The Law of Nations and the United States Constitution

Anthony J. Bellia Jr. is the O'Toole Professor of Constitutional Law and a Concurrent Professor of Political Science at the University of Notre Dame. He specializes in the teaching and research of constitutional law, federal courts, federalism, legal history, procedure, and contracts. He is the founding director of the Notre Dame Program on Constitutional Structure and a member of the American Law Institute (ALI). His published work includes many law review articles and the book Federalism. After receiving his J.D. from Notre Dame Law School, he clerked for Judge William M. Skretny of the United States District Court for the Western District of New York, Judge Diarmuid F. O'Scannlain of the United States Court of Appeals for the Ninth Circuit, and Associate Justice Antonin Scalia of the Supreme Court of the United States. Bradford R. Clark is the William Cranch Research Professor of Law at George Washington University Law School. He specializes in the teaching and writing in areas of civil procedure, constitutional structure, federal courts, and foreign relations. His published scholarship includes a chapter in Pre-Emption Choice (2009) and articles in California Law Review, Columbia Law Review, Harvard Law Review, Texas Law Review, University of Chicago Law Review, University of Pennsylvania Law Review, and Virginia Law Review. He holds a JD from Columbia University School of Law, and he clerked for The Honorable Robert H. Bork of the U.S. Court of Appeals for the D.C. Circuit, and for The Honorable Antonin Scalia of the Supreme Court of the United States.

Acknowledgments

Introduction

Part I -- The Traditional Law of Nations and the
Constitution

1. The Law of Nations and the Constitution
2. The Law Merchant and the Constitution
3. The Law of State-State Relations and the Constitution
4. The Law of State-State Relations in Federal Courts
5. The Law Maritime and the Constitution

Part II -- Modern Customary International Law and the Constitution

6. Modern Customary International Law
7. The Inadequacy of Existing Theories of Customary
International Law and the Constitution

Part III -- Enforcement of Customary International Law in U.S. Courts

8. Judicial Enforcement of Customary International Law
Against Foreign Nations
9. Judicial Enforcement of Customary International Law
Against the United States
10. Judicial Enforcement of Customary International Law
Against U.S. States

Conclusion

Index