The Death of Treaty Supremacy

David L. Sloss is Professor of Law and Director of the Center for Global Law and Policy at Santa Clara University Law School. Professor Sloss focuses his scholarship on the application of international law in domestic courts, with specializations in international human rights law, treaties, U.S. foreign relations law, and constitutional law. He is the editor of The Role of Domestic Courts in Treaty Enforcement: A Comparative Study (2009), and co-editor of International Law in the U.S. Supreme Court: Continuity and Change (2011). He has published numerous articles on the history of U.S. foreign affairs law and the judicial enforcement of treaties in domestic courts. Professor Sloss received his B.A. from Hampshire College, his M.P.P. from the Kennedy School of Government at Harvard, and his J.D. from Stanford Law School. He taught for nine years at Saint Louis University School of Law.

List of Tables

Acknowledgments

Introduction

Part One: Treaty Supremacy at the Founding

Chapter One: The Origins of Treaty Supremacy, 1776-1787

Chapter Two: State Ratification Debates

Chapter Three: Treaty Supremacy in the 1790s


Part Two: Treaty Supremacy from 1800 to 1945

Chapter Four: Foster v. Neilson

Chapter Five: Treaties and State Law

Chapter Six: Self-Execution in the Political Branches

Chapter Seven: Self-Execution in the Federal Courts

Chapter Eight: Seeds of Change


Part Three: The Human Rights Revolution

Chapter Nine: Human Rights Activism in the United States: 1946-48

Chapter Ten: The Nationalists Strike Back: 1949-51

Chapter Eleven: Fujii, Brown and Bricker: 1952-54

Chapter Twelve: Business as Usual in the Courts: 1946-65

Chapter Thirteen: The American Law Institute and the Restatement of Foreign Relations Law


Part Four: Treaty Supremacy and Constitutional Change

Chapter Fourteen: Treaty Supremacy in the 21st Century

Chapter Fifteen: Invisible Constitutional Change

List of Abbreviations Used in Endnotes

Endnotes

Bibliography

Index