Description
Book Synopsis: In 1997, a Mexican national named Jose Ernesto Medellin was sentenced to death for raping and murdering two teenage girls in Texas. In 2004, the International Court of Justice ruled that he was entitled to appellate review of his sentence, since the arresting officers had not informed him of his right to seek assistance from the Mexican consulate prior to trial, as prescribed by a treaty ratified by Congress in 1963. In 2008, amid fierce controversy, the U.S. Supreme Court declared that the international ruling had no weight. Medellin subsequently was executed. As Julian Ku and John Yoo show in Taming Globalization, the Medellin case only hints at the legal complications that will embroil American courts in the twenty-first century. Like Medellin, tens of millions of foreign citizens live in the United States; and like the International Court of Justice, dozens of international institutions cast a legal net across the globe, from border commissions to the World Trade Organization. Ku and Yoo argue that all this presents an unavoidable challenge to American constitutional law, particularly the separation of powers between the branches of federal government and between Washington and the states. To reconcile the demands of globalization with a traditional, formal constitutional structure, they write, we must re-conceptualize the Constitution, as Americans did in the early twentieth century, when faced with nationalization. They identify three "mediating devices" we must embrace: non-self-execution of treaties, recognition of the President's power to terminate international agreements and interpret international law, and a reliance on state implementation of international law and agreements. These devices will help us avoid constitutional difficulties while still gaining the benefits of international cooperation. Written by a leading advocate of executive power and a fellow Constitutional scholar, Taming Globalization promises to spark widespread debate.
Details
Looking for a compelling read that explores the intersections of international law and the U.S. Constitution? Look no further than Taming Globalization: International Law, the U.S. Constitution, and the New World Order. This thought-provoking book delves into the complexities of legal ramifications in today's interconnected world, using real-life cases like the infamous Jose Ernesto Medellin trial as a backdrop.
Uncover the legal challenges that American courts will face in the twenty-first century, as millions of foreign citizens reside within the United States and international institutions cast their legal net worldwide. The authors, Julian Ku and John Yoo, argue that to reconcile the demands of globalization with our traditional constitutional structure, we need to re-conceptualize the Constitution just as previous Americans did during times of national transformation.
Ku and Yoo identify three key "mediating devices" that can help us navigate this new global reality. First, they propose the non-self-execution of treaties, ensuring that international agreements do not automatically become domestic law. Secondly, they emphasize the President's power to terminate international agreements and interpret international law, granting the executive branch the necessary flexibility. Lastly, they advocate for a reliance on state implementation of international law and agreements, allowing for a decentralized approach that respects both international norms and state sovereignty.
With their expertise in executive power and constitutional scholarship, the authors present a compelling case for a new approach to global legal challenges. By embracing these "mediating devices," we can mitigate potential constitutional difficulties while still reaping the benefits of international cooperation.
Prepare to join the conversation ignited by Taming Globalization. Order your copy today and explore the intricacies of international law and the U.S. Constitution in the context of our rapidly changing world. Order Now
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