January 5, 2009

ERIC POSNER ON BOLTON AND YOO ON THE TREATY POWER: “It didn’t take long for conservatives to rediscover limits on executive power. You’d think something—if not philosophical consistency, then at least manners—would cause them to hold off until, say, inauguration day.” Well, I thought the question of executive abrogation of treaties had been settled — practically, if not constitutionally — by Goldwater v. Carter. And Larry Tribe’s backdown on NAFTA suggests that inconsistency among politically connected academics is nothing new. Still, a decent interval and all that . . . .

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