Curtis Bradley Guest-Blogging About “Historical Gloss and Foreign Affairs: Constitutional Authority in Practice”
I’m delighted to report that Prof. Curtis A. Bradley (Chicago) will be guest-blogging this coming week about his new book; here’s the publisher’s summary of the book:
A new interpretation of the constitutional law of foreign affairs, as it has been developed throughout its history by presidents and by Congress.
In the more than 230 years since the Constitution took effect, the constitutional law governing the conduct of foreign affairs has evolved significantly. But that evolution did not come through formal amendments or Supreme Court rulings. Rather, the law has been defined by the practices of Congress and the executive branch, also known as “historical gloss.”
Curtis A. Bradley documents this process in action. He shows that expansions in presidential power over foreign affairs have often been justified by reference to historical gloss, but that Congress has not merely stepped aside. Belying conventional accounts of the “imperial presidency” in foreign affairs, Congress has also benefited from gloss, claiming powers for itself in the international arena not clearly addressed in the constitutional text and disrupting claims of exclusive presidential authority.
Historical Gloss and Foreign Affairs proposes a constitutional theory that can make sense of these legal changes. In contrast, originalist theories of constituti
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