An Inward- or Outward-Looking Constitution?

Noah Feldman’s cover article in this past Sunday’s New York Times is a must read. Feldman provides useful background on how the decisions of the U.S. Supreme Court are increasingly affecting foreign policy. His framing of the debate surrounding the intersection of constitutional law and international law is also quite useful. He describes the two sides of the debate as “conservative and inward-looking” vs. “liberal and outward-focused,” and illustrates how in two recent decisions — Boumediene v. Bush and Medellín v. Texas — the liberal and conservative view, respectively, each notched a victory. Feldman writes: The Boumediene decision saw the […]