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The Death of Treaty Supremacy : An Invisible Constitutional Change by David L. Sloss (2016, Hardcover)

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This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. Before 1945, treaty supremacy and self-execution were independent doctrines.

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This book provides the first detailed history of the Constitution's treaty supremacy rule, describing a process of invisible constitutional change. The traditional supremacy rule provided that all treaties supersede conflicting state laws, and precluded state governments from violating U.S.treaty obligations. In 1945, the U.S. ratified the UN Charter to obligate nations to promote human rights "for all without distinction as to race." This decision implied that the United States had effectively abrogated Jim Crow laws throughout the South. In response, the Bricker Amendment wascreated to abolish the treaty supremacy rule, and although the amendment never passed, Bricker's supporters achieved their goals through de facto constitutional change. The de facto Bricker Amendment was ground-breaking, as it created a novel exception that permits state governments to violate non-self-executing treaties without authorization from the federal political branches. This had significant implications for U.S. foreign policy and for U.S. compliance withits treaty obligations, ultimately leading to the demise of treaty supremacy.

Product Identifiers

PublisherOxford University Press, Incorporated

ISBN-100199364028

ISBN-139780199364022

eBay Product ID (ePID)220595110

Product Key Features

Publication Year2016

Number of Pages472 Pages

LanguageEnglish

AuthorDavid L. Sloss

FormatHardcover

Dimensions

Item Height1.3 in

Item Weight28 Oz..7 Oz

Item Length6.4 in

Item Width9.2 in

Additional Product Features

GroupScholarly & Professional

Dewey Edition23

Reviews"The 1783 Peace Treaty was the foundation stone of the nation, which is why the U.S. Constitution commands that treaties 'shall be the supreme law of the Land,' co-equal to the Constitution and Congress's laws. In this book, David Sloss shows how, after World War II, American conservatives' hostility to human rights treaties undermined and then neutered the constitutional command of treaty supremacy. Sloss' account of this constitutional mutiny is powerful, thought-provoking, and timely." -Thomas H. Lee, Leitner Family Professor of International Law, Fordham University Law School "The Death of Treaty Supremacy makes a major contribution to our understanding of American constitutionalism. It demonstrates the evolutionary nature of constitutional law, identifies the complex practical forces that drive its evolution, and highlights yet another flaw in constitutional 'originalism.' It shows that historical changes have transformed the Constitution's meaning even on an issue where the 'original' meaning was actually clear and specific--that properly ratified treaties are 'supreme' over state law." -Edward A. Purcell Jr., Joseph Solomon Distinguished Professor of Law, New York Law School "In The Death of Treaty Supremacy, one of the nation's foremost treaty law scholars tells a story of interest to all who care about constitutional change. It's a story of constitutional change driven by political and legal elites rather than courts, largely unnoticed even among the wider legal community, yet with significant implications for U.S. foreign relations law. The book is a fascinating contribution to not just treaty law, but to constitutional law as a whole." -Michael D. Ramsey, Hugh and Hazel Darling Foundation Professor of Law, University of San Diego School of Law "David Sloss has written a fascinating case study on a central constitutional question - how does the interpretation of the constitution change? Moreover, Sloss has taken as his example a pressing issue of contemporary constitutional debate- the role of treaties as domestic law in state and federal courts. His fine-grained and wide-reaching research and his thoughtful analysis benefits us all." -Judith Resnik, Arthur Liman Professor of Law, Yale University Law School, Winner of the ASIL 2017 Certificate of Merit in Creative Scholarship Finalist for the APSA 2017 J. David Greenstone Book Prize "The 1783 Peace Treaty was the foundation stone of the nation, which is why the U.S. Constitution commands that treaties 'shall be the supreme law of the Land,' co-equal to the Constitution and Congress's laws. In this book, David Sloss shows how, after World War II, American conservatives' hostility to human rights treaties undermined and then neutered the constitutional command of treaty supremacy. Sloss' account of this constitutional mutiny is powerful, thought-provoking, and timely." -Thomas H. Lee, Leitner Family Professor of International Law, Fordham University Law School "The Death of Treaty Supremacy makes a major contribution to our understanding of American constitutionalism. It demonstrates the evolutionary nature of constitutional law, identifies the complex practical forces that drive its evolution, and highlights yet another flaw in constitutional 'originalism.' It shows that historical changes have transformed the Constitution's meaning even on an issue where the 'original' meaning was actually clear and specific--that properly ratified treaties are 'supreme' over state law." -Edward A. Purcell Jr., Joseph Solomon Distinguished Professor of Law, New York Law School "In The Death of Treaty Supremacy, one of the nation's foremost treaty law scholars tells a story of interest to all who care about constitutional change. It's a story of constitutional change driven by political and legal elites rather than courts, largely unnoticed even among the wider legal community, yet with significant implications for U.S. foreign relations law. The book is a fascinating contribution to not just treaty law, but to constitutional law as a whole." -Michael D. Ramsey, Hugh and Hazel Darling Foundation Professor of Law, University of San Diego School of Law "David Sloss has written a fascinating case study on a central constitutional question - how does the interpretation of the constitution change? Moreover, Sloss has taken as his example a pressing issue of contemporary constitutional debate- the role of treaties as domestic law in state and federal courts. His fine-grained and wide-reaching research and his thoughtful analysis benefits us all." -Judith Resnik, Arthur Liman Professor of Law, Yale University Law School

Publication Date2016-10-18

Lccn2016-009586

Dewey Decimal342.73/0412

Lc Classification NumberKf4651.S73 2016