by David S. Schwartz
The thesis in “The International Law Origins of American Federalism” is mistaken: the Framers consistently and systematically rejected an international law conception of federalism. While Bellia & Clark’s article could offer a serviceable origin story for compact theory, it fails as an origin story for American federalism.
by Martin S. Flaherty
The founding history set out in “The International Law Origins of American Federalism” has the potential of influencing, or at least legitimating, major doctrinal trends at the Supreme Court—yet it does so with little to no evidence, at least from historical, rather than legal, scholarly standards.
by Ryan C. Williams
This essay seeks to steer a middle path between the extremes of “The International Law Origins of American Federalism” and Professor David Schwartz’s response piece; while the Constitution of 1787 reflected a clear break with the “pure” treaty model, law-of-nations principles might usefully guide and inform modern under-standings of federalism—at least to some degree.