Foreign Affairs

Legislation would improve US support to rights defenders, journalists, and marginalized groups fighting authoritarian abuses of emergency powers abroad.

Given the Trump administration’s foreign policy proclivities, it’s likely that Congress will have to do much of the heavy lifting.

The publicly known facts about President Trump’s interactions with Ukraine constitute a prima facie case for impeachment based on abuse of presidential power.

President Donald Trump’s proposal to make massive cuts to the Fiscal Year 2020 U.S. foreign affairs budget has not attracted much attention in Washington, reflecting confidence…

As I noted in my previous post, although it was unnecessary to the Court’s holding, the proposition that Zivotofsky will now stand for—in briefs, in articles, and in constitutional…

“Congress may not enact a law that directly contradicts” the President’s “formal recognition determination.”  That’s the constitutional proposition in Justice Kennedy’s…

In my previous post, I described the principles of constitutional foreign affairs authority on which almost all of the Justices agreed in Zivotofsky.  In the posts that follow,…

The Justices were, of course, closely and sharply divided on the ultimate resolution of Zivotofsky (on which more shortly).  One of the most striking things about the decision,…

Why did Menachem Zivotofsky have Article III standing to sue?  Will Baude raised that question a few weeks ago in the New York Times.  In recent years the Court has insisted…

There’s already been a great deal of valuable online analysis of Monday’s decision in Zivotofsky v. Kerry, and there’s sure to be much more to follow.  The…