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The Charming Betsy Canon, American Legal Doctrine, And The Global Rule Of Law, Justin Hughes
The Charming Betsy Canon, American Legal Doctrine, And The Global Rule Of Law, Justin Hughes
Vanderbilt Journal of Transnational Law
In the 1803 The Schooner Charming Betsy case, Chief Justice Marshall announced a canon of interpretation that "an act of Congress ought never to be construed to violate the laws of nations if any other possible construction remains." The Charming Betsy canon has become as venerable as its name is felicitous: as recently as 1988 the Supreme Court noted that the doctrine "has for so long been applied by this Court that it is beyond debate."
After exploring the traditional justifications for Charming Betsy, this Article proposes that the canon should be justified, not just by Congressional intent or separation …