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America and the Law of Nations 1776-1939$
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Mark Weston Janis

Print publication date: 2010

Print ISBN-13: 9780199579341

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780199579341.001.0001

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Jefferson, Madison, and Marshall: The Law of Nations and the New Republic

Jefferson, Madison, and Marshall: The Law of Nations and the New Republic

Chapter:
(p.24) 2 Jefferson, Madison, and Marshall: The Law of Nations and the New Republic
Source:
America and the Law of Nations 1776-1939
Author(s):

Mark Weston Janis

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199579341.003.0002

No group of America's leaders has ever been more mindful of the law of nations than were the Founding Fathers. This chapter tells a little of that story. It begins with American perceptions of the law of nations during the Revolution and Confederation (1776-1789), focusing on Thomas Jefferson and the Declaration of Independence. Second, it turns to the importance of the law of nations in the framing of the US Constitution (1787-1789), focusing on James Madison. Third, the chapter explores how the founders relied on international law in early American diplomacy. Finally, it looks to the incorporation of the law of nations in early American judicial practice, particularly the contribution made by John Marshall.

Keywords:   law of nations, American Revolution, Confederation, Thomas Jefferson, Declaration of Independence, US Constitution, James Madison, international law, American diplomacy, American law

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