Constitutional Custom Reconsidered

Glennon, Michael J.

Abstract

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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

Abstract:
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: 6

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Date posted: September 19, 2011

Suggested Citation

Glennon, Michael J., Constitutional Custom Reconsidered (October 8, 2011). Harvard Foreign Relations Law Workshop: Historical Practice and the President’s War Powers, October 2011. Available at SSRN: http://ssrn.com/abstract=1930352

Contact Information

Michael J. Glennon (Contact Author)

Tufts University - The Fletcher School of Law and Diplomacy ( email )

Medford, MA 02155
United States