The President is Bound by International Law
81 American Journal of International Law 377 (1987)
5 Pages Posted: 10 Jun 2014
Date Written: June 9, 2014
This short article addresses views of Founders, Framers, and opinions of the U.S. courts that were uniform in agreement that the President of the United States and all within the Executive branch are bound by customary and treaty-based international law. The constitutional basis for this requirement is Article II, Section 3 of the Constitution (“he shall take Care that the Laws be faithfully executed”). Subsequent Supreme Court cases are explored in other writings.
Keywords: bound, CIL, Constitution, customary law, Executive, faithfully execute, Founders, Framers, international law, Paquete Habana, President, take care clause, treaty
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