'Foreign Affairs Federalism' studies the constitutional allocation of foreign affairs powers between the federal government and the states. It explains the current law clearly and accessibly, identifying those areas where the law can be confidently ascertained. Where the law cannot be determined, the authors suggest the most plausible or compelling perspectives on existing doctrine
'Foreign Affairs Federalism' studies the constitutional allocation of foreign affairs powers between the federal government and the states. It explains the current law clearly and accessibly, identifying those areas where the law can be confidently ascertained. Where the law cannot be determined, the authors suggest the most plausible or compelling perspectives on existing doctrine
Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law.
Why empower States? -- States, Cities, and Globalization -- Constitutional methodology and the role of the courts -- Dormant foreign-affairs preemption -- Dormant foreign commerce preemption -- The treaty power -- Federal common law and state power -- Federal approval : the compact clause -- Federal disapproval : preemption -- A case study : states as cyber-defenders -- Conclusion
Problem melden