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Globalism And The Constitution: Treaties, Non-Self-Execution, And The Original Understanding, John C. Yoo
Globalism And The Constitution: Treaties, Non-Self-Execution, And The Original Understanding, John C. Yoo
John C Yoo
As the globalization of society and the economy accelerates, treaties will come to assume a significant role in the regulation of domestic affairs. This Article considers whether the Constitution, as originally understood, permits treaties to directly regulate the conduct of private parties without legislative implementation. It examines the relationship between the treaty power and the legislative power during the colonial, revolutionary, Framing, and early national periods to reconstruct the Framers’ understandings. It concludes that the Framers believed that treaties could not exercise domestic legislative power without the consent of Congress, because of the Constitution’s creation of a national legislature that …
Treaties And Public Lawmaking: A Textual And Structural Defense Of Non-Self-Execution, John C. Yoo
Treaties And Public Lawmaking: A Textual And Structural Defense Of Non-Self-Execution, John C. Yoo
John C Yoo
This Rejoinder responds to Professors Flaherty and Vazquez by advancing textual and structural constitutional arguments in defense of the doctrine of non-self-executing treaties. It first responds by raising several historical and contextual problems with Professor Flaherty’s Response. It then argues that requiring congressional implementation of treaties that regulate matters within Congress’s Article I, Section 8 powers respects the Constitution’s basic separation of the legislative and executive powers. This approach also ensures that treaties, which are asserted to be free from the Constitution’s federalism and the separation of powers limitations, will not assume an unbounded legislative power, and it promotes the …