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Constitutional Diplomacy

Michael J. Glennon

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Princeton University Press img Link Publisher

Sozialwissenschaften, Recht, Wirtschaft / Politikwissenschaft

Beschreibung

Challenging those who accept or advocate executive supremacy in American foreign-policy making, Constitutional Diplomacy proposes that we abandon the supine roles often assigned our legislative and judicial branches in that field. This book, by the former Legal Counsel to the Senate Foreign Relations Committee, is the first comprehensive analysis of foreign policy and constitutionalism to appear in over fifteen years. In the interval since the last major work on this theme was published, the War Powers Resolution has ignited a heated controversy, several major treaties have aroused passionate disagreement over the Senate's role, intelligence abuses have been revealed and remedial legislation debated, and the Iran-Contra affair has highlighted anew the extent of disagreement over first principles. Exploring the implications of these and earlier foreign policy disputes, Michael Glennon maintains that the objectives of diplomacy cannot be successfully pursued by discarding constitutional interests. Glennon probes in detail the important foreign-policy responsibilities given to Congress by the Constitution and the duty given to the courts of resolving disputes between Congress and the President concerning the power to make foreign policy. He reviews the scope of the prime tools of diplomacy, the war power and the treaty power, and examines the concept of national security. Throughout the work he considers the intricate weave of two legal systems: American constitutional principles and the international law norms that are part of the U.S. domestic legal system.

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Schlagwörter

Authorization, Statutory interpretation, War Powers Resolution, Joint resolution, Provision (contracting), Concurrence, Amendment, Plaintiff, Veto, Statutory authority, United States v. Nixon, Federal government of the United States, Chief Justice, Foreign policy, Chairman, Standing (law), Member of Congress, Prerogative, United States Constitution, Customary international law, Executive privilege, Treaty, United States Senate, National security, Ratification, Legislative history, Judiciary, Plenary power, United States Armed Forces, Law of the United States, Rule of law, Supreme Court of the United States, Constitutional law, Discretion, Precedent, United States Senate Committee on Foreign Relations, Advice and consent, United States federal judge, Constitutionality, Executive agreement, Constitutionalism, Vienna Convention on the Law of Treaties, Legislator, Statute, Contract, Louis Henkin, Consideration, Legislative intent, President of the United States, Declaration of war, International Court of Justice, War, Legislative veto, Legislature, Recommendation (European Union), Act of Congress, Adjudication, Baker v. Carr, Foreign relations, Thomas Jefferson, Goldwater v. Carter, Congressional oversight, Acquiescence, Hostility, Legislation, Separation of powers, Requirement, International law, Foreign policy of the United States, United States Department of State