Download PDF HereDownload Restoring the Global Judiciary: Why the Supreme Court Should Rule in U.S. Foreign Affairs
Read PDF HereRead Restoring the Global Judiciary: Why the Supreme Court Should Rule in U.S. Foreign Affairs
Why there should be a larger role for the judiciary in American foreign relationsIn the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches.Turning first to the founding of the nation, Flaherty shows that the Constitution's original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the