Monday, July 04, 2005

The Founding Fathers as Internationalists

Just in time for Independence Day, Northwestern Law Prof John McGinnis has posted this neat little article arguing that the Founders were free traders much in the same vein that the U.S. government is today. In particular, he notes that the Continental Congress approved a "Model Treaty" that would have provided "national treatment" to treaty partners, e.g. that nationals of foreign countries would receive the same treatment in the U.S. for taxes and duties as U.S. nationals received in their countries. In other words, according to Prof. McGinnis, the Founders were free trading internationalists.

This is an interesting point, and provides yet another angle to a question that has recently percolated in the courts and the academy: Were the Founders liberal internationalists? Did they (in addition to free trade) also believe in respect for and compliance with international law as the primary mechanism of conducting foreign relations? Would they have believed that judges should, whenever possible, cite to international law and opinion in the development of constitutional law?

For many modern internationalist scholars, the answer to this question is a "yes." Now, few internationalists are also originalists, but it is a trope of internationalist foreign relations scholarship to cite to the Founders anyway, if only to embarrass their originalist/formalist critics.

My own view is that the Founders were probably liberal internationalists in many ways, but their commitment to such internationalism is only mildly reflected in the actual text of the Constitution. Here, it might be useful to draw on Justice Scalia's distinction between "original intent" and "original meaning." We might speculate about what the Founders would want to do with today's issues, but the proper legal analysis should focus on what the Founders meant in the use of particular words in drafting the Constitution.

Which brings me back, in a very roundabout way, to the Declaration's famous internationalist language recommending "decent respect for the opinions of mankind." (discussed previously here). I think this is more than admirable as a matter of political principle, but I don't think this language should matter a whole lot for constitutional interpretation unless someone can show me evidence that this phrase is somewhere in the Constitution in the guise of some other text.

Anyway, just some fodder for conversation today as you munch on your burgers and hot dogs at the pool or beach (and as long as you don't mind coming off a bit geeky). Happy July Fourth!


Blogger beautifuls said...

Buy Cheap Fluro Cambridge Satchel Cambridge Satchel Fluro Fluro Yellow Cambridge Satchel Fluro Pink Cambridge Satchel Cambridge Satchel Fluro Yellow Cambridge Satchel Fluro Pink with lower price and high quality.

2/28/2012 12:34 AM  
Blogger ninest123 Ninest said...

ninest123 08.04
oakley sunglasses, nike air max, michael kors outlet, prada outlet, tiffany jewelry, louboutin shoes, nike outlet, michael kors outlet online, kate spade outlet, tiffany jewelry, burberry factory outlet, oakley sunglasses, coach outlet, michael kors outlet online, michael kors handbags, longchamp outlet, chanel handbags, michael kors, nike air max, kate spade, coach purses, nike free, replica watches, cheap jordans, ray ban sunglasses, prada handbags, louboutin uk, gucci handbags, burberry outlet, michael kors outlet store, true religion outlet, ralph lauren polo, ray ban sunglasses, coach outlet, coach outlet store online, oakley sunglasses, longchamp outlet, christian louboutin, christian louboutin, ralph lauren outlet, tory burch outlet, longchamp bags

8/03/2015 10:26 PM  
Blogger ninest123 Ninest said...

nike air force, jordan pas cher, vans pas cher, abercrombie and fitch UK, vanessa bruno pas cher, nike blazer pas cher, nike air max, true religion outlet, polo lacoste pas cher, michael kors uk, nike air max pas cher, lunette ray ban pas cher, north face pas cher, louboutin pas cher, longchamp soldes, michael kors, hermes pas cher, converse, nike air max uk, nike air max uk, nike free, polo ralph lauren uk, burberry pas cher, longchamp pas cher, nike free pas cher, nike roshe run pas cher, north face uk, mulberry uk, lululemon outlet, hollister uk, michael kors outlet online, true religion outlet, timberland pas cher, nike tn pas cher, ray ban uk, lunette oakley pas cher, hogan sito ufficiale, new balance, sac guess pas cher, true religion jeans, abercrombie and fitch, ralph lauren pas cher

8/03/2015 10:27 PM  
Blogger ninest123 Ninest said...

beats by dre, babyliss pro, nike roshe run, hollister clothing, abercrombie, mcm handbags, p90x workout, nike trainers uk, wedding dresses, softball bats, timberland boots, insanity workout, nike air huarache, instyler ionic styler, herve leger, lululemon outlet, north face outlet, asics running shoes, new balance shoes, valentino shoes, mac cosmetics, chi flat iron, hermes handbags, iphone 6 cases, nfl jerseys, nike air max, soccer jerseys, soccer shoes, celine handbags, nike roshe uk, oakley, reebok outlet, salvatore ferragamo, north face outlet, giuseppe zanotti, abercrombie and fitch, ghd hair, mont blanc, vans outlet, bottega veneta, jimmy choo outlet, longchamp uk

8/03/2015 10:29 PM  
Blogger ninest123 Ninest said...

coach outlet, pandora jewelry, ugg,uggs,uggs canada, hollister, pandora uk, converse shoes outlet, ugg,ugg australia,ugg italia, pandora charms, vans scarpe, ray ban, toms shoes, ugg pas cher, gucci, bottes ugg pas cher, uggs on sale, converse, replica watches, swarovski jewelry, thomas sabo uk, uggs on sale, wedding dresses uk, uggs outlet, supra shoes, marc jacobs, uggs on sale, juicy couture outlet, links of london uk, louboutin, ugg uk, juicy couture outlet, polo ralph lauren, hollister, montre pas cher, karen millen uk, lancel, swarovski uk, nike air max, uggs outlet
ninest123 08.04

8/03/2015 10:30 PM  

Post a Comment

<< Home