Our Foreign Relations Constitution

When I teach Foreign Relations, the first order of business for the class is to identify every provision of the U.S. Constitution that makes some explicit reference to foreign relations. (Of course this is somewhat artificial, as there are many provisions of the Constitution that affect foreign relations even though they make no explicit mention of foreign relations.) Here is the text of our Foreign Relations Constitution:





Preamble



We the People of the United States, in Order to … provide for the common defense … do ordain and establish this Constitution for the United States of America.





Article I



Section 2



No Person shall be a Representative who shall not have … been seven Years a Citizen of the United States…



Section 3



No Person shall be a Senator who shall not have … been nine Years a Citizen of the United States…



Section 8



The Congress shall have Power To lay and collect … Duties, Imposts, … and provide for the common Defence …;



To regulate Commerce with foreign Nations; …



To establish an uniform Rule of Naturalization…



To … regulate the Value … of foreign Coin…



To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations…



To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; …



To raise and support Armies…



To provide and maintain a Navy; …



To make Rules for the Government and Regulation of the land and naval Forces;…



To provide for calling forth the Militia to … repel Invasions;



To provide for organizing, arming, and disciplining, the Militia,…



Section 9



The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of … Invasion the public Safety may require it….



No … Duty shall be laid on Articles exported from any State….



[N]o Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State.



Section 10



No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal;…



No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws…



No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.



Article II



Section 1



No Person except a natural born Citizen … shall be eligible to the Office of President…



Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:–”I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”



Section 2



The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;…



He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors…



Section 3



[H]e shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed…



Section 4



The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for and Conviction of, Treason ….



Article III



Section 2



The judicial Power shall extend to all Cases … arising under … Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;… and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.



In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction….



Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed….



Section 3



Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.



The Congress shall have Power to declare the Punishment of Treason…



Article IV



The United States … shall protect each [State in this Union] against Invasion….



Article VI



This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land;…



Second Amendment



A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.



Third Amendment



No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law….



Fifth Amendment



No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger…



Eleventh Amendment



The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by … Citizens or Subjects of any Foreign State.



Fourteenth Amendment



Section 3



No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have … given aid or comfort to the enemies thereof….