The Constitution as Treaty addresses U.S. constitutional interpretation from a novel, yet originalist perspective: the U.S. Constitution is a treaty. As a treaty, the Constitution must be construed in conformity with the United States' international legal obligations. This book specifically examines how federal courts are international courts and as international courts, how they can directly apply international law and construe federal law in conformity with international law. Most importantly, The Constitution as Treaty demonstrates that the federal courts' authority to review the constitutionality of federal and state law is based on international law.
Sunday, September 16, 2007
Martin: The Constitution as Treaty
Francisco Forrest Martin (Rights International, The Center for International Human Rights Law, Inc.) has published The Constitution as Treaty: The International Legal Constructionalist Approach to the U.S. Constitution (Cambridge Univ. Press 2007). Here's the abstract: