Internationalism of Justice Harry Blackmun, The

McGuinness, Margaret E.

Journal: Missouri Law Review

Volume: 70

Year: 2005

Bluebook Citation: 70 MO. L. REV. (2005)

Author: Margaret E. Mcguinness: all 7 publications


Abstract

This comment is intended to provide a roadmap for closer examination of the Blackmun Papers and to evaluate the sources of internationalism in Justice Blackmun's opinions. An understanding of those sources can in turn inform typologies of internationalism among other Justices, past, present, and future. It seems particularly salient to be discussing the internationalist aspects of Justice Blackmun's legacy today, at a time when the Court is deeply divided on questions of executive power over foreign affairs, the relevance of foreign and international political practices and judicial opinions to constitutional interpretation, and the extent to which decisions of international tribunals are binding on U.S. courts. Justice Blackmun's appeal to the broad interests of the international community and to the universality of human rights echoes throughout these contemporary debates.

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