The Death of Treaty Supremacy: An Invisible Constitutional Change by David L. SlossThe Death of Treaty Supremacy: An Invisible Constitutional Change by David L. Sloss

The Death of Treaty Supremacy: An Invisible Constitutional Change

byDavid L. Sloss

Hardcover | November 1, 2016

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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.

About The Author

David L. Sloss is Professor of Law and Director of the Center for Global Law and Policy at Santa Clara University Law School. Professor Sloss focuses his scholarship on the application of international law in domestic courts, with specializations in international human rights law, treaties, U.S. foreign relations law, and constitutiona...
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Details & Specs

Title:The Death of Treaty Supremacy: An Invisible Constitutional ChangeFormat:HardcoverDimensions:472 pages, 9.25 × 6.12 × 0.98 inPublished:November 1, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199364028

ISBN - 13:9780199364022

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