constitutional rights; foreign nations
This response evaluates whether Professor Wuerth’s reading of the Constitution is correct. In so doing, this response considers the original understanding of these provisions, the law of nations as understood during the founding era, and Supreme Court case law close to the time of the founding. As explained below, I conclude that it is questionable that the Constitution extends rights to foreign nations.
Donald Earl Childress III,
Novel Perspectives on Due Process Symposium: Questioning the Constitutional Rights of Foreign Nations,
88 Fordham L. Rev.
Available at: https://ir.lawnet.fordham.edu/flro/vol88/iss1/6