This Essay examines the contours of what I have elsewhere called the new constitutional order with respect to international human rights and federalism. The background is my suggestion that the U.S. political-constitutional system is on the verge of moving into a new constitutional regime, following the end of the New Deal-Great Society constitutional regime. The Supreme Court's innovations in the law of federalism in connection with Congress's exercise of its powers over domestic affairs has provoked speculation about the implications of those innovations for the national government's power with respect to foreign affairs. Most of the speculation has been that the Court is about to - or at least should - engage in what I have called projects of restoration and revolution. That is, the Court will, or should, return to an understanding of the relation between the nation's power with respect to foreign affairs that prevailed before the New Deal-Great Society era.
47 Wayne L. Rev. 841-869 (2001)
Scholarly Commons Citation
Tushnet, Mark V., "Federalism and International Human Rights in the New Constitutional Order" (2001). Georgetown Law Faculty Publications and Other Works. 250.