Derivative Foreign Relations Law

29 Pages Posted: 1 Sep 2023

See all articles by Jean Galbraith

Jean Galbraith

University of Pennsylvania Carey Law School

Date Written: August 11, 2023


We treat U.S. foreign relations law as a discrete body of law—and it is. But it is not independent. To the contrary, it relies on the same institutional actors that govern more generally: the President, Congress, the federal judiciary, administrative agencies, and sub-national governments. And far from being static, these institutions change radically over time in how they are constituted, in what internal rules they apply, and in what legal outputs they produce. The Trump Administration is a recent and painful example whose legacy continues to loom large, including on the Supreme Court. This symposium contribution considers what these broader institutional changes mean for foreign relations law.

Keywords: U.S. law, derivative foreign relations law, institutional actors, Supreme Court, institutional changes, the President, Congress, the federal judiciary, immigration, sub-national governments, foreign affairs governance, filibuster reform, democratic dysfunctions

Suggested Citation

Galbraith, Jean, Derivative Foreign Relations Law (August 11, 2023). U of Penn Law School, Public Law Research Paper No. 23-28, George Washington Law Review, Forthcoming, Available at SSRN:

Jean Galbraith (Contact Author)

University of Pennsylvania Carey Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States
215-746-4574 (Phone)


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