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Contents
- Preliminary Material
- Main Text
- 1 Allocating and Balancing Foreign Relations Powers
- 2 Legislating Foreign Relations
- I Enumerated and Non-Enumerated Powers to Legislate
- II Procedural and Other Cross-Cutting Aspects of the Power to Legislate
- III Power of the Purse
- IV Power to Regulate Commerce with Foreign Nations
- V Power to Regulate the Value of Foreign Coin
- 3 Conducting Foreign Relations
- I Power to Conduct Foreign Relations
- II Receiving Foreign Ambassadors and Other Public Ministers
- III Appointing U.S. Ambassadors, Ministers, and Consuls
- IV Recognition Power and Collateral Effects
- A Recognition of a New Foreign State
- B Recognition of a Foreign Government Coming to Power Extraconstitutionally
- C Collateral Effects of Nonrecognition in U.S. Courts
- D Conclusion of Executive Agreements Incidental to Recognition
- E Recognition of Foreign Belligerency and Insurgency
- F Altering Treaties to Accommodate Newly Created Foreign States
- V Foreign Emoluments Clause
- 4 Judging Foreign Relations
- I Historical Role of the Judiciary in Foreign Relations
- II Nonjusticiability and Foreign Affairs
- III Act of State Doctrine
- IV Applying U.S. Law Abroad
- V Immunity from U.S. Jurisdiction
- 5 Customary International Law
- 6 Treaties and Other International Agreements
- I Historical Emergence of the Treaty Power
- II Making Treaties
- III Interpreting International Agreements
- IV Incorporation, Implementation, and Hierarchical Status
- V Agreements Other than Article II Treaties
- VI Exiting Treaties
- 7 International Organizations
- 8 War Powers
- I Power to Resort to Armed Force
- A Pre-Constitutional Origins of the Power
- B Power as Expressed in the U.S. Constitution
- C Historical Practice
- D Contemporary Issues
- 1 Method and Consequences of Congressional Authorization
- 2 Consequences of International Law
- 3 Theories of Balancing
- a President May Not Use Armed Force Without Congressional Authorization Except to “Repel Sudden Attacks”
- b In Addition to Repelling Attacks, the President May Use Armed Force to Address Low-Intensity Armed Conflict, Subject to Congressional Restrictions
- c In Addition to Repelling Attacks, the President May Use Armed Force When Authorized by the U.N. Security Council
- d President May Resort to Any Armed Force (Including Large-Scale Deployments), Subject to Congressional Restrictions
- e President Has Preclusive Authority to Resort to Armed Conflict, But Can Be Impeached or Denied Funding
- II Power to Conduct Armed Conflict
- III Power to Establish and Regulate the Military
- I Power to Resort to Armed Force
- 9 Federalism and Foreign Relations
- 10 Individual Rights and Foreign Relations
- I Types of Persons and Places
- II Rights Arising Under the Bill of Rights and Fourteenth Amendment
- A Speech, Religion, and the Press (First Amendment)
- B Keep and Bear Arms (Second Amendment)
- C Unreasonable Searches and Seizures (Fourth Amendment)
- D Due Process, Equal Protection, and Taking of Property (Fifth Amendment)
- 1 U.S. Criminal Investigation of Noncitizens Abroad
- 2 U.S. Abduction of Noncitizens Abroad for U.S. Prosecution
- 3 U.S. Civil or Criminal Actions Against Noncitizens Located Abroad
- 4 Equal Protection for Noncitizens in the United States
- 5 Taking of Property Without Just Compensation
- 6 Liberty of Travel to and from the United States
- 7 Military Detention of Noncitizens Abroad
- E Trials (Sixth Amendment)
- F Prohibition on Cruel and Unusual Punishment (Eighth Amendment)
- G Equal Protection Under the Law (Fourteenth Amendment)
- III Rights Arising in Certain Subject-Matter Areas
- Further Material