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Full-Text Articles in Law
Being Seen Like A State: How Americans (And Britons) Built The Constitutional Infrastructure Of A Developing Nation, Daniel J. Hulsebosch
Being Seen Like A State: How Americans (And Britons) Built The Constitutional Infrastructure Of A Developing Nation, Daniel J. Hulsebosch
William & Mary Law Review
This Article develops the argument that the Federal Constitution of 1787 was conceptualized, drafted, and put into operation not only for American citizens but also for foreign audiences. In a world without supranational governing institutions, a constitution—at least, the Federal Constitution—might serve to promote peaceable international relations based on reciprocal trade and open credit. That at least was the Enlightenment-inflected hope.
Did it work? If early Americans engaged in constitution-making in large part to demonstrate their capacity for self-government, selfdiscipline, and commercial openness to foreign audiences, did anyone notice? Or was it all, regardless of diplomatic purposes and consistent with …
Congress's Treaty-Implementing Power In Historical Practice, Jean Galbraith
Congress's Treaty-Implementing Power In Historical Practice, Jean Galbraith
William & Mary Law Review
Historical practice strongly influences constitutional interpretation in foreign relations law, including most questions relating to the treaty power. Yet it is strikingly absent from the present debate over whether Congress can pass legislation implementing U.S. treaties under the Necessary and Proper Clause. Drawing on previously unexplored sources, this Article considers the historical roots of Congress’s power to implement U.S. treaties between the Founding Era and the seminal case of Missouri v. Holland in 1920. It shows that time after time, members of Congress understood the Necessary and Proper Clause to provide a constitutional basis for a congressional power to implement …
Baghdad, Tokyo, Kabul….Constitution Making In Occupied States, Zachary Elkins, Tom Ginsburg, James Melton
Baghdad, Tokyo, Kabul….Constitution Making In Occupied States, Zachary Elkins, Tom Ginsburg, James Melton
William & Mary Law Review
No abstract provided.
What's In A Name? Reflections On Timing, Naming, And Constitution-Making, Vicki C. Jackson
What's In A Name? Reflections On Timing, Naming, And Constitution-Making, Vicki C. Jackson
William & Mary Law Review
No abstract provided.
Quintessential Elements Of Meaningful Constitutions In Post-Conflict States, William W. Van Alstyne
Quintessential Elements Of Meaningful Constitutions In Post-Conflict States, William W. Van Alstyne
William & Mary Law Review
No abstract provided.
Expanding Participation In Constitution Making: Challenges And Opportunities, Angela M. Banks
Expanding Participation In Constitution Making: Challenges And Opportunities, Angela M. Banks
William & Mary Law Review
No abstract provided.
Conciliatory Institutions And Constitutional Processes In Post-Conflict States, Donald L. Horowitz
Conciliatory Institutions And Constitutional Processes In Post-Conflict States, Donald L. Horowitz
William & Mary Law Review
No abstract provided.