NCJ Number
169816
Date Published
1996
Length
344 pages
Annotation
This study uses theoretical analysis and case studies to examine the role of the United States Supreme Court in the development of foreign policies, with emphasis on the responsibilities of Congress in foreign policy and the issue of whether the President is the single agent for the conduct of foreign policy and the decision to go to war.
Abstract
The volume is intended as a major textbook for college courses in constitutional law and interpretation, United States foreign policy, and international law and as a supplementary text for introductory courses on the United States government. The analysis considers the Supreme Court and foreign policy from 1798 to 1953. Each chapter contains an opening narrative followed by excerpts from relevant cases reviewed by the Supreme Court. An introduction discusses the debates about foreign policy during the Constitutional Convention of 1787. Subsequent chapters focus on the early court and judicial precedent from 1790-1845, the traditional era of shared powers from 1846 to 1916, decisions from 1901 to 1935, the rise of presidential supremacy from 1936 to 1945, and the apex of presidential supremacy during the Truman years of 1946 to 1953. The conclusion discusses the future role of the Supreme Court in foreign policy issues as well as its position in a government of separated powers. Chapter notes and appended text of the Constitution, case and subject indexes, and methodological information