I’m glad to report that Professor Curtis A. Bradley (Chicago) I’ll be guest blogging about his new book next week. Here is the publisher’s summary of this book:
New interpretations of the Foreign Relations Constitution have been developed by presidents and Congress throughout its history.
More than 230 years have passed since the Constitution came into force, and the constitutional law governing foreign affairs has evolved significantly. But that evolution did not come through formal amendments or Supreme Court decisions. Rather, the law is defined by the practices of Congress and the executive branch, sometimes referred to as its “historical gloss.”
Curtis A. Bradley documents this process in action. He showed that while presidential expansion of foreign power is often justified by reference to historical virtues, Congress has not simply been sidelined. Contrary to the traditional description of the “imperial president” in foreign affairs, Congress also asserts its authority in the international arena not explicitly addressed in the constitutional text, a gloss that disrupts the president’s claims to exclusive authority. have benefited from.
Historical luster and foreign affairs We propose a constitutional theory that can help us understand these legal reforms. In contrast, originalist theories of constitutional interpretation often ignore influential developments since the founding of the nation, and non-originalist theories tend to focus on judicial decisions rather than the actions and reasoning of Congress and the executive branch. there is. Moreover, practice-focused constitutional theories have typically emphasized change in specific moments.
However, what can be seen in the constitution in foreign affairs is a long accumulation of non-judicial precedents, which is a characteristic of historical luster. Having identified gloss as a driving force in the development of foreign law, we can begin to recognize its broader status as an important and long-standing form of constitutional argument.
And here’s the blurb on the jacket:
“An instant classic. As the nation’s foremost authority on constitutional law and foreign affairs, Kurt Bradley has written the single best book on the subject. Historical luster and foreign affairs A must-read for anyone interested in understanding how constitutions develop, this book could not be more timely. ”―Michael Gerhardt, University of North Carolina School of Law
“Wonderful. Kurt Bradley explains with acuity and nuance how the president became so powerful and how Congress can check him when it wants. How wonderful. It must be a book!”―Jean Galbraith, University of Pennsylvania Carey School of Law
”Historical luster and foreign affairs This book is a definitive account of the unique ways in which historical practice is reflected in the constitutional distribution of power in foreign affairs, but constitutional text is a poor guide to legitimate practice. Very often. This powerful account of how historical gloss informs constitutional meaning is also an important contribution to constitutional theory more generally. ”―Jack Goldsmith, Harvard Law School
“One of the best books on U.S. foreign relations law ever written. Bradley provides brilliant analysis on all important topics and provides a persuasive account of the role of historical gloss in forming doctrine.” making a claim.”―Paul Stephens, University of Virginia School of Law
“An incisive guide to how the Constitution has responded to, and continues to respond to, dramatic changes in diplomatic conduct throughout its history.”―Monica Hakimi, Columbia University School of Law
