society, the political system, overseas trade, popular morals, and religion. The Seven Years War was not just about whether Britain would remain, or fulfil her destiny as, a great power; it was also a war in which fears about the morals and courage of the landed elites pressed hard on contemporary perceptions of the conduct of Britain's military forces; it was a war too in which Scotland particularly, but also Ireland, sought to demonstrate their value and contribution to the cause of Britain and British power overseas.
Nigel D. White
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199218592
- eISBN:
- 9780191705595
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199218592.003.0010
- Subject:
- Law, Human Rights and Immigration, Public International Law
The arguments over humanitarian intervention were brought to a head in the Spring of 1999 when, faced with the brutal repression of the ethnic Albanian population in the Serbian province of Kosovo, ...
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The arguments over humanitarian intervention were brought to a head in the Spring of 1999 when, faced with the brutal repression of the ethnic Albanian population in the Serbian province of Kosovo, NATO planes bombed Serbian targets between 24 March 1999 and 10 June 1999. The debates in parliament were intense over the Kosovo intervention. The level of discussion over the international legal basis of the operation both within the House of Commons and the country was unprecedented. The greater reliance on seeking Parliamentary support could be due to the lack of a clear international legal basis for the British decision to contribute air power to the operation (even though it was a NATO operation), but could also be due to the proposed mode of protecting human rights — by bombing from a safe height.Less
The arguments over humanitarian intervention were brought to a head in the Spring of 1999 when, faced with the brutal repression of the ethnic Albanian population in the Serbian province of Kosovo, NATO planes bombed Serbian targets between 24 March 1999 and 10 June 1999. The debates in parliament were intense over the Kosovo intervention. The level of discussion over the international legal basis of the operation both within the House of Commons and the country was unprecedented. The greater reliance on seeking Parliamentary support could be due to the lack of a clear international legal basis for the British decision to contribute air power to the operation (even though it was a NATO operation), but could also be due to the proposed mode of protecting human rights — by bombing from a safe height.
Saikrishna Bangalore Prakash
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780300194562
- eISBN:
- 9780300213416
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300194562.003.0006
- Subject:
- Law, Constitutional and Administrative Law
This chapter argues that authority of the president over foreign affairs arises from the grant of the executive power and not from foreign relations clauses found in the remainder of Article II of ...
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This chapter argues that authority of the president over foreign affairs arises from the grant of the executive power and not from foreign relations clauses found in the remainder of Article II of the US Constitution. The president's abilities to formulate and announce generic foreign policy, control U.S. diplomats, and expel foreign diplomats came from The Executive Power Clause—the power of the president to execute the law. While the president may, in general, exercise those foreign affairs powers not granted to the Congress or shared with the Senate, he lacks a broad foreign affairs lawmaking authority under Article II. The president's legislative role is limited to the duty to make legislative proposals, the power to make treaties, and the power to veto bills.Less
This chapter argues that authority of the president over foreign affairs arises from the grant of the executive power and not from foreign relations clauses found in the remainder of Article II of the US Constitution. The president's abilities to formulate and announce generic foreign policy, control U.S. diplomats, and expel foreign diplomats came from The Executive Power Clause—the power of the president to execute the law. While the president may, in general, exercise those foreign affairs powers not granted to the Congress or shared with the Senate, he lacks a broad foreign affairs lawmaking authority under Article II. The president's legislative role is limited to the duty to make legislative proposals, the power to make treaties, and the power to veto bills.
Geert De Baere
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199546688
- eISBN:
- 9780191719998
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546688.003.0007
- Subject:
- Law, EU Law
This chapter first addresses the question how far it can be said that the second pillar already forms part of the ‘new legal order’ established by the EC Treaty. It then considers whether the ...
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This chapter first addresses the question how far it can be said that the second pillar already forms part of the ‘new legal order’ established by the EC Treaty. It then considers whether the Constitution contained and the Treaty of Lisbon contains proposals that would helpfully move the CFSP in the direction of communitarization, by examining the potential applicability of primacy and direct effect in the second pillar and analysing the role that is proposed for the High Representative of the Union for Foreign Affairs and Security Policy (HRUFASP). Finally, the origins of the dichotomy between EC external relations and the CFSP are traced, and it considers whether this dichotomy accurately reflects the current legal and political situation of EU foreign policy.Less
This chapter first addresses the question how far it can be said that the second pillar already forms part of the ‘new legal order’ established by the EC Treaty. It then considers whether the Constitution contained and the Treaty of Lisbon contains proposals that would helpfully move the CFSP in the direction of communitarization, by examining the potential applicability of primacy and direct effect in the second pillar and analysing the role that is proposed for the High Representative of the Union for Foreign Affairs and Security Policy (HRUFASP). Finally, the origins of the dichotomy between EC external relations and the CFSP are traced, and it considers whether this dichotomy accurately reflects the current legal and political situation of EU foreign policy.
Martin S. Flaherty
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9780691179124
- eISBN:
- 9780691186122
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691179124.001.0001
- Subject:
- Political Science, International Relations and Politics
In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and ...
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In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, this book argues instead for a robust judicial role in the conduct of U.S. foreign policy. The book demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, the book shows that the Constitution's original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. The book explores how modern international relations makes the commitment to balance among the branches of government all the more critical and considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, the book makes the case for a zealous judicial defense of fundamental rights involving global affairs.Less
In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, this book argues instead for a robust judicial role in the conduct of U.S. foreign policy. The book demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, the book shows that the Constitution's original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. The book explores how modern international relations makes the commitment to balance among the branches of government all the more critical and considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, the book makes the case for a zealous judicial defense of fundamental rights involving global affairs.
Lawrence Collins
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199270583
- eISBN:
- 9780191710230
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199270583.003.0012
- Subject:
- Law, Legal History
Francis A. Mann was a solicitor in full-time practice who nevertheless had a more profound influence on the development of modern English case law than almost any academic writer. A discussion on ...
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Francis A. Mann was a solicitor in full-time practice who nevertheless had a more profound influence on the development of modern English case law than almost any academic writer. A discussion on Mann's contribution to the case law is particularly appropriate because he came to be a devoted admirer of the English legal system and its creative use of precedent. In addition, Mann was one of the last survivors of those outstanding lawyers who were forced to flee Germany (and later, Austria) after the advent of Adolf Hitler made the position of Jews, not only in their personal lives but also in academic, professional, and judicial life, intolerable. This chapter chronicles the life of Mann as a law practitioner in Germany and England, his handling of cases related to public international law and international monetary law, his work on the legal aspect of money, the doctrine of jurisdiction in international law, the law governing state contracts, problems faced in the courts in cases involving foreign affairs, conflict of laws, and arbitration.Less
Francis A. Mann was a solicitor in full-time practice who nevertheless had a more profound influence on the development of modern English case law than almost any academic writer. A discussion on Mann's contribution to the case law is particularly appropriate because he came to be a devoted admirer of the English legal system and its creative use of precedent. In addition, Mann was one of the last survivors of those outstanding lawyers who were forced to flee Germany (and later, Austria) after the advent of Adolf Hitler made the position of Jews, not only in their personal lives but also in academic, professional, and judicial life, intolerable. This chapter chronicles the life of Mann as a law practitioner in Germany and England, his handling of cases related to public international law and international monetary law, his work on the legal aspect of money, the doctrine of jurisdiction in international law, the law governing state contracts, problems faced in the courts in cases involving foreign affairs, conflict of laws, and arbitration.
Martin S. Flaherty
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9780691179124
- eISBN:
- 9780691186122
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691179124.003.0001
- Subject:
- Political Science, International Relations and Politics
This introductory chapter discusses the Youngstown Sheet ﹠ Tube Co. v. Sawyer (1952) case. Also known as the “Steel Seizure case,” Youngstown became controversial after President Truman, facing a ...
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This introductory chapter discusses the Youngstown Sheet ﹠ Tube Co. v. Sawyer (1952) case. Also known as the “Steel Seizure case,” Youngstown became controversial after President Truman, facing a national steelworkers strike during the Korean War, ordered an emergency federal takeover of steel mills to keep them running. The chapter reveals that, during this trial, Justice Robert Jackson wrote an opinion that has ever since served as a classic framework for thinking about how the judiciary should resolve rival claims of authority between the president and Congress. In addition, six unelected lawyers in black robes told a president of the United States that he was powerless to take an action he thought to be essential for conducting a war. Through this case, the chapter demonstrates the awesome power of the American judiciary to maintain the rule of law, the Constitution, and, with them, basic rights.Less
This introductory chapter discusses the Youngstown Sheet ﹠ Tube Co. v. Sawyer (1952) case. Also known as the “Steel Seizure case,” Youngstown became controversial after President Truman, facing a national steelworkers strike during the Korean War, ordered an emergency federal takeover of steel mills to keep them running. The chapter reveals that, during this trial, Justice Robert Jackson wrote an opinion that has ever since served as a classic framework for thinking about how the judiciary should resolve rival claims of authority between the president and Congress. In addition, six unelected lawyers in black robes told a president of the United States that he was powerless to take an action he thought to be essential for conducting a war. Through this case, the chapter demonstrates the awesome power of the American judiciary to maintain the rule of law, the Constitution, and, with them, basic rights.
Martin S. Flaherty
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9780691179124
- eISBN:
- 9780691186122
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691179124.003.0003
- Subject:
- Political Science, International Relations and Politics
This chapter argues that separation of powers was understood to apply to foreign no less than domestic affairs. In so doing, it provides a corrective for both the history of the Founding and certain ...
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This chapter argues that separation of powers was understood to apply to foreign no less than domestic affairs. In so doing, it provides a corrective for both the history of the Founding and certain Founding myths that later constitutional approaches have projected upon that history. The chapter first brings together two dominant accounts of the Constitution's origins. It then argues that separation of powers mattered more, not less, with regard to the national government's enhanced powers in foreign affairs. The constitutional text and debates together confirm that the Founders sought to divide foreign affairs powers among the three branches in the same original ways they had for authority seen as ordinarily domestic. As in domestic affairs, moreover, the expectation was for the judiciary to play a critical role, especially in checking the other branches, the better to reign in excess power and safeguard fundamental rights.Less
This chapter argues that separation of powers was understood to apply to foreign no less than domestic affairs. In so doing, it provides a corrective for both the history of the Founding and certain Founding myths that later constitutional approaches have projected upon that history. The chapter first brings together two dominant accounts of the Constitution's origins. It then argues that separation of powers mattered more, not less, with regard to the national government's enhanced powers in foreign affairs. The constitutional text and debates together confirm that the Founders sought to divide foreign affairs powers among the three branches in the same original ways they had for authority seen as ordinarily domestic. As in domestic affairs, moreover, the expectation was for the judiciary to play a critical role, especially in checking the other branches, the better to reign in excess power and safeguard fundamental rights.
Stanley Elkins and Eric McKitrick
- Published in print:
- 1995
- Published Online:
- October 2011
- ISBN:
- 9780195093810
- eISBN:
- 9780199854127
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195093810.003.0012
- Subject:
- History, American History: early to 18th Century
This chapter discusses George Washington's Farewell Address first given to the public through the newspapers in September 1796, prior to that year's presidential election. The Address excited a ...
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This chapter discusses George Washington's Farewell Address first given to the public through the newspapers in September 1796, prior to that year's presidential election. The Address excited a variety of responses from the very beginning, not all of them favorable. Perhaps too much attention has been given to the explicit principles which Washington was affirming, or seemed to be affirming, for the guidance of his fellow citizens and their posterity. Then, following a transitional passage on the importance of religion, public morality, maintenance of the public credit, and the cheerful payment of taxes, Washington moved to the final section of his message, which was on foreign affairs. Washington indicated how he himself had tried to follow certain rules, the basis for his policy having been the Neutrality Proclamation of April 1793.Less
This chapter discusses George Washington's Farewell Address first given to the public through the newspapers in September 1796, prior to that year's presidential election. The Address excited a variety of responses from the very beginning, not all of them favorable. Perhaps too much attention has been given to the explicit principles which Washington was affirming, or seemed to be affirming, for the guidance of his fellow citizens and their posterity. Then, following a transitional passage on the importance of religion, public morality, maintenance of the public credit, and the cheerful payment of taxes, Washington moved to the final section of his message, which was on foreign affairs. Washington indicated how he himself had tried to follow certain rules, the basis for his policy having been the Neutrality Proclamation of April 1793.
Hal Brands
- Published in print:
- 2008
- Published Online:
- September 2011
- ISBN:
- 9780813124629
- eISBN:
- 9780813134925
- Item type:
- chapter
- Publisher:
- University Press of Kentucky
- DOI:
- 10.5810/kentucky/9780813124629.003.0009
- Subject:
- Political Science, American Politics
This chapter discusses the question of whether the lack of a rhetorical paradigm in foreign policy might complicate the attempts of the administration to justify its individual diplomatic ...
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This chapter discusses the question of whether the lack of a rhetorical paradigm in foreign policy might complicate the attempts of the administration to justify its individual diplomatic initiatives. Strobe Talbott acknowledged the fact that if they were not motivated by a clear threat or a compelling goal, Americans tended to lose interest in foreign affairs. This discussion shows that the rhetorical shortcomings of Bill Clinton's strategy brought about a significant diminution of his power in foreign affairs. It also states that Clinton's inability to maintain control of U.S. policy indicated a failure to overcome the post-Cold War dilemma that he had inherited.Less
This chapter discusses the question of whether the lack of a rhetorical paradigm in foreign policy might complicate the attempts of the administration to justify its individual diplomatic initiatives. Strobe Talbott acknowledged the fact that if they were not motivated by a clear threat or a compelling goal, Americans tended to lose interest in foreign affairs. This discussion shows that the rhetorical shortcomings of Bill Clinton's strategy brought about a significant diminution of his power in foreign affairs. It also states that Clinton's inability to maintain control of U.S. policy indicated a failure to overcome the post-Cold War dilemma that he had inherited.
Martin S. Flaherty
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9780691179124
- eISBN:
- 9780691186122
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691179124.003.0010
- Subject:
- Political Science, International Relations and Politics
This chapter undertakes much the same task regarding foreign affairs matters that arise once a case has been accepted for review. Here, easily the most threatening potential wrong turn has concerned ...
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This chapter undertakes much the same task regarding foreign affairs matters that arise once a case has been accepted for review. Here, easily the most threatening potential wrong turn has concerned potential judicial deference to the executive's interpretations of agency regulations, international law, statutes, and the Constitution itself. In each of these areas, the pressures have grown only stronger for courts to cede their responsibility to say “what the law is” to executive officials, on the grounds of their supposed superior grasp of foreign affairs over judges. At times the Supreme Court, and courts below it, have bowed to such arguments. Yet in a series of landmark cases in the wake of 9/11, the Court has remained true to its constitutional role. This chapter relies throughout on the trilogy of Founding pledge, overall tradition, and international relations context to commend the justices' fidelity and contend that, if anything, they have not been steadfast enough.Less
This chapter undertakes much the same task regarding foreign affairs matters that arise once a case has been accepted for review. Here, easily the most threatening potential wrong turn has concerned potential judicial deference to the executive's interpretations of agency regulations, international law, statutes, and the Constitution itself. In each of these areas, the pressures have grown only stronger for courts to cede their responsibility to say “what the law is” to executive officials, on the grounds of their supposed superior grasp of foreign affairs over judges. At times the Supreme Court, and courts below it, have bowed to such arguments. Yet in a series of landmark cases in the wake of 9/11, the Court has remained true to its constitutional role. This chapter relies throughout on the trilogy of Founding pledge, overall tradition, and international relations context to commend the justices' fidelity and contend that, if anything, they have not been steadfast enough.
John W. Young
- Published in print:
- 1996
- Published Online:
- March 2012
- ISBN:
- 9780198203674
- eISBN:
- 9780191675942
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198203674.003.0008
- Subject:
- History, British and Irish Modern History
This chapter discusses the steps Winston Churchill took to propose a summit. It was part of Churchill's plan to achieve détente, despite the reservations of other world leaders. It looks at the ...
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This chapter discusses the steps Winston Churchill took to propose a summit. It was part of Churchill's plan to achieve détente, despite the reservations of other world leaders. It looks at the Foreign Affairs debate from May 11 to May 12, the Berlin Uprising, and the moment when Churchill presented his Cabinet, the FO, Britain's European allies, and the Americans with a fait accompli. It is noted that Churchill also suffered a stroke, but that this never dampened his hope of ending the Cold War once and for all.Less
This chapter discusses the steps Winston Churchill took to propose a summit. It was part of Churchill's plan to achieve détente, despite the reservations of other world leaders. It looks at the Foreign Affairs debate from May 11 to May 12, the Berlin Uprising, and the moment when Churchill presented his Cabinet, the FO, Britain's European allies, and the Americans with a fait accompli. It is noted that Churchill also suffered a stroke, but that this never dampened his hope of ending the Cold War once and for all.
F. A. Mann
- Published in print:
- 1986
- Published Online:
- March 2012
- ISBN:
- 9780198255642
- eISBN:
- 9780191681615
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198255642.001.0001
- Subject:
- Law, Public International Law
This book describes and analyses the attitudes and techniques which English judges adopt or ought to adopt when confronted with problems arising from the conduct of foreign policy by the Executive. ...
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This book describes and analyses the attitudes and techniques which English judges adopt or ought to adopt when confronted with problems arising from the conduct of foreign policy by the Executive. Its central theme, therefore, is the relationship of the Executive and the judiciary in matters involving foreign relations rather than the formulation of rules of substantive law, whether municipal or international law.Less
This book describes and analyses the attitudes and techniques which English judges adopt or ought to adopt when confronted with problems arising from the conduct of foreign policy by the Executive. Its central theme, therefore, is the relationship of the Executive and the judiciary in matters involving foreign relations rather than the formulation of rules of substantive law, whether municipal or international law.
