International law and constitutional interpretation: the commander in chief clause reconsidered. From: Michigan Law Review | Date: October 1, 2007| Author: Wuerth, Ingrid Brunk | COPYRIGHT 2007 Michigan Law Review Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group.Copyright information

The Commander in Chief Clause is a difficult, underexplored area of constitutional interpretation. It is also a context in which international law is often mentioned, but not fully defended, as a possible method of interpreting the Constitution. This Article analyzes why the Commander in Chief Clause is difficult and argues that international law helps resolve some of the problems that the Clause presents. Because of weaknesses in originalist analysis, changes over time, and lack o...

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