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Tables of Contents for Foreign Affairs and the United States Constitution
Chapter/Section Title
Page #
Page Count
Table of Abbreviations
xvii
2
Table of Cases
xix
30
Table of Statutes
xlix
16
Table of Treaties, International Instruments
lxv
Introduction
1
10
I. FOREIGN AFFAIRS AS NATIONAL AFFAIRS
11
12
Chapter I. The Constitutional Authority of the Federal Government
13
10
II. THE DISTRIBUTION OF CONSTITUTIONAL POWER
23
148
Chapter II. The President
31
32
The Sources of Presidential Power
34
1
The President's Foreign Affairs Power
35
10
Enumerated and Implied Powers
36
9
The treaty power
36
1
Appointing and receiving ambassadors
37
2
`The Executive Power'
39
2
`Sole organ'
41
4
Related Presidential Powers: The Commander in Chief
45
5
Presidential War Powers
46
4
General Presidential Powers
50
3
`He shall take Care that the Laws be faithfully executed'
50
3
National Security and Emergency Power
53
1
Presidential `Law-making'
54
7
Limitations on Presidential Power
61
1
The Political Influence of the President
62
1
Chapter III. The Congress
63
20
Congress as Law-Maker
63
12
Enumerated Foreign Affairs Powers
64
6
The Foreign Commerce Power
65
2
The War Power as legislative power
67
1
`To define and punish offences'
68
2
Powers Deriving from National Sovereignty
70
2
The Foreign Affairs Power
70
2
General Congressional Powers
72
3
`To lay...Taxes...to provide...for the general Welfare'
72
1
`Laws which shall be necessary and proper'
73
2
Non-legislative Powers of Congress
75
5
To Declare War
75
1
To Make Other Foreign Policy
76
4
Limitations on Congressional Power
80
1
The Political Influence of Congress
81
2
Chapter IV. Separation of Powers: Competition, Conflict, and Cooperation
83
48
Exclusive and Concurrent Authority
86
10
Exclusive Powers of the President
88
1
Exclusive Powers of Congress
89
3
Concurrent Powers
92
4
Competition for Power
96
16
War Powers, Exclusive and Concurrent
97
14
What is `war'?
98
1
Military deployments and hostilities `short of war'
99
2
Did Congress authorize war?--Vietnam
101
2
Exclusive and concurrent powers during war
103
2
The War Powers Resolution
105
6
`Cold war'
111
1
Regulating Intelligence Activities
111
1
Issues in Cooperation
112
6
The Obligation of Congress to Cooperate: Implementing Legislation and Appropriations
112
3
The `power of the purse'
113
2
The President's Obligation to Cooperate: Executive Privilege
115
2
The President's Obligation to Execute the Laws
117
1
Interference between Branches
118
5
`Unconstitutional conditions'
119
2
Congressional Control of the Foreign Affairs Establishment
121
2
Issues in Delegation
123
5
`Excessive' Delegation
124
1
Controlling Delegated Authority: The `Legislative Veto'
125
3
The Independent Agencies
128
3
Chapter V. The Courts in Foreign Affairs
131
18
The Judicial Role in Foreign Affairs
133
1
Judicial Review
134
2
Monitoring Federalism: The `Dormant' Commerce Clause
135
1
Monitoring Separation of Powers in Foreign Affairs
135
1
Monitoring Respect for Individual Rights
136
1
Judicial Law-making
136
5
The Act of State Doctrine and the `Federalization' of International Law
137
3
Supervisory Power of the Federal Courts
140
1
Limitations on Judicial Power
141
8
Constitutional Limitations: Case or Controversy
142
1
`Political Questions'
143
6
Chapter VI. The Abiding Significance of Federalism: the States and Foreign Affairs
149
22
State Exclusion from Foreign Affairs
151
5
Exclusion by Federal Supremacy
156
9
Federal Preemption
157
1
`Commerce with Foreign Nations'
158
4
State `Intrusion' into Foreign Affairs
162
3
States Rights Limitations on National Policy
165
2
Political Influence of the States
167
4
III. COOPERATION WITH OTHER NATIONS UNDER THE CONSTITUTION
171
104
Chapter VII. Treaties, the Treaty Power, and Executive Agreements
175
56
Treaties
175
40
The Treaty-making Process
176
8
The President and the Senate
177
3
Reservations and Other Conditions
180
4
What is a Treaty?
184
1
Limitations on Treaties
185
13
Limitations Implied in Federalism
189
5
Limitations Deriving from the Separation of Powers
194
2
Domestic Matters, Not of `International Concern'
196
2
Treaties as Law of the Land
198
17
Self-executing and Non-self-executing Treaties
198
6
Congressional Implementation
204
2
Interpretation
206
1
Enforcement of Treaty Obligations
206
3
Treaties and Acts of Congress
209
2
Breach and Termination of Treaties
211
4
Executive Agreements
215
16
Congressional-Executive Agreements
215
4
Sole Executive Agreements
219
6
Limitations on Executive Agreements
225
1
Executive Agreements as Law of the Land
226
5
Chapter VIII. International Law and International Organizations: Constitutional Issues
231
44
International Law in the Constitutional Framework
232
15
International Law as Law for the United States
232
4
International law and the political branches
234
2
International Law as Law of the United States
236
1
International law as supreme federal law
237
2
International law in the courts
239
8
International Organizations in the U.S. Constitutional Framework
247
28
U.S. Adherence to International Organizations
249
1
U.S. Participation in International Organizations
249
1
The Executive as U.S. representative
249
1
The United Nations
250
9
President, Congress and the United Nations
255
4
NATO
259
1
Regulation of U.S. Activities by International Agencies
260
6
International Judicial Tribunals
266
5
International Criminal Courts
268
3
Dispute Resolution Pursuant to International Agreements
271
4
IV. CONSTITUTIONAL LIMITATIONS: INDIVIDUAL RIGHTS AND FOREIGN AFFAIRS
275
36
Chapter IX. Individual Rights and Foreign Affairs
283
28
Applicability of Constitutional Safeguards
283
2
The Bill of Rights
285
18
Freedom of Speech and Press
286
2
Unreasonable Searches and Seizures
288
1
Safeguards in the Criminal Process
289
1
Due Process of Law
289
3
Equal Protection of the Laws
292
5
Aliens and citizens
293
4
`Taking' and `Just Compensation'
297
6
Immigration, Exclusion, Deportation
303
2
The Constitution Abroad
305
4
The States and Individual Rights
309
2
CONCLUSION
311
14
Chapter X. An Eighteenth Century Constitution for the Twenty-First Century
313
12
Endnotes
325
235
Appendix: The Constitution of the United States
555
18
Index
573