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Author:   David Sloss (Professor of Law and Director of the Center for Global Law and Policy, Professor of Law and Director of the Center for Global Law and Policy, Santa Clara University School of Law)
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Dimensions:   Width: 23.70cm , Height: 3.00cm , Length: 15.30cm
Weight:   0.712kg
ISBN:  

9780197651797

ISBN 10:   0197651798
Pages:   480
Publication Date:   13 December 2022
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

List of Tables Acknowledgments Introduction Part One: Treaty Supremacy at the Founding Chapter One: The Origins of Treaty Supremacy, 1776-1787 Chapter Two: State Ratification Debates Chapter Three: Treaty Supremacy in the 1790s Part Two: Treaty Supremacy from 1800 to 1945 Chapter Four: Foster v. Neilson Chapter Five: Treaties and State Law Chapter Six: Self-Execution in the Political Branches Chapter Seven: Self-Execution in the Federal Courts Chapter Eight: Seeds of Change Part Three: The Human Rights Revolution Chapter Nine: Human Rights Activism in the United States: 1946-48 Chapter Ten: The Nationalists Strike Back: 1949-51 Chapter Eleven: Fujii, Brown and Bricker: 1952-54 Chapter Twelve: Business as Usual in the Courts: 1946-65 Chapter Thirteen: The American Law Institute and the Restatement of Foreign Relations Law Part Four: Treaty Supremacy and Constitutional Change Chapter Fourteen: Treaty Supremacy in the 21st Century Chapter Fifteen: Invisible Constitutional Change List of Abbreviations Used in Endnotes Endnotes Bibliography Index

Reviews

[The Death of Treaty Supremacy] is necessary reading for all who study, practice or teach in the fields of international or foreign relations law or otherwise want or need to understand the role of treaties in the U.S. legal system. * David Stewart, Georgetown University Law Center, American Journal of International Law * The 1783 Peace Treaty was the foundation stone of the nation, which is why the U.S. Constitution commands that treaties 'shall be the supreme law of the Land,' co-equal to the Constitution and Congress's laws. In this book, David Sloss shows how, after World War II, American conservatives' hostility to human rights treaties undermined and then neutered the constitutional command of treaty supremacy. Sloss' account of this constitutional mutiny is powerful, thought-provoking, and timely. -Thomas H. Lee, Leitner Family Professor of International Law, Fordham University Law School The Death of Treaty Supremacy makes a major contribution to our understanding of American constitutionalism. It demonstrates the evolutionary nature of constitutional law, identifies the complex practical forces that drive its evolution, and highlights yet another flaw in constitutional 'originalism.' It shows that historical changes have transformed the Constitution's meaning even on an issue where the 'original' meaning was actually clear and specific * that properly ratified treaties are 'supreme' over state law. -Edward A. Purcell Jr., Joseph Solomon Distinguished Professor of Law, New York Law School * In The Death of Treaty Supremacy, one of the nation's foremost treaty law scholars tells a story of interest to all who care about constitutional change. It's a story of constitutional change driven by political and legal elites rather than courts, largely unnoticed even among the wider legal community, yet with significant implications for U.S. foreign relations law. The book is a fascinating contribution to not just treaty law, but to constitutional law as a whole. -Michael D. Ramsey, Hugh and Hazel Darling Foundation Professor of Law, University of San Diego School of Law David Sloss has written a fascinating case study on a central constitutional queystion - how does the interpretation of the constitution change? Moreover, Sloss has taken as his example a pressing issue of contemporary constitutional debate- the role of treaties as domestic law in state and federal courts. His fine-grained and wide-reaching research and his thoughtful analysis benefits us all. -Judith Resnik, Arthur Liman Professor of Law, Yale University Law School A superior study, deservedly awarded the Certificate of Merit in Creative Scholarship by the American Society of International Law in 2017. - Jus Gentium

[The Death of Treaty Supremacy] is necessary reading for all who study, practice or teach in the fields of international or foreign relations law or otherwise want or need to understand the role of treaties in the U.S. legal system. -- David Stewart, Georgetown University Law Center, American Journal of International Law The 1783 Peace Treaty was the foundation stone of the nation, which is why the U.S. Constitution commands that treaties 'shall be the supreme law of the Land, ' co-equal to the Constitution and Congress's laws. In this book, David Sloss shows how, after World War II, American conservatives' hostility to human rights treaties undermined and then neutered the constitutional command of treaty supremacy. Sloss' account of this constitutional mutiny is powerful, thought-provoking, and timely. -Thomas H. Lee, Leitner Family Professor of International Law, Fordham University Law School The Death of Treaty Supremacy makes a major contribution to our understanding of American constitutionalism. It demonstrates the evolutionary nature of constitutional law, identifies the complex practical forces that drive its evolution, and highlights yet another flaw in constitutional 'originalism.' It shows that historical changes have transformed the Constitution's meaning even on an issue where the 'original' meaning was actually clear and specific--that properly ratified treaties are 'supreme' over state law. -Edward A. Purcell Jr., Joseph Solomon Distinguished Professor of Law, New York Law School In The Death of Treaty Supremacy, one of the nation's foremost treaty law scholars tells a story of interest to all who care about constitutional change. It's a story of constitutional change driven by political and legal elites rather than courts, largely unnoticed even among the wider legal community, yet with significant implications for U.S. foreign relations law. The book is a fascinating contribution to not just treaty law, but to constitutional law as a whole. -Michael D. Ramsey, Hugh and Hazel Darling Foundation Professor of Law, University of San Diego School of Law David Sloss has written a fascinating case study on a central constitutional queystion - how does the interpretation of the constitution change? Moreover, Sloss has taken as his example a pressing issue of contemporary constitutional debate- the role of treaties as domestic law in state and federal courts. His fine-grained and wide-reaching research and his thoughtful analysis benefits us all. -Judith Resnik, Arthur Liman Professor of Law, Yale University Law School A superior study, deservedly awarded the Certificate of Merit in Creative Scholarship by the American Society of International Law in 2017. - Jus Gentium

Author Information

David L. Sloss is Professor of Law at Santa Clara University School of Law. His scholarship focuses on the application of international law in domestic courts, with specializations in international human rights, treaties, U.S. foreign relations law, and constitutional law. He is the editor of The Role of Domestic Courts in Treaty Enforcement: A Comparative Study (2009), and co-editor of International Law in the U.S. Supreme Court: Continuity and Change (2011). He has published numerous articles on the history of U.S. foreign affairs law and the judicial enforcement of treaties in domestic courts. Professor Sloss received his B.A. from Hampshire College, his M.P.P. from the Kennedy School of Government at Harvard, and his J.D. from Stanford Law School. He taught for nine years at Saint Louis University School of Law. Before he was a law professor, he worked for the U.S. government on arms control and nuclear proliferation issues.

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