Theorizing the Foreign Affairs Constitution
Thomas H. Lee
Fordham University School of Law; Harvard Law School
January 31, 2012
Fordham Law Legal Studies Research Paper No. 1996734
This article applies international relations theory to derive estimates of the U.S. Constitution's provisions pertaining to foreign relations that Americans would have created in light of the United States' militarily weak condition at the time of founding. It then questions the value of originalism as a technique of constitutional interpretation with respect to the foreign affairs Constitution given the dramatic change in the world power status of the United States.
Number of Pages in PDF File: 34
Keywords: Constitution, foreign relations, foreign affairs, originalism, international relations theory
JEL Classification: K00, K33working papers series
Date posted: February 2, 2012
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