Wednesday, May 09, 2012

Three constitutional doctrines can avoid globalization’s problems while still permitting the United States to accrue the benefits of international cooperation

  1. First, treaties should be presumed to be non-self-executing: in other words, treaties do not take effect as enforceable domestic law without an intervening Act of Congress.

  2. Second, the President must possess the primary authority power to terminate international obligations and to interpret international law.

  3. Third, states must assume a leading role in the implementation of international law and agreements, especially in areas (such as family and property law) that have remained traditionally in their control.

All of these mechanisms shift basic decisions between the pressures of globalization and the goals of a democratic constitutional government to the executive and legislative branches of the federal and state governments.

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