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Medellin and Congress

by Curt Bradley

There is a way in which the Medellin decision fits very nicely with our discussion last week about congressional-executive agreements. Like Oona’s article, the decision in Medellin is very pro-Congress. The Court’s finding of non-self-execution means that it is reserving to Congress the determinations of whether and how to comply with the ICJ decision. Similarly, the Court’s presidential power holding means that the President must work with Congress if he or she wishes to convert non-self-executing international law into U.S. law. Finally, the Court’s reliance on Justice Jackson’s framework from Youngstown, particularly category 3 of that framework, envisions a significant role for Congress, even in foreign affairs. All of this is to be applauded, in my view.

March 28, 2008 -- Medellin and Youngstown
March 27, 2008 -- A Quick Response to Marty: Justice Stevens is a Foreign Affairs Federalist!
March 27, 2008 -- Justice Stevens Almost Gets It Right
March 26, 2008 -- Medellin v. Texas and Treaties’ End
March 26, 2008 -- First Reaction on Medellin, Self-Execution, Etc.
March 26, 2008 -- Comment on Medellin
March 26, 2008 -- The End of “Respectful Consideration” and the Birth of Disaggregated Deference
March 25, 2008 -- Further Thoughts on Medellin
March 25, 2008 -- Posner on Medellin: Chastening the Transnationalists
March 25, 2008 -- Medellin and the Perversion of Legal Realism
March 25, 2008 -- Making Texas Pay for Its Sins, or Why Ernesto Medellin May Live Out His Days in Prison
March 25, 2008 -- Medellin v. Texas: Another Set of Early Thoughts
March 25, 2008 -- Some More Quick Thoughts on Medellin
March 25, 2008 -- Local Lad Makes Good: Hollis Cited in Justice Breyer’s Medellin Dissent
March 25, 2008 -- Medellin v. Texas: “Modest and Fairly Careful”
March 25, 2008 -- Medellín, Non-Self-Executing Treaties, and the Supremacy Clause
March 25, 2008 -- Medellin’s Lawyer Speaks!
March 25, 2008 -- Medellin: It’s About the Death Penalty
March 25, 2008 -- Medellin: My Early Thoughts
March 25, 2008 -- Medellin: An Insta-Symposium
March 25, 2008 -- Texas Wins Medellin

See all posts related to: Medellin v. Texas Insta-Symposium

March 25th, 2008 - 2:06 PM EDT | Trackback Link |

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Medellin and Congress

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