The Constitution as Treaty transforms the conceptualization of US
constitutional law by exploring the interpretive implications of
viewing the US Constitution as a treaty. It argues that federal
courts constitute an international tribunal system, and, as such,
their jurisdiction is governed by international law enabling them
to exercise judicial review authority and undercutting much of the
judicial activist critique. The Constitution as Treaty continues
with an examination of what is international law and its major
interpretive principles in order to set the stage for examining how
different sources and principles of international law are
intrinsically integrated into US constitutional law and, thereby,
are available to federal courts for deciding cases. It addresses
the Charming Betsy Rule, the non-self-execution doctrine, the
last-in-time rule, and the proper use of customary international
law and other international law sources not mentioned in Article
III. The Constitution as Treaty concludes that federal courts
generally must construe the United States' international legal
obligations liberally.
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