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Full-Text Articles in Law
International Dealmaking At The White House: Toward A Viable Test Of Allowable Sole Executive Agreements, Joshua Abbuhl
International Dealmaking At The White House: Toward A Viable Test Of Allowable Sole Executive Agreements, Joshua Abbuhl
National Security Law Program
The Constitution's Treaty Clause states that the President "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur." This clause represents the only instance in which the Constitution describes a process by which the United States can conclude agreements with foreign governments. However, the President regularly enters international agreements on his own authority and without the assent of a supermajority of the Senate. This Note explores when the President may lawfully enter such agreements, known as "sole executive agreements."
Use Of Force And Constitutionalism, Lori Fisler Damrosch
Use Of Force And Constitutionalism, Lori Fisler Damrosch
Faculty Scholarship
Are constitutional democracies more inclined than other kinds of regimes to observe the international law of the United Nations Charter on use of force? Are they relatively more vulnerable to unlawful behavior by others? How can constitutional democracies ensure fidelity to their underlying constitutional principles when they engage in multinational military operations for preservation or restoration of international peace? These and related questions at the intersection of the international and national legal orders merit careful attention as political structures around the world undergo post-Cold War transformation.