The Death of Treaty Supremacy: An Invisible Constitutional Change

Author:   David L. Sloss (Professor of Law, Professor of Law, Santa Clara University School of Law)
Publisher:   Oxford University Press Inc
ISBN:  

9780199364022


Pages:   472
Publication Date:   27 October 2016
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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The Death of Treaty Supremacy: An Invisible Constitutional Change


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Author:   David L. Sloss (Professor of Law, Professor of Law, Santa Clara University School of Law)
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Dimensions:   Width: 23.60cm , Height: 3.30cm , Length: 16.50cm
Weight:   0.953kg
ISBN:  

9780199364022


ISBN 10:   0199364028
Pages:   472
Publication Date:   27 October 2016
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

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Reviews

A superior study, deservedly awarded the Certificate of Merit in Creative Scholarship by the American Society of International Law in 2017. * Jus Gentium * David Sloss has written a fascinating case study on a central constitutional question - how does the interpretation of the constitution change? Moreover, Scloss 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 * In The Death of Treaty Supremacy, one of the nation's foremost treaty 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 * 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 * 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' hositlity 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 Lee, Leitner Family Professor of International Law, Fordham University Law School *


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 queystion - 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


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 <em>The Death of Treaty Supremacy</em> 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 <em>In The Death of Treaty Supremacy</em>, 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 queystion - 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 SchoolWinner of the ASIL 2017 Certificate of Merit in Creative Scholarship


Author Information

David L. Sloss is Professor of Law at Santa Clara University School of Law. His scholarship focuses on the application of international law in domestic courts, with specializations in international human rights, treaties, U.S. foreign relations law, and constitutional law. He is the editor of The Role of Domestic Courts in Treaty Enforcement: A Comparative Study (2009), and co-editor of International Law in the U.S. Supreme Court: Continuity and Change (2011). He has published numerous articles on the history of U.S. foreign affairs law and the judicial enforcement of treaties in domestic courts. Professor Sloss received his B.A. from Hampshire College, his M.P.P. from the Kennedy School of Government at Harvard, and his J.D. from Stanford Law School. He taught for nine years at Saint Louis University School of Law. Before he was a law professor, he worked for the U.S. government on arms control and nuclear proliferation issues.

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