Defining and Punishing Abroad: Constitutional Limits on the Extraterritorial Reach of the Offenses Clause

Posted: 14 Jan 2014

See all articles by Zephyr Teachout

Zephyr Teachout

Fordham University School of Law

Date Written: January 1, 1999

Abstract

The Offenses Clause is unlike other constitutional clauses because it refers to a body of law independent of federal or state law and the American democratic process: the law of nations. This Note concludes that this unique reference implies unique limitations. Since the Offenses Clause incorporates principles of customary international law into the Constitution, Congress must abide by those principles when it relies on the Offenses Clause as the sole source of authority for legislation.

Suggested Citation

Teachout, Zephyr, Defining and Punishing Abroad: Constitutional Limits on the Extraterritorial Reach of the Offenses Clause (January 1, 1999). Duke Law Journal, Vol. 48, No. 1305, 1999. Available at SSRN: https://ssrn.com/abstract=2378547

Zephyr Teachout (Contact Author)

Fordham University School of Law ( email )

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New York, NY 10023
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