A Call for Congress and the Courts to Reassert Themselves


“Restoring the Global Judiciary: Why the Supreme Court Should Rule in U.S. Foreign Affairs,” a book by Professor Martin Flaherty, co-director of the Leitner Center, was reviewed in the New York Law Journal.

In his seminal book, The Imperial Presidency (1973), Arthur Schlesinger observed that the U.S. Presidency was out of control, exceeding its constitutional limits, and accumulating power at the expense of Congress, particularly in foreign affairs. Like Schlesinger, Prof. Martin S. Flaherty laments the executive branch’s over-accumulation of power, but instead focuses on the diminution of federal judicial power in foreign affairs. In his new book, Flaherty convincingly argues that this trend is not only contrary to the intent of the Constitution’s framers, but it also encroaches on the role federal courts played in foreign affairs during the first century of the republic.

Flaherty holds a professorship at Fordham Law School, where he focuses on constitutional law, history, foreign affairs, and international human rights. In addition to teaching abroad and participating in human rights missions on four continents, he has chaired both the Council on International Affairs and the Committee on International Human Rights at the New York City Bar Association.

Read the full review.


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