Defining and Punishing Abroad: Constitutional Limits on the Extraterritorial Reach of the Offenses Clause
Posted: 14 Jan 2014
Date Written: January 1, 1999
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: Suggested Citation