Front Matter
Editorial Advisors
Title Page
Copyright Page
About Aspen Publishing
Dedication
Summary of Contents
Contents
Preface
Acknowledgments
Editorial Notice
Overview of International Law and Institutions
Part I. Introduction
Chapter 1. Historical and Conceptual Foundations
A. Constitutional Background
1. Declaration of Independence
2. Articles of Confederation
3. United States Constitution
Federalist No. 3 (Jay)
Federalist No. 4 (Jay)
Federalist No. 11 (Hamilton)
Federalist No. 15 (Hamilton)
Federalist No. 42 (Madison)
Federalist No. 75 (Hamilton)
Federalist No. 80 (Hamilton)
Notes and Questions
B. Neutrality Controversy of 1793
Proclamation, April 22, 1793
“Pacificus” No. 1
“Helvidius” Nos. 1, 2
Grand Jury Charge of John Jay
Neutrality Act of 1794
Notes and Questions
C. Nature of U.S. Foreign Relations Authority
Ex parte Merryman
Chinese Exclusion Case (Chae Chan Ping v. United States)
Carter v. Carter Coal Co.
United States v. Curtiss-Wright Export Corp.
Notes and Questions
Note on Approaches to Constitutional Interpretation
Part II. Government Institutions
Chapter 2. Courts and Foreign Relations
A. Jurisdiction over Foreign Relations Cases
B. Justiciability: Standing, Ripeness, Mootness
Campbell v. Clinton
Notes and Questions
C. Political Question Doctrine
Baker v. Carr
Goldwater v. Carter
Zivotofsky v. Clinton
Notes and Questions
D. Deference to the Executive Branch
Trump v. Hawaii
Notes and Questions
E. Act of State Doctrine
Banco Nacional de Cuba v. Sabbatino
Notes and Questions
F. Presumption Against Extraterritoriality
Morrison v. National Australia Bank Ltd.
Notes and Questions
G. International Comity and Abstention
Ungaro-Benages v. Dresdner Bank AG
Notes and Questions
Chapter 3. Congress and the President in Foreign Relations
A. Sources of Congressional Power
Fong Yue Ting v. United States
United States v. Clark
United States v. Bellaizac-Hurtado
Notes and Questions
B. Sources of Executive Power
President Monroe’s Annual Message to Congress, December 2, 1823
Theodore Roosevelt, An Autobiography
William Howard Taft, Our Chief Magistrate and His Powers
George W. Bush, The National Security Strategy of the United States of America (Sept. 2002)
Youngstown Sheet & Tube Co. v. Sawyer
Notes and Questions
C. Relationship Between Congress and the President
1. Congressional Support for Presidential Action
Dames & Moore v. Regan
Notes and Questions
2. Conflicts Between Congress and the President
Zivotofsky v. Kerry (Zivotofsky II)
Memorandum from Walter Dellinger, Assistant Attorney General, Office of Legal Counsel, to Abner J. Mikva, Counsel to the President, “Presidential Authority to Decline to Execute Unconstitutional Statutes” (Nov. 2, 1994)
Notes and Questions
Chapter 4. States and Foreign Relations
A. Statutory Preemption
Crosby v. National Foreign Trade Council
Arizona v. United States
Notes and Questions
B. Treaty Preemption
Clark v. Allen
Notes and Questions
C. Dormant and Executive Branch Preemption
Zschernig v. Miller
American Insurance Association v. Garamendi
Notes and Questions
Part III. International Law in the U.S. Legal System
Chapter 5. Treaties
A. Self-Execution
Foster v. Neilson
Asakura v. City of Seattle
Medellin v. Texas
Notes and Questions
B. Conflicts Between Treaties and Federal Statutes
Whitney v. Robertson
Cook v. United States
Notes and Questions
C. The Treaty Power and Federalism
Geofroy v. Riggs
Missouri v. Holland
Bond v. United States
Notes and Questions
D. Conditional Consent
Power Authority of New York v. Federal Power Commission
International Covenant on Civil and Political Rights
U.S. Reservations, Declarations, and Understandings, International Covenant on Civil and Political Rights
Notes and Questions
E. Treaty Interpretation and Reinterpretation
1. Treaty Interpretation
El Al Israel Airlines v. Tseng
Abbott v. Abbott
2. Treaty Reinterpretation
Memorandum from Charles J. Cooper, Assistant Attorney General, Office of Legal Counsel, to Abraham D. Sofaer, Legal Adviser, Department of State, “Relevance of Senate Ratification History to Treaty Interpretation”
Notes and Questions
F. Delegation of Authority to International Institutions
Sanchez-Llamas v. Oregon
Natural Resources Defense Council v. EPA
Notes and Questions
G. Suspension, Termination, and “Unsigning” of Treaties
Goldwater v. Carter
Withdrawal from the ABM Treaty
“Unsigning” of the Rome Statute
Notes and Questions
Chapter 6. Executive Agreements
A. Congressional-Executive Agreements
Made in the USA Foundation v. United States
Memorandum from Walter Dellinger, Assistant Attorney General, to Michael Kantor, U.S. Trade Representative
Letter from Senators Biden and Helms to Secretary of State Powell
Notes and Questions
B. Sole Executive Agreements
United States v. Belmont
U.S. State Department, Foreign Affairs Manual
Case-Zablocki Act
Notes and Questions
C. Political Commitments
1. The Atlantic Charter Joint Declaration by the President and Prime Minister (The Atlantic Charter)
2. Agreement with Iran Concerning Production of Nuclear Weapons Material
Joint Comprehensive Plan of Action
Notes and Questions
Chapter 7. Customary International Law
A. “Part of Our Law”
The Paquete Habana
Filartiga v. Pena-Irala
Notes and Questions
B. Alien Tort Statute: Nature and Source of the Cause of Action
Torture Victim Protection Act
Sosa v. Alvarez-Machain
Notes and Questions
C. Alien Tort Statute: Extraterritoriality and Corporate Liability
Kiobel v. Royal Dutch Petroleum Co.
Jesner v. Arab Bank
Notes and Questions
D. Foreign Sovereign Immunity
Saudi Arabia v. Nelson
Notes and Questions
Note on Diplomatic and Consular Immunity
E. Individual Official Immunity
Samantar v. Yousuf
Yousuf v. Samantar (Samantar II)
Notes and Questions
F. The Charming Betsy Canon
Ma v. Reno
Serra v. Lapin
Notes and Questions
G. Reliance on Foreign and International Materials in Constitutional Interpretation
Roper v. Simmons
Notes and Questions
Part IV. Crime, War, and Terrorism
Chapter 8. International Crime
A. The Constitution Abroad
Reid v. Covert
United States v. Verdugo-Urquidez
Notes and Questions
B. Extraterritorial Application of Federal Criminal Statutes
United States v. Yunis
United States v. Lawrence
Notes and Questions
C. Piracy
United States v. Dire
United States v. Ali
Notes and Questions
D. Extradition
Treaty on Extradition Between the United States of America and Canada
Lo Duca v. United States
Ntakirutimana v. Reno
Notes and Questions
E. Extraterritorial Abduction
United States v. Alvarez-Machain
Notes and Questions
Chapter 9. War Powers
A. Congress's Role in Authorizing War
1. Historical Background
Federalist No. 24 (Hamilton)
Federalist No. 25 (Hamilton)
Federalist No. 69 (Hamilton)
2. The Undeclared War with France
Bas v. Tingy
3. The War of 1812
Brown v. United States
4. The Vietnam War
Orlando v. Laird
Notes and Questions
B. The President's Independent Military Powers
1. The Mexican-American War
2. The Bombardment of Greytown
Durand v. Hollins
3. The Civil War
The Prize Cases
4. The Korean War
5. The U.S. Airstrikes Against Syria in 2017 and 2018
Memorandum Opinion from Steven A. Engel, Assistant Attorney General, Office of Legal Counsel, to the Attorney General, “April 2018 Airstrikes Against Syrian Chemical-Weapons Facilities”
Notes and Questions
C. Congress’s Authority to Regulate the President's Use of Force
Little v. Barreme
War Powers Resolution
War Crimes Act of 1996 (as amended)
Memorandum from Walter Dellinger, Assistant Attorney General, Office of Legal Counsel, to Alan J. Kreczko, Special Assistant to the President and Legal Adviser to the National Security Council, “Placing of United States Armed Forces Under United Nations Operational or Tactical Control”
Memorandum from Randolph D. Moss, Assistant Attorney General, to the Attorney General, “Authorization for Continuing Hostilities in Kosovo”
Testimony by Legal Adviser Harold Hongju Koh, U.S. Department of State, on Libya and War Powers, Before Senate Foreign Relations Committee
Notes and Questions
D. Covert Action
1. Historical Background
2. Statutory and Regulatory Framework
50 U.S.C. §3093. Presidential Approval and Reporting of Covert Actions
Executive Order 12,333: United States Intelligence Activities (as amended)
3. The 1998 Covert Action Against Osama Bin Laden
Final Report of the National Commission on Terrorist Attacks Upon the United States
Notes and Questions
E. War and Individual Liberties
1. The Civil War
Ex parte Milligan
2. World War II
Korematsu v. United States
Ex parte Endo
3. Vietnam War
New York Times Co. v. United States
Notes and Questions
Chapter 10. Terrorism
A. World War II Precedents
Ex parte Quirin
Johnson v. Eisentrager
Notes and Questions
B. Military Detention of Alleged Terrorists
Authorization for Use of Military Force
Hamdi v. Rumsfeld
Notes and Questions
C. Military Commission Trials
Hamdan v. Rumsfeld
Notes and Questions
D. Territorial Scope of Habeas Jurisdiction
Boumediene v. Bush
Notes and Questions
E. Interrogation and Targeted Killing
1. Coercive Interrogation
Third Geneva Convention Relative to the Treatment of Prisoners of War
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
U.S. Reservations, Declarations, and Understandings, Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, Cong. Rec. S17486-01
18 U.S.C. §2340
18 U.S.C. §2340A
Memorandum from Jay S. Bybee, Assistant Attorney General, Office of Legal Counsel, to Alberto R. Gonzales, Counsel to the President, “Standards of Conduct for Interrogation Under 18 U.S.C. §§2340-2340A”
Memorandum from Daniel Levin, Acting Assistant Attorney General, Office of Legal Counsel, to James B. Comey, Deputy Attorney General, “Legal Standards Applicable Under 18 U.S.C. §§2340-2340A”
Notes and Questions
2. Targeted Killing
Al-Aulaqi v. Obama
Speech by Harold Hongju Koh, State Department Legal Adviser, at the Annual Meeting of the American Society of International Law
Speech by Attorney General Eric Holder, at Northwestern University School of Law
Notes and Questions
Appendices
Appendix A. Articles of Confederation and Perpetual Union
Appendix B. Constitution of the United States
Appendix C. Select Jurisdictional Provisions
Appendix D. Foreign Sovereign Immunities Act
Table of Cases
Index