TITLE

Inflated Federalism and Deflated International Law: Roberts CJ v. The ICJ

AUTHOR(S)
Nagan, Winston P.; Goodman, Benjamin
PUB. DATE
January 2012
SOURCE
Global Jurist;2012, Vol. 12 Issue 1, p-1
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This article commences with an examination of the United State's relationship to international law and a brief overview of the history of United States Supreme Court's endorsement of international law. This general overview is followed by a more detailed review of the role that each of the three branches of the U.S. Government has played in international law. After addressing the general role of the three branches in international law, the article then focuses its analysis on the Medellin case and the ways in which the Supreme Court is currently guiding American jurisprudence regarding the role of the three branches of government in this area. The Medellin case is introduced with a review of the case's background in the Texas state court system and the relevance of the ICJ decision to the Texas case. The article continues by providing a critical analysis of the Supreme Court's judgment as it relates to the interaction of the three branches of United States Government in international law, and how these views reflect the views of the Federalist Society. The articles concludes by suggesting that there are assumptions and influences in modern American legal culture that bare on the Chief Justice's judgment that are not historically consistent with the key role of the Judiciary in the making, application, and enforcement of international law. In particular, the article will examine the influence of the Federalist Society on the shaping of contemporary isolationist views on international law. In this sense, the article provides a mild plea in avoidance with regard to the direction that the Chief Justice is shepherding the Supreme Court, which is indeed determining the destiny of the United States with regard to its respect for international law and international obligation.
ACCESSION #
94542708

 

Share

Read the Article

Courtesy of NEW JERSEY STATE LIBRARY

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics