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Treaties

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority….
article III
Section
2
Clause
2
Related Citations

Haoshan Ren et al., “Questions Involving National Peace and Harmony” Or “Injured Plaintiff Litigation”? The Original Meaning of “Cases” in Article III of the Constitution, 36 Ga. St. U. L. Rev. 535 (2020).

Analyzes the original meaning of Article III by engaging in corpus linguistics analysis.

Ryan C. Williams, “Judicial Role” and Judicial Duty in Foreign Affairs, 43 Fordham J. of Int’l L. 1235 (2020).

Argues that though the Constitution contemplates the Supreme Court having a role in foreign affairs, the Court largely has not inserted itself into these debates.

Kenneth C. Randall, The Treaty Power, 51 Ohio St. L.J. 1089 (1990).

Argues that the distribution of power between the three branches with respect to treaties is not constitutionally delineated.

Jordan J. Paust, Self-Executing Treaties, 82 Am. J. Int’l L. 760 (1988).

Examines the views of the framers regarding the domestic legal effect of treaties.

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