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By Peter Spiro

Behind July 4 Naturalization Ceremonies, Three Distortions

by Peter Spiro

by Peter Spiro The naturalization ceremony is now a part of the July 4th ritual, right up there with picnics, parades, and fireworks. The script is faithfully recounted in newspapers across the country. Dignified surroundings (courtrooms, historic sites, ballparks) with presiding local luminaries (judges, office holders, public intellectuals), celebratory family members in tow. US flag-waving […]

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How the Recess Appointments Case Speaks to Foreign Relations Law

by Peter Spiro

by Peter Spiro Not much surprise that the Supreme Court’s ruling in the recess appointments case NLRB v. Noel Canning would draw on historical practice, since there wasn’t much else to draw on. Breyer’s opinion in the case sets out a notable defense of practice as precedent: [I]n interpreting the [Recess Appointments] Clause, we put […]

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Canada Citizenship-Stripping Law (Probably) Violates International Law

by Peter Spiro

by Peter Spiro Canada last week enacted a major amendment (Bill C-24) to its citizenship law. As a general matter it makes citizenship harder to get and easier to lose. Residency periods for naturalization are lengthened and physical presence requirements toughened up, English and civics tests will apply more broadly, and naturalization fees are tripled. […]

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Bond Cheat Sheet

by Peter Spiro

by Peter Spiro As David Kaye notes, treaty-power advocates everywhere may be breathing a collective sigh of relief with the Supreme Court’s decision in Bond v. United States. I’m not so sure how big a difference it makes, given the Senate’s persistent refusal to put the treaty power to work. But from an academic perspective […]

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Supreme Court Ducks Broad Treaty Power Ruling in Bond

by Peter Spiro

by Peter Spiro The decision is here. The Court found unanimously that the federal government overreached in prosecuting Carol Anne Bond under a federal statute implementing the Chemical Weapons Convention for what was otherwise a simple assault in a lovers’ quarrel. The six-justice majority decided the case on non-constitutional, statutory groundsĀ – interpreting the statute (and […]

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