The Constitution as Treaty: The International Legal Constructionalist Approach to the US Constitution

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9781107407848: The Constitution as Treaty: The International Legal Constructionalist Approach to the US Constitution

The Constitution as Treaty addresses U.S. constitutional interpretation from a novel, yet originalist perspective: the U.S. Constitution is a treaty. As a treaty, the Constitution must be construed in conformity with the United States' international legal obligations. This book specifically examines how federal courts are international courts and as international courts, how they can directly apply international law and construe federal law in conformity with international law. Most importantly, The Constitution as Treaty demonstrates that the federal courts' authority to review the constitutionality of federal and state law is based on international law.

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This book examines the U.S. Constitution on the basis that it acts as an international treaty, thus making the federal courts, in essence, international courts. As a treaty, the Constitution's provisions must be construed in conformity with the United States' international legal obligations. The Constitution as Treaty demonstrates that the federal courts' authority to review state and federal law is based on international law.

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Book Description CAMBRIDGE UNIVERSITY PRESS, United Kingdom, 2012. Paperback. Book Condition: New. Reprint. Language: English . Brand New Book ***** Print on Demand *****. The Constitution as Treaty transforms the conceptualization of US constitutional law by exploring the interpretive implications of viewing the US 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 is international law 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 US 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 sources not mentioned in Article III. The Constitution as Treaty concludes that federal courts generally must construe the United States international legal obligations liberally. Bookseller Inventory # AAV9781107407848

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Francisco Forrest Martin
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Book Description CAMBRIDGE UNIVERSITY PRESS, United Kingdom, 2012. Paperback. Book Condition: New. Reprint. Language: English . Brand New Book ***** Print on Demand *****.The Constitution as Treaty transforms the conceptualization of US constitutional law by exploring the interpretive implications of viewing the US 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 is international law 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 US 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 sources not mentioned in Article III. The Constitution as Treaty concludes that federal courts generally must construe the United States international legal obligations liberally. Bookseller Inventory # AAV9781107407848

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Book Description Cambridge University Press, 2016. Paperback. Book Condition: New. PRINT ON DEMAND Book; New; Publication Year 2016; Not Signed; Fast Shipping from the UK. No. book. Bookseller Inventory # ria9781107407848_lsuk

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Book Description Cambridge University Press. Paperback. Book Condition: New. Paperback. 230 pages. Dimensions: 9.1in. x 5.9in. x 0.6in.The Constitution as Treaty addresses U. S. constitutional interpretation from a novel, yet originalist perspective: the U. S. Constitution is a treaty. As a treaty, the Constitution must be construed in conformity with the United States international legal obligations. This book specifically examines how federal courts are international courts and as international courts, how they can directly apply international law and construe federal law in conformity with international law. Most importantly, The Constitution as Treaty demonstrates that the federal courts authority to review the constitutionality of federal and state law is based on international law. This item ships from multiple locations. Your book may arrive from Roseburg,OR, La Vergne,TN. Paperback. Bookseller Inventory # 9781107407848

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