Thomas H. Lee (Fordham University School of Law) has posted Theorizing the Foreign Affairs Constitution (Fordham Law Legal Studies Research Paper ) on SSRN. Here is the abstract:
This article applies international relations theory to derive estimates of the U.S. Constitution's provisions pertaining to foreign relations that Americans would have created in light of the United States' militarily weak condition at the time of founding. It then questions the value of originalism as a technique of constitutional interpretation with respect to the foreign affairs Constitution given the dramatic change in the world power status of the United States.
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