Title The death of treaty supremacy : an invisible constitutional change / David L. Sloss

Edition First edition Published New York, NY : Oxford University Press, 2016

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Description 1 online resource Contents Cover; The Death of Treaty Supremacy; Copyright; Dedication; Contents; List of Tables; Acknowledgments; Introduction; I. The Substance of Transformation; II. The Rhetoric of Transformation; III. The Politics of Transformation; IV. Organization of the Book; Part One Treaty Supremacy at the Founding; 1. The Origins of Treaty Supremacy: 1776-1787; I. Treaty Violations under the Articles of Confederation; II. Rutgers v. Waddington; III. John Jay's Report to Congress; IV. The Constitutional Convention; V. The Constitution's Text; 2. State Ratification Debates I. The Treaty Power, Navigation Rights, and the Mississippi RiverII. Treaty Supremacy and State Law; III. The House of Representatives and Treaty Implementation; 3. Treaty Supremacy in the 1790s; I. Ware v. Hylton; II. The Jay Treaty Debates; Part Two Treaty Supremacy from 1800 to 1945; 4. Foster v. Neilson; I. The First Two Holdings in Foster; II. Treaty Supremacy in Foster; III. Historical Context; IV. The Self-. Execution Issue in Foster; 5. Treaties and State Law; I.U.S. Supreme Court Cases Involving Conflicts between Treaties and State Law II. State Court Cases Involving Conflicts between Treaties and State LawIII. Congressional Deliberations about Treaties and Federalism; IV. Executive Branch Materials; 6. Self-Execution in the Political Branches; I. Congressional Debates about Self-Execution; II. Executive Branch Practice: NSE Clauses in Treaties; III. Attorney General Opinions; 7. Self-Execution in the Federal Courts; I. Supreme Court Cases That Use the Term "Self- Executing"; II. Six Landmark Cases on Self-Execution; III. Supreme Court Cases That Cite Foster, Head Money, or Both IV. Federal Appellate Cases Related to Self-ExecutionV. The Problem of Overlapping Jurisdiction; 8. Seeds of Change; I. Edwin Dickinson and the Liquor Treaties; II. The Rise of Executive Discretion in Foreign Affairs; III. Is the Intent Doctrine Constitutional?; IV. Preemption Doctrine, Self-Execution, and Treaty Supremacy; Part Three The Human Rights Revolution; 9. Human Rights Activism in the United States: 1946-1948; I. The Advent of Modern International Human Rights Law; II. International Human Rights and U.S. Diplomacy III. International Human Rights Activism: Petitioning the United NationsIV. Domestic Human Rights Litigation; V. The Truman Administration Charts a Middle Path; VI. The Courts and Human Rights; VII. Conservative Reaction: The American Bar Association; 10. The Nationalists Strike Back: 1949-1951; I. The U.N. Commission on Human Rights; II. The Genocide Convention; III. State Court Litigation: The Fujii Case; IV. Scholarly Commentary on Fujii; V. Early Steps toward a Constitutional Amendment; VI. Major Civil Rights Cases Decided in June 1950; 11. Fujii, Brown, and Bricker: 1952-1954 Summary This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The traditional supremacy rule provided that all treaties supersede conflicting state laws; it precluded state governments from violating U.S. treaty obligations. Before 1945, treaty supremacy and self-execution were independent doctrines. Supremacy governed the relationship between treaties and state law. Self-execution governed the division of power over treaty implementation between Congress and the President Bibliography Includes bibliographical references and index Notes Online resource; title from PDF title page (EBSCO, viewed September 19, 2016) Subject Treaty-making power -- United States -- States International relations -- States Federal government -- United States. Constitutional law -- United States -- States States' rights (American politics) -- History Separation of powers -- United States LAW -- Constitutional. LAW -- Public. Constitutional law -- U.S. states Diplomatic relations -- Law and legislation Federal government Separation of powers States' rights (American politics) United States of America. Charter of the United Nations (San Francisco, 26 June 1945). Rule of law. Treaties. Human rights. International law and national law. Legal history. Laws of specific jurisdictions & specific areas of law. Law. SUBJECT United States -- Foreign relations -- Law and legislation. http://id.loc.gov/authorities/subjects/sh85140109 Subject United States Genre/Form History Form Electronic book ISBN 0199364036 9780199364039 9780199364053 0199364052

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