Foreign Affairs Federalism
The Myth of National
Exclusivity
Michael J. Glennon and
Robert D. Sloane
Description
In the U.S. legal system,
the federal government has traditionally been the only rightful arena for the
conduct of foreign affairs, especially in the case of national security,
military action, international trade, and treaty-making. However, the
pervasiveness of globalization and the attendant ease of cross-border
interactions, with implications for commerce and terrorism, have brought U.S.
states, counties, and municipalities increasingly into the federal government's
long-standing province of international relations. For example, states now
forge trade relationships with foreign governments through energy and
investment contracts that very much resemble treaties. If a foreign sovereign
violates any of these contracts or statutes, then civil or criminal action
against that sovereign could interfere with the U.S. federal government's
diplomatic relations overseas. Consequently, the legal status of states and
local governments in the conduct of foreign affairs is unclear and in need of
thoughtful analysis and guidance. In Foreign Affairs Federalism, Michael
Glennon and Robert Sloane study the constitutional allocation of foreign
affairs powers between the federal government and the states. They explain the
current law clearly and accessibly, identifying those areas where the law can
be confidently ascertained. Where the law cannot be determined, they suggest
the most plausible or compelling perspectives on existing doctrine. They also
appraise existing doctrine against the background of the diverse and
incompatible goals and challenges facing the United States in the twenty-first
century.
