The Delegation of Federal Power to International Organizations: New Problems with Old Solutions
75 Pages Posted: 27 Jan 2006
This Article proposes a framework for analyzing the constitutional issues raised by relationships between the United States and international organizations. The constitutional issues implicated in these relationships are most usefully understood as international delegations. An international delegation is the transfer of constitutionally-assigned federal powers-treaty-making, legislative, executive, and judicial powers-to an international organization. This Article evaluates the propriety of these delegations by incorporating analysis from existing commentary on the constitutional framework for separation of powers and federalism. On the other hand, it also recognizes that international organizations pose special constitutional problems that not even traditional modes of constitutional analysis can easily resolve.
Keywords: international law, constitutional law
JEL Classification: k30, k33
Suggested Citation: Suggested Citation