Foreign Affairs and the Prelude to The Constitution

in The Powers of War and Peace

Published by University of Chicago Press

Published in print October 2005 | ISBN: 9780226960319
Published online March 2013 | e-ISBN: 9780226960333 | DOI:
Foreign Affairs and the Prelude to The Constitution

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During the colonial and revolutionary periods, the development of the war and treaty powers began to diverge. Allocation of the war power became swept up in the story of the revolutionaries' love–hate relationship with executive power, which found its final constitutional expression in the institution of the American presidency. State constitutions served as a model and testing ground for approaches to war powers and to the executive. Treaties became entangled in the contentious relationship between the early national and state governments—what we today know as an issue of federalism. Implementation of treaties took on this character, however, because of fundamental defects in national authority, and so it is perhaps not surprising that the beginnings of reform began in the allocation of powers among the branches of a new national government.

Keywords: foreign affairs; treaty powers; war power; American presidency; state governments; federalism

Chapter.  12781 words. 

Subjects: Constitutional and Administrative Law

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