Constitutional Custom Reconsidered
Michael J. Glennon
Tufts University - The Fletcher School of Law and Diplomacy
October 8, 2011
Harvard Foreign Relations Law Workshop: Historical Practice and the President’s War Powers, October 2011
This paper, prepared for a Harvard Law School workshop on the effect of historical practice on the President’s war powers, outlines some of the difficulties in looking to custom as a constitutional source of authority and suggests that differences between the international and constitutional legal systems argue against weighting custom as heavily domestically as it is weighted internationally.
Number of Pages in PDF File: 6Accepted Paper Series
Date posted: September 19, 2011
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