03191nam 2200529 450 991015428180332120210108081551.00-19-936404-40-19-936405-2(CKB)3710000000881947(StDuBDS)EDZ0001531826(MiAaPQ)EBC4707118(EXLCZ)99371000000088194720160728d2016 fy| 0engur|||||||||||rdacontentrdamediardacarrierThe death of treaty supremacy an invisible constitutional change /David L. Sloss[electronic resource]First edition.New York, NY :Oxford University Press,2016.1 online resourceThis edition previously issued in print: 2016.0-19-936402-8 Includes bibliographical references and index.The origins of Treaty Supremacy : 1776-1787 -- State ratification debates -- Treaty Supremacy in the 1790s -- Foster v. Neilson -- Treaties and state law -- Self-execution in the political branches -- Self-execution in the Federal Courts -- Seeds of change -- Human rights activism in the United States: 1946-1948 -- The nationalists strike back : 1949-1951 -- Fujii, Brown, and Bricker : 1952-1954 -- Business as usual in the courts : 1946-1965 -- The American law institute and the restatement of foreign relations law -- Treaty Supremacy in the twenty-first Century -- Invisible constitutional change.Traditionally, the Constitution's treaty supremacy rule provided that all treaties supersede conflicting state laws. The rule was designed to prevent treaty violations by state governments. From the Founding until World War II, treaty supremacy and self-execution were independent doctrines. Treaty supremacy was an aspect of federal supremacy; it governed the relationship between treaties and state law. Self-execution governed the division of power over treaty implementation between Congress and the president. In 1945, the United States ratified the U.N. Charter, which obligates nations to promote 'human rights - for all without distinction as to race.' In 1950, a California court applied the Charter's human rights provisions and the traditional treaty supremacy rule to invalidate a state law that discriminated against Japanese nationals.Treaty-making powerUnited StatesStatesFederal governmentUnited StatesConstitutional lawUnited StatesStatesStates' rights (American politics)HistorySeparation of powersUnited StatesUnited StatesForeign relationsLaw and legislationTreaty-making powerStates.Federal governmentConstitutional lawStates.States' rights (American politics)History.Separation of powers342.730412Sloss David612329StDuBDSStDuBDSBOOK9910154281803321The death of treaty supremacy2836488UNINA