Thank you to Opinio Juris for having me back. It’s always a great pleasure and honor to guest blog at such a terrific forum. The volume of essays under review is an impressive and extraordinarily useful collection. I learned something—and often many things—from every essay I read. I was consistently impressed with how the authors discussed controversial and...
Thanks to Opinio Juris for inviting me back. These things are always fun. I’m not going to try to systematically address Boumediene, but will instead offer a few thoughts about Boumediene's use of history and the relationship between Boumediene and Munaf. 1. I agree with much of the Chief’s and Scalia’s criticisms of the Boumediene majority opinion’s aggressive...
One of my major purposes in discussing Professor Ramsey’s treatment of the scope of the president’s power to respond to attacks was to suggest that here, on this topic, his book may not meet its goal of giving dispositive interpretive weight to the written constitutional text as understood by Americans at the time of ratification. To the extent, then,...
[We are very pleased to have Andrew Kent's participation in this online symposium on The Constitution's Text in Foreign Affairs. J. Andrew Kent is an associate professor of law at Fordham University School of Law. Although he is new to the academy, Professor Kent has already published important works in the area of foreign relations law including "A...
[Andrew Kent is a Climenko Fellow at Harvard Law School and beginning next year will be a professor of law at Fordham Law School] Let me start by thanking Opinio Juris for giving me a chance to offer some preliminary thoughts about the D.C. Circuit’s recent decision in Boumediene / Odah Guantanamo detainee litigation. 1. The threshold statutory issue...
