Theorizing the Foreign Affairs Constitution
Posted: 2 Feb 2012
Date Written: January 31, 2012
Abstract
This article applies international relations theory to derive estimates of the U.S. Constitution's provisions pertaining to foreign relations that Americans would have created in light of the United States' militarily weak condition at the time of founding. It then questions the value of originalism as a technique of constitutional interpretation with respect to the foreign affairs Constitution given the dramatic change in the world power status of the United States.
Keywords: Constitution, foreign relations, foreign affairs, originalism, international relations theory
JEL Classification: K00, K33
Suggested Citation: Suggested Citation
Lee, Thomas H., Theorizing the Foreign Affairs Constitution (January 31, 2012). Fordham Law Legal Studies Research Paper No. 1996734, Available at SSRN: https://ssrn.com/abstract=1996734 or http://dx.doi.org/10.2139/ssrn.1996734
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