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6 - Treaties in the Supreme Court, 1901–1945

Published online by Cambridge University Press:  05 July 2011

Michael P. Van Alstine
Affiliation:
University of Maryland School of Law
David L. Sloss
Affiliation:
Santa Clara University, California
Michael D. Ramsey
Affiliation:
University of San Diego School of Law
William S. Dodge
Affiliation:
University of California, Hastings College of Law
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Summary

The foreign affairs law of the United States in the decades immediately following the turn of the twentieth century was subject to immense forces of change. Victory in the Spanish-American War at the very end of the prior century – and the consequent acquisition of territories from the Caribbean to the western Pacific – represented a definitive moment in the transformation of the United States from a regional to a global power. The country's dramatic rise as an economic and military force led to an increasing engagement (or entanglement) in world affairs. By the end of World War II the United States was one of only two global superpowers.

These events occurred amid a profoundly expanding faith in international legal cooperation and specifically in the regulatory power of treaties. Before the late nineteenth century, treaties usually served to end wars and settle boundaries, with the prominent exception of early treaties of friendship, commerce, and navigation. The years surrounding the turn of the twentieth century, however, witnessed a significant expansion in the field of operation for international treaties. Large and celebrated peace conferences in 1899 and 1907, for example, proclaimed solemn treaties designed to regulate the law of armed conflict and to settle international disputes. Similar sentiments led to the conclusion of treaties that set the foundation for the later Second and Third Geneva Conventions, as well as the Washington treaties limiting naval armaments and the use of submarines and poison gas.

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Publisher: Cambridge University Press
Print publication year: 2011

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References

Spiro, Peter J., Dual Nationality and the Meaning of Citizenship, 46 Emory L.J. 1411, 1428–29 (1997)
Henry St. George Tucker, Limitations on the Treaty-Making Power Under the Constitution of the United States (1915)
Alstine, Michael P., Executive Aggrandizement in Foreign Affairs Lawmaking, 54 UCLA L. Rev. 309, 359–66 (2006)
Bradley, Curtis A., The Treaty Power and American Federalism, 97 Mich. L. Rev. 390 (1998)
Golove, David M., Treaty-Making and the Nation: The Historical Foundations of the Nationalist Conception of the Treaty Power, 98 Mich. L. Rev. 1075 (2000)
Swaine, Edward T., Does Federalism Constrain the Treaty Power?, 103 Colum. L. Rev. 403 (2003)
Chesney, Robert M., Disaggregating Deference: The Judicial Power and Executive Treaty Interpretations, 92 Iowa L. Rev. 1723, 1741–42 (2007)
Foster, John W., The Treaty-Making Power Under the Constitution, 11 Yale L.J. 69, 76–80 (1901) (discussing executive agreements)
Levitan, David M., Executive Agreements: A Study of the Executive in the Control of the Foreign Relations of the United States, 35 Ill. L. Rev. 365 (1940)
Catudal, Honoré Marcel, Executive Agreements: A Supplement to the Treaty-Making Procedure, 10 Geo. Wash. L. Rev. 653 (1942).
Moore, , supra note 241, at 386–88 (describing the background of these debates).

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