Category Archives: Foreign Affairs Constitution

A Legal Analysis of Rep. Tulsi Gabbard’s Trip to Syria

Posted on February 13, 2017 by Ryan Scoville

Rep. Tulsi Gabbard (D-HI) has drawn attention in recent weeks for leading a delegation to Syria and Lebanon, where she reportedly met with government leaders, refugees, and members of civil society. The stated purposes were to engage in fact-finding and … Continue reading →

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Legislative Diplomacy After Zivotofsky

Posted on June 15, 2015 by Ryan Scoville

Zivotofsky was a case about the recognition power, but it was also the first in quite a while to offer any insight into the Justices’ views on the nature of the President’s power to communicate with foreign sovereigns. Given precedents like Curtiss-Wright, … Continue reading →

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The Role of Foreign Perceptions in Zivotofsky v. Kerry

Posted on June 12, 2015 by Ryan Scoville

One of the noteworthy disagreements in Zivotofsky concerns the significance of foreign perceptions of U.S. law. The majority suggested the risk of misperception is relevant as a type of functionalist consideration: Pointing to evidence that § 214(d) drew objections from Palestine and … Continue reading →

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On the Senate Letter to Iran

Posted on March 10, 2015 by Ryan Scoville

A few quick points on yesterday’s open letter from 47 Republican Senators to the government of Iran: (1) I don’t see legislative communications with foreign governments as categorically or even mostly unconstitutional, especially when Congress doesn’t purport to speak on behalf … Continue reading →

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Some Historical Perspective on Netanyahu’s Address to Congress

Posted on January 21, 2015 by Ryan Scoville

Today there’s some interesting news from the realm of foreign relations law: Israeli Prime Minister Benjamin Netanyahu will give an address to Congress next month on the topic of Iran’s nuclear program, presumably to encourage legislators to support a hardline … Continue reading →

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Recommended Reading on U.S. Foreign Relations Law: 2014 Edition

Posted on December 16, 2014 by Ryan Scoville

With the end of the year approaching, I’ll share a list of 10 really good articles from 2014 on the subject of U.S. foreign relations law, somewhat broadly defined. These aren’t the only noteworthy articles, but each stood out to me … Continue reading →

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Does the Legalization of Marijuana Violate International Law?

Posted on October 24, 2014 by Ryan Scoville

The shift toward legalization of marijuana has gained a lot of momentum in the past few years. By a recent count, more than twenty states have enacted legislation that permits use of one form or another. Most allow only medical … Continue reading →

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Gingery v. City of Glendale

Posted on September 8, 2014 by Ryan Scoville

Back in July 2013, the City of Glendale, California installed a “Comfort Woman Peace Monument” in its Central Park in memory of Korean women who were victimized by the Japanese army during World War II. A few months later, a small … Continue reading →

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A Few Belated Thoughts on Bond v. United States

Posted on July 25, 2014 by Ryan Scoville

I’m a bit late on this, but I’ll offer a few thoughts on the decision in Bond v. United States, which addressed a challenge to a statute that Congress passed in 1998 to implement the Chemical Weapons Convention (“CWC”). Most have … Continue reading →

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Guest Post at Opinio Juris

Posted on April 30, 2014 by Ryan Scoville

I’ve done a guest post on Zivotofsky v. Kerry, the Israel passport case, over at the international law blog Opinio Juris. It’s available here.

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