What is the relationship between the US Constitution and international law?
The relationship between the US Constitution and international law is complex and ever-changing. International law is a set of rules and principles, developed by nations, designed to govern their relationships with one another and provide a framework for peaceful resolution of international disputes. On the other hand, the Constitution is the supreme law of the land in the United States and provides the framework for how our government works. American courts have long recognized the principle of comity – an understanding that international law should be respected and taken into account by the courts. For example, in the case of The Paquete Habana, the Supreme Court determined that customs and traditions of the sea should be respected, even if they had no basis in US laws. This means that US courts often consider international law in making decisions that involve foreign countries. The US Constitution also incorporates the idea of international law in its commerce clause. This clause allows the federal government to regulate foreign trade, impose tariffs, and collect customs duties. The Constitution also gives Congress the power to “define and punish . . . offenses against the law of nations,” suggesting that Congress has the authority to set rules for the United States’ interactions with foreign countries. Ultimately, the relationship between the US Constitution and international law is complex and ever-changing. It is defined by the evolving landscape of international relations and the legal decisions of the US Supreme Court.
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