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The Constitution as Treaty
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The Constitution as Treaty
By
Francisco Forrest Martin
Description
The
Constitution as Treaty transforms the conceptualization of U.S.
constitutional law by exploring the interpretive implications of
viewing the U.S. Constitution as a treaty. It argues that federal
courts constitute an international tribunal system, and, as such,
their jurisdiction is governed by international law enabling them to
exercise judicial review authority and undercutting much of the
judicial activist critique. The Constitution as Treaty continues with
an examination of what is international law and its major
interpretive principles in order to set the stage for examining how
different sources and principles of international law are
intrinsically integrated into U.S. constitutional law and, thereby,
are available to federal courts for deciding cases. It addresses the
Charming Betsy Rule, the non-self-execution doctrine, the
last-in-time rule, and the proper use of customary international law
and other international law sources not mentioned in Article III. The
Constitution as Treaty concludes that federal courts generally must
construe the United States\\\' international legal obligations
liberally.
Contents
Introduction;
Part I. United States Courts as International Courts: 1. Final
judicial review authority of federal and other international courts;
2. The fallacy of federal judicial activism in light of international
law’s non liquet prohibition principle; Part II. International
Law: 3. The positive law of nations and its interpretive principles;
4. The natural law of nations; Part III. United States Law as
International Law: 5. Article III, international legal
interpretation; 6. Extra-Article III, international legal
interpretation; 7. The General Liberal Construction Rule: extending
Lynham to other Article III and Extra-Article III international law;
Conclusion.
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