The Supreme Court in the Era of Bifurcated Review II

Abstract

The constitutional jurisprudence of foreign relations law was transformed over a period from the mid-1930s to the 1960s. The Supreme Court adopted an increasingly deferential posture toward executive decision-making in foreign affairs as executive agreements with foreign nations that did not take the form of treatises became increasingly common. The Court’s widening of due process rights in domestic cases did not occur in foreign relations cases until the end of the century, when habeas corpus claims were made by aliens detained on U.S. soil.