Galbraith: Derivative Foreign Relations Law

Jean Galbraith (Univ. of Pennsylvania - Law) has posted Derivative Foreign Relations Law (George Washington Law Review, forthcoming). Here's the abstract:

We treat U.S. foreign relations law as a discrete body of law—and it is. But it is not independent. To the contrary, it relies on the same institutional actors that govern more generally: the President, Congress, the federal judiciary, administrative agencies, and sub-national governments. And far from being static, these institutions change radically over time in how they are constituted, in what internal rules they apply, and in what legal outputs they produce. The Trump Administration is a recent and painful example whose legacy continues to loom large, including on the Supreme Court. This symposium contribution considers what these broader institutional changes mean for foreign relations law.