Abstract

http://ssrn.com/abstract=1134887
 
 

Footnotes (122)



 


 



An Originalism for Foreign Affairs?


Ingrid B. Wuerth


Vanderbilt University - Law School


St. Louis University Law Journal, Forthcoming
Vanderbilt Public Law Research Paper No. 08-13

Abstract:     
Legal scholarship on foreign affairs frequently focuses on the Constitution's text and original meaning, but generally does not fully engage debates about originalism as a method of modern constitutional interpretation. For its part, much of the scholarship defending originalism as a methodology has said little explicitly about foreign affairs. This short symposium contribution describes three contemporary normative arguments in favor of originalism - those advanced by Randy Barnett, Keith Whittington, and John McGinnis and Michael Rappaport - and then considers their application to foreign affairs. It concludes that these arguments are at best underdeveloped and at worst weak when it comes to many of constitutional issues that arise in the foreign affairs area. Originalists could clarify and strengthen their normative arguments if they focused greater attention on foreign affairs, particularly non-judicial constitutional interpretation, the relationship between executive and congressional power, and consequentialist problems that arise in this context. For foreign relations scholars, particularly those focused on history, this contribution is meant to encourage greater engagement with the methodology of contemporary constitutional interpretation.

Number of Pages in PDF File: 20

Keywords: foreign affairs, foreign relations, originalism, constitutional interpretation, Youngstown, war powers

Accepted Paper Series


Download This Paper

Date posted: May 20, 2008 ; Last revised: November 3, 2008

Suggested Citation

Wuerth, Ingrid B., An Originalism for Foreign Affairs?. St. Louis University Law Journal, Forthcoming; Vanderbilt Public Law Research Paper No. 08-13. Available at SSRN: http://ssrn.com/abstract=1134887

Contact Information

Ingrid B. Wuerth (Contact Author)
Vanderbilt University - Law School ( email )
131 21st Avenue South
Nashville, TN 37203-1181
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,022
Downloads: 226
Download Rank: 76,617
Footnotes:  122

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.281 seconds