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Law in American History, Volume III1930-2000$
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G. Edward White

Print publication date: 2019

Print ISBN-13: 9780190634940

Published to Oxford Scholarship Online: May 2019

DOI: 10.1093/oso/9780190634940.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 26 July 2021

The Supreme Court in the Era of Bifurcated Review II

The Supreme Court in the Era of Bifurcated Review II

Foreign Relations Cases

(p.444) 8 The Supreme Court in the Era of Bifurcated Review II
Law in American History, Volume III

G. Edward White

Oxford University Press

The constitutional jurisprudence of foreign relations law was transformed over a period from the mid-1930s to the 1960s. The Supreme Court adopted an increasingly deferential posture toward executive decision-making in foreign affairs as executive agreements with foreign nations that did not take the form of treatises became increasingly common. The Court’s widening of due process rights in domestic cases did not occur in foreign relations cases until the end of the century, when habeas corpus claims were made by aliens detained on U.S. soil.

Keywords:   habeas corpus, wartime, executive agreement, treaty, foreign relations, Litvinov Agreement, Soviet Union, enemy alien, foreign relations law

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