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The Treaty Power, 43 U. Miami L. Rev. 106 (1988)


It seems particularly appropriate and timely that the Federalist Society should address the subject of the treaty power. For I can think of no area of separation of powers law in which recent executive practice has moved further from the original intent of the framers. Judge Sofaer has presented you with one version of how the treaty power has evolved over our Nation's 200-year constitutional history. Let me present a somewhat less sanguine, neo-Federalist account of what has happened to the treaty power over the last two centuries, and during the Reagan administration in particular.

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