Historical Gloss and Foreign Affairs
11/18/24 • 52 min
Episode 29 of Borderlines features distinguished scholar Professor Curt Bradley (Chicago) discussing his new book, Historical Gloss and Foreign Affairs: Constitutional Authority in Practice (Harvard University Press, 2024). Berkeley Law professor and Borderlines guest host Elena Chachko brings her foreign relations and administrative law background to guide this fascinating interview.
In the more than two centuries since the U.S. Constitution was adopted, the constitutional law that governs how the United States interacts with the rest of the world has evolved significantly. This evolution did not come about through formal amendments to the text of the Constitution or even through U.S. Supreme Court rulings. Instead, it came about primarily through the actions and interactions of Congress and the executive branch, as they responded to the changing nature of both the United States and the world environment.
Listeners will learn how and why the law governing the separation of powers, covering topics such as the making of “executive agreements,” the termination of treaties, and the waging of war, has been developed over time through historic governmental practices, rather than through judicial decisions or constitutional redrafting.
In his 1952 concurrence in the Youngstown steel seizure case, Justice Felix Frankfurter invoked the term “the gloss of history” to describe this phenomenon. Professor Bradley’s pioneering research illuminates the role of historical practice, or gloss, to justify both expansions of, and limitations on, presidential and legislative power relating to foreign affairs. The conversation brings fresh insights about the role of courts, the U.S. legal system’s relationship with international law, and “undeclared” U.S. military conflicts such as the Korean War and the “war on terrorism.”
Be sure to follow Borderlines on Apple Podcasts, Spotify, or wherever you get your podcasts to be notified about upcoming episodes. And please rate us on your favorite podcast app – it helps other people find our show and lets us know how we are doing. Thanks for listening!
For a full transcript and more show notes, please visit this episode page in the Berkeley Law podcast hub.
Hosted on Acast. See acast.com/privacy for more information.
Episode 29 of Borderlines features distinguished scholar Professor Curt Bradley (Chicago) discussing his new book, Historical Gloss and Foreign Affairs: Constitutional Authority in Practice (Harvard University Press, 2024). Berkeley Law professor and Borderlines guest host Elena Chachko brings her foreign relations and administrative law background to guide this fascinating interview.
In the more than two centuries since the U.S. Constitution was adopted, the constitutional law that governs how the United States interacts with the rest of the world has evolved significantly. This evolution did not come about through formal amendments to the text of the Constitution or even through U.S. Supreme Court rulings. Instead, it came about primarily through the actions and interactions of Congress and the executive branch, as they responded to the changing nature of both the United States and the world environment.
Listeners will learn how and why the law governing the separation of powers, covering topics such as the making of “executive agreements,” the termination of treaties, and the waging of war, has been developed over time through historic governmental practices, rather than through judicial decisions or constitutional redrafting.
In his 1952 concurrence in the Youngstown steel seizure case, Justice Felix Frankfurter invoked the term “the gloss of history” to describe this phenomenon. Professor Bradley’s pioneering research illuminates the role of historical practice, or gloss, to justify both expansions of, and limitations on, presidential and legislative power relating to foreign affairs. The conversation brings fresh insights about the role of courts, the U.S. legal system’s relationship with international law, and “undeclared” U.S. military conflicts such as the Korean War and the “war on terrorism.”
Be sure to follow Borderlines on Apple Podcasts, Spotify, or wherever you get your podcasts to be notified about upcoming episodes. And please rate us on your favorite podcast app – it helps other people find our show and lets us know how we are doing. Thanks for listening!
For a full transcript and more show notes, please visit this episode page in the Berkeley Law podcast hub.
Hosted on Acast. See acast.com/privacy for more information.
Previous Episode
CJEU Episode #4: European Union Court of Justice Series Interview with Vice President Lars Bay Larsen
Berkeley Law’s Borderlines podcast host, Professor Katerina Linos, and guest co-host, Professor Mark Pollack (Temple University), conduct a special interview series profiling Judges and Advocates General serving at the Court of Justice of the European Union (CJEU) in Luxembourg.
Episode #4 of the Borderlines CJEU Series features CJEU Vice President Lars Bay Larsen of Denmark. Vice President Bay Larsen served as a Judge at the Court of Justice since 2006 upon being nominated by his home country, Denmark. He was elected by his peers to two six-year terms as Chamber President before being elected Vice President of the Court of Justice, the position he held from October 2021 to October 2024.
Highlights of the interview include detailing the role of the Vice President at the Court and the use of interim and provisional measures; evolving Court decisions regarding privacy, security and technology; candid views on landmark cases such as Weiss and recent legislative policies like NextGenerationEU; and personal perspectives on taking time to find a career path and work-life balance.
Berkeley Law’s Borderlines features exclusive content with the world’s leading international law experts. Check out recent interviews with former ICJ President Donoghue and ICC President Hofmański – be sure to subscribe so you don’t miss an episode!
Please visit the episode page for a transcript and links to the cases and sources mentioned in the podcast.
Hosted on Acast. See acast.com/privacy for more information.
Next Episode
Interview with Advocate General Ćapeta
Berkeley Law’s Borderlines podcast host, Professor Katerina Linos, and guest co-host, Professor Mark Pollack (Temple University), conduct a special interview series profiling Judges and Advocates General serving at the Court of Justice of the European Union (CJEU) in Luxembourg. Episode #5 features CJEU Advocate General Tamara Ćapeta discussing her opinions and perspective with Professor Linos and Professor Pollack. Advocate General Ćapeta was appointed as the first Croatian Advocate General to the European Union Court of Justice in October 2021. She illuminates the role’s crucial function in Chambers which issue only unsigned, unanimous decisions. Advocates General write opinions and typically offer solutions in novel cases to help Judges grapple with the issues. Advocate General Ćapeta explains why it’s both solitary and liberating to express her solo views on crucial legal issues before the Court.
For full shownotes and a transcript, please visit the episode page on the Berkeley Law podcast hub.
Hosted on Acast. See acast.com/privacy for more information.
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