The Constitution's Text in Foreign Affairs

Preface vii Introduction: A Textual Theory of Foreign Affairs Law 1(12) I. Sources of National Power Do Foreign Affairs Powers Come from the Constitution? Curtiss-Wright and the Myth of Inherent Powers 13(16) Foreign Affairs and the Articles of Confederation: The Constitution in Context 29(22) II. Presidential Power in Foreign Affairs The Steel Seizure Case and Executive Power over Foreign Affairs 51(23) Executive Foreign Affairs Power and the Washington Administration 74(17) Steel Seizure Revisited: The Limits of Executive Power 91(24) Executive Power and Its Critics 115(20) III. Shared Powers of the Senate The Executive Senate: Treaties and Appointments 135(20) Goldwater v. Carter: Do Treaties Bind the President? 155(19) The Non-treaty Power: Executive Agreements and United States v. Belmont 174(23) IV. Congress's Foreign Affairs Powers Legislative Power in Foreign Affairs: Why NAFTA Is (Sort of) Unconstitutional 197(21) The Meanings of Declaring War 218(21) Beyond Declaring War: War Powers of Congress and the President 239(20) V. States and Foreign Affairs Can States Have Foreign Policies? Zschernig v. Miller and the Limits of Framers' Intent 259(24) States versus the President: The Holocaust Insurance Case 283(17) Missouri v. Holland and the Seventeenth Amendment 300(21) VI. Courts and Foreign Affairs Judging Foreign Affairs: Goldwater v. Carter Revisited 321(21) The Paquete Habana: Is International Law Part of Our Law? 342(20) Courts, Presidents, and International Law 362(15) Conclusion: The Textual Structure of Foreign Affairs Law 377(8) Notes 385(100) Index 485