Imbalance of Powers: Constitutional Interpretation and the Making of American Foreign Policy

By Gordon Silverstein | Go to book overview

Notes

Introduction
1.
A concept developed by Arthur M. Schlesinger Jr., ( Schlesinger 1973, 1989).
2.
Glennon 1990; Koh 1990; Henkin 1990; Henkin, Glennon, and Rogers 1990, and Henkin 1975 are among the very few books that have focused on judicial doctrine in American foreign policy.
3.
Washington Post, 5 January 1995, A 10. This proposal echoed an earlier debate in Congress over the Bricker Amendment, a 1953 effort to regulate executive agreements with international organizations and, at the same time, to limit the treaty power, mandating that no law passed in pursuance of a treaty would be held constitutional if that law would not have passed constitutional scrutiny in the absence of the treaty. This episode is considered in Chapter 3, and is carefully analyzed in Tananbaum 1988.
4.
The proposed amendment was attached to H.R. 1561, Fiscal 1996-97 Foreign Aid and State Department Authorization.
5.
Gingrich, Congressional Record, House, 7 June 1995, H 5672.
6.
The Bosnian debate in the summer of 1995 is particularly remarkable for the absence of argument over Constitutional powers and constitutional interpretation--the focus of much passion in the debate over the repeal of the War Powers Resolution. See the Congressional Record for 26 July 1995 in the Senate, and for 1 August 1995 in the House.
7.
Nunn, Congressional Record, Senate, 13 December 1995, S18494.
8.
Cohen, Congressional Record, Senate, 12 December 1995, S18428, S18431.
9.
This conclusion, that political problems require political solutions, contrasts with that of some legal scholars that the failure was poorly written statutes, and that the answer ties in better laws.

-225-

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