Overruling the Constitution:
The Norms and Natural LawOverruling the Constitution: The Norms and Natural Law


Notes

Authorship not stated in numbered notes is unknown.

Sources, apart from those in the main text and in the numbered notes, are listed after the numbered notes and without regard to chapterization. Generally, such sources are URLs for links and have access dates. Such linked sources are not necessarily substantiation of the link text or of text preceding the link text but may provide additional information.

Note to Chapter 1

^ 1. Lengthy Prison Terms for Lucchese Crime Family Members (in section News) (FBI, U.S. Department of Justice, ) (La Cosa Nostra), <https://www.fbi.gov/news/stories/la-cosa-nostra-members-sentenced>, as accessed .

Notes to Chapter 2

^ 2. The Constitution of the United States: A Transcription ([College Park, Md.:] [U.S. National Archives and Records Administration], n.d.), <https://www.archives.gov/exhibits/charters/constitution_transcript.html>, as accessed , , & , as confirmed with High-Resolution Constitution Page 4 Image (Constitution_Pg4of4_AC.jpg) ([College Park, Md.: U.S. National Archives and Records Administration], n.d.), <https://www.archives.gov/exhibits/charters/slurp_file.php?fileref=6>, as accessed ; place of publication per Contact Us (College Park, Md.: U.S. National Archives and Records Administration, n.d.), <http://www.archives.gov/contact/>, as accessed ; name of publisher, where bracketed in this note, per untitled (College Park, Md.: U.S. National Archives and Records Administration, n.d.), <http://www.archives.gov/>, as accessed .

^ 3. The URL was as accessed .

^ 4. The Constitution of the United States: A Transcription, id., n. 2, supra, as accessed .

^ 5. This was reported in , but I don’t recall a specific source. There is more in this essay on refusal of an order specifically in a military context, supra.

^ 6. This was reported on or before , but I don’t recall a specific source.

^ 7. Nor is it about domestic servants or, if they exist in this kind of context, various other topics.

^ 8. Research by Topic (section America's Founding Documents) ([College Park, Md.:] U.S. National Archives and Records Administration, n.d.) (another section is dated & possibly updated frequently, perhaps daily), <http://www.archives.gov/research%2Ftopics%2F>, as accessed , & .

^ 9. Moreno, Paul, The U.S. Supreme Court and Natural Law ([Princeton, N.J.:] Witherspoon Institute (Natural Law, Natural Rights, and American Constitutionalism ser.), & © ) (author was of Hillsdale College), <http://www.nlnrac.org/american/u.s.-supreme-court>, as accessed , & ; Moreno held a chair in Constitutional history in and received his Ph.D. in , <https://www.hillsdale.edu/faculty/paul-moreno/>, as accessed .

^ 10. E.g., Grace, Bruce R., Ignorance of the Law as an Excuse (section Introduction), in 86 Columbia Law Review 1392, ((issue no. 7) ) (in section Notes) (criminal law), in JStor, <https://www.jstor.org/stable/1122714?seq=1#page_scan_tab_contents>, as accessed .

^ 11. The Reformation (BBC, ), <http://www.bbc.co.uk/bitesize/ks3/history/tudors_stuarts/reformation/revision/4/>, as accessed .

^ 12. I don’t have a source for this, but heard of it recently in a radio broadcast. The event reportedly occurred soon after Tanzanian independence.

^ 13. Froese, Paul, Forced Secularization in Soviet Russia: Why an Atheistic Monopoly Failed (), <https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=8&cad=rja&uact=8&ved=0ahUKEwjRl9Hu47XOAhUG6xoKHWG2CacQFghZMAc&url=http%3A%2F%2Fdev.wcfia.harvard.edu%2Fsites%2Fdefault%2Ffiles%2F826__Froese-Forced%2520Secularization%2520in%2520Russia.doc&usg=AFQjCNEtpTSTbWEs628K1Gx1_WBDd-boRA>, as accessed .

^ 14. See McGuigan, Brendan, Culture & Religion of Saudi Arabia) (s.l.: USA Today (in section Travel Tips, in section Travel), n.d.) (author was of studioD), <http://traveltips.usatoday.com/culture-religion-saudi-arabia-15694.html>; Saudi Arabia: International Religious Freedom Report ([Washington, D.C.:] Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, n.d. (presumably published in titular year or, next likely, the immediately subsequent year)), <http://www.state.gov/j/drl/rls/irf/2008/108492.htm>; Saudi National Portal (s.l.: s.n. (presumably Kingdom of Saudi Arabia), last modified ), <http://www.saudi.gov.sa/wps/portal/saudi/aboutKingdom/factsKingdom> > En > Religion; all as accessed , & .

^ 15. See Lipka, Michael, & Conrad Hackett, Why Muslims are the World’s Fastest-Growing Religious Group (Washington, D.C.: Pew Research Center (in Fact Tank: News in the Numbers), ), <http://www.pewresearch.org/fact-tank/2015/04/23/why-muslims-are-the-worlds-fastest-growing-religious-group/>, as accessed .

^ 16. World POPClock Projection (Population Division, U.S. Census Bureau, U.S. Department of Commerce, last rev’d ), <https://www.census.gov/population/popwnotes.html>; accord, U.S. and World Population Clock (U.S. Census Bureau, U.S. Department of Commerce, n.d. (continuously updating while being observed)) (World Population observed at one moment as 7,345,888,913 but said in World POPClock Projection, supra in this note, as not to be taken as exact to the individual), <https://www.census.gov/popclock/world>; both as accessed .

^ 17. Id., n. 15, supra.

^ 18. The claim of Godlessness was a popular one and probably was made by politicians, possibly including at least one U.S. head of state of the time. It may have been intended to inspire or increase popular support for war should it ever have broken out, but that doesn’t mean it was offered within the norms as a lawful ground for a then-prospective war.

It was probably also widely misunderstood by laity as inherent in Communism. There are religious practices promoting economic systems that might reasonably be described as communist without being Godless. The misunderstanding makes separation of the reasons for opposition to the exporting difficult. Both were also entangled with the issue of the instituting of Socialism (with a striving toward Communism) in the Soviet Bloc in a violent way and with the issue of its economic success being limited compared to economic success in the U.S. Thus, disaggregating Godlessness for historical legal purposes in this context may be beyond our ability.

^ 19. Jucca, Lisa, Benjamin Kang Lim, & Greg Torode, After Decades of Mistrust, Pope Pushes For Diplomatic Breakthrough with China (The Church and China) (Reuters Investigates ser.) (), <http://www.reuters.com/investigates/special-report/china-vatican/>, as accessed , & .

Notes to Chapter 3

^ 20. For the wording, I use topic instead of subject to avoid confusion with subject as ‘person . . .’, although U.S. legal writing typically uses subject for both meanings.

^ 21. The comment is from this author’s memory (it was in either singular or plural form), but no source is remembered.

^ 22. Id., n. 16, supra.

Notes to Chapter 4

^ 23. Transcript of Monroe Doctrine () ([U.S.] National Archives and Records Administration, n.d.) (attributed to The Avalon Project (Yale Law School)), <https://www.ourdocuments.gov/doc.php?doc=23&page=transcript>, as accessed , & .

^ 24. Monroe Doctrine () ([College Park, Md.:] [U.S.] National Archives and Records Administration, n.d.), <https://www.ourdocuments.gov/doc.php?flash=false&doc=23>, as accessed .

Note to Chapter 5

^ 25. See, generally, Brown, Donald E., Human Universals () (author was professor on anthropology). Brown’s book was cited in a book by Prof. Stephen Pinker, Pinker interpreting it as evincing human biological cause although Brown accepted the possibility of early informal convention in human prehistory without biological determinism.

Note to Chapter 6

^ 26. Comprehensive Nuclear Test-Ban Treaty (CTBT) (s.l.: Bureau of Arms Control, Verification, and Compliance, U.S. Department of State, n.d.), <http://www.state.gov/t/avc/trty/16411.htm>, as accessed .

Notes to Chapter 9

^ 27. United Kingdom: Constitution and Politics ([London:] The Commonwealth, ), <http://thecommonwealth.org/our-member-countries/united-kingdom/constitution-politics>; Canada: Constitution and Politics ([London:] The Commonwealth, ), <http://thecommonwealth.org/our-member-countries/canada/constitution-politics>; Australia: Constitution and Politics ([London:] The Commonwealth, ), <http://thecommonwealth.org/our-member-countries/australia/constitution-politics>; New Zealand: Constitution and Politics ([London:] The Commonwealth, ), <http://thecommonwealth.org/our-member-countries/new-zealand/constitution-politics>; Antigua and Barbuda: Constitution and Politics ([London:] The Commonwealth, ), <http://thecommonwealth.org/our-member-countries/antigua-and-barbuda/constitution-politics>; Bahamas, The: Constitution and Politics ([London:] The Commonwealth, ), <http://thecommonwealth.org/our-member-countries/bahamas/constitution-politics>; Barbados: Constitution and Politics ([London:] The Commonwealth, ), <http://thecommonwealth.org/our-member-countries/barbados/constitution-politics>; Belize: Constitution and Politics ([London:] The Commonwealth, ), <http://thecommonwealth.org/our-member-countries/belize/constitution-politics>; Grenada: Constitution and Politics ([London:] The Commonwealth, ), <http://thecommonwealth.org/our-member-countries/grenada/constitution-politics>; Jamaica: Constitution and Politics ([London:] The Commonwealth, ), <http://thecommonwealth.org/our-member-countries/jamaica/constitution-politics>; Papua New Guinea: Constitution and Politics ([London:] The Commonwealth, ), <http://thecommonwealth.org/our-member-countries/papua-new-guinea/constitution-politics>; Saint Lucia: Constitution and Politics ([London:] The Commonwealth, ), <http://thecommonwealth.org/our-member-countries/saint-lucia/constitution-politics>; Solomon Islands: Constitution and Politics ([London:] The Commonwealth, ), <http://thecommonwealth.org/our-member-countries/solomon-islands/constitution-politics>; St Kitts and Nevis: Constitution and Politics ([London:] The Commonwealth, ), <http://thecommonwealth.org/our-member-countries/st-kitts-and-nevis/constitution-politics>; St Vincent and The Grenadines: Constitution and Politics ([London:] The Commonwealth,), <http://thecommonwealth.org/our-member-countries/st-vincent-and-grenadines/constitution-politics>; Tuvalu: Constitution and Politics ([London:] The Commonwealth, ), <http://thecommonwealth.org/our-member-countries/tuvalu/constitution-politics>; all as accessed ; place of publication per Contacts (London: The Commonwealth, ), <http://thecommonwealth.org/contacts>, as accessed .

^ 28. The Holocaust: A Learning Site for Students (Washington, D.C.: United States Holocaust Memorial Museum, n.d.) (quotation), <https://www.ushmm.org/outreach/en/article.php?ModuleId=10007704>, as accessed .

Notes to Chapter 10

^ 29. See U.S. Constitution, article II, section 2, in The Constitution of the United States: A Transcription, id., n. 2, supra, as accessed , & .

^ 30. The quotation and its context are from this author’s memory, but no source, other than it was a modern radio broadcast interview heard probably in the decades of the s or the s in New York City (the broadcast may not have originated in that city), is remembered.

^ 31. Roiphe, Katie (authorship uncertain but probable), Bushwhacked, in The Guardian (in section US News) () (arrest in ), <https://www.theguardian.com/world/2001/jun/01/usa.features11>, as accessed .

^ 32. Amy Carter Arrested During Embassy Protest, in Chicago Tribune () (attributed to United Press International, in not yet owned by News World Communications, Inc., the latter owned by the Unification Church (News World Communications, Inc. Company Profile (s.l.: Yahoo! Finance, n.d.), <https://biz.yahoo.com/ic/54/54437.html>, as accessed ) & the Church’s cofounder Rev. Sun Myung Moon(Who We Are ([N.Y.:] Family Federation for World Peace and Unification USA, ), <http://familyfed.org/about-us/>, & Frequently Asked Questions ([N.Y.:] Family Federation for World Peace and Unification USA, last updated ), <http://familyfed.org/faq/>, both as accessed )) () (age 17 at arrest), <http://articles.chicagotribune.com/1985-04-09/news/8501200327_1_amy-carter-embassy-protest-arrested>, as accessed .

^ 33. Amy Carter Arrested in Campus Protest of CIA Recruiting, in Los Angeles Times () (attributed to Associated Press) (age 19 at arrest), <http://articles.latimes.com/1986-11-25/news/mn-13294_1_amy-carter>, as accessed .

^ 34. Member States ([N.Y.:] United Nations, n.d.), <http://www.un.org/en/member-states/>, & Non-Member States ([N.Y.:] United Nations, n.d.), <http://www.un.org/en/sections/member-states/non-member-states/index.html>, both as accessed .

^ 35. See Kalt, Joseph P., & Joseph William Singer, Myths and Realities of Tribal Sovereignty: The Law and Economics of Indian Self-Rule (John F. Kennedy School of Government, Harvard Univ. (Faculty Research Working Papers ser.), ), p. 4 (p. 7 per PDF reader) (“Indian nations pre-exist the United States and their sovereignty has been diminished but not terminated. Tribal sovereignty is recognized and protected by the U.S. Constitution, legal precedent, and treaties, as well as applicable principles of human rights.”), <http://scholar.harvard.edu/files/jsinger/files/myths_realities.pdf>, as accessed ; see also id., Kalt & Singer, supra (in this note), pp. 7 ff. (pp. 10 ff. per PDF reader) (e.g., de recto, de jure, & de facto recognition; including on Canada, Australia, and New Zealand; in the U.S., tribal sovereignty is legally not based on race).

^ 36. I do not recall a source, unless it was a single-question interview of Leonid Brezhnev, then the head of state of the Soviet Union, published in Moscow News, then an official publication, in English, of, I think, either the Soviet Union or the Communist Party of the Soviet Union (the major or only political party of the nation at the time), published in Moscow. The single question, I think, was, approximately, “What is the future of Communism?” I don’t assume that Brezhnev wrote the interview answer himself but that he or someone with his permission approved the answer for publication on his behalf.

^ 37. Sagan, Carl, Pale Blue Dot: A Vision of the Human Future in Space (N.Y.: Random House, ) (permanent break between space travelers formerly of Earth and people still on Earth).

Notes to Chapter 11

^ 38. Jus Cogens, entry in Wex ([Ithaca, N.Y.:] Legal Information Institute (LII), Cornell Univ. Law School, n.d.), <https://www.law.cornell.edu/wex/jus_cogens>, as accessed .

^ 39. Jus Cogens, entry in Wex, op. cit.

^ 40. Jus Cogens, entry in Wex, op. cit.

^ 41. There is one exception, infra, by the norms.

^ 42. See the discussion in Adjectival Content of the Norms, infra.

^ 43. See the discussion in Adjectival Content of the Norms, infra.

^ 44.The term is defined in Bump, Philip, What Is a ‘False Flag’ Attack, and What Does Boston Have to Do with This?, in The Wire: News From the Atlantic, archived by The Atlantic ( &, per URL & content, probably ), <http://www.theatlantic.com/national/archive/2013/04/what-is-false-flag-attack-boston-bombing/316235/>, as accessed .

^ 45. Historical National Population Estimates: to ([Washington, D.C., or Suitland, Md.:] Population Estimates Program, Population Division, U.S. Census Bureau, rev. ), <http://www.census.gov/popest/data/national/totals/pre-1980/tables/popclockest.txt>, as accessed .

^ 46. Certificates of Non Citizen Nationality (s.l.: Bureau of Consular Affairs, U.S. Department of State, n.d.), <https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/certificates-of-non-citizen-nationality.html>, as accessed , & .

^ 47. Powell, Alvin, The Surprising Origins of Europeans, in Harvard Gazette (in section Science & Health, subsection Culture & Society) (s.l.: s.n. (presumably Harvard Univ.), ), <http://news.harvard.edu/gazette/story/2014/12/the-surprising-origins-of-europeans/>, as accessed .

^ 48. EU Treaties (s.l.: European Union, last update ) (list), <https://europa.eu/european-union/eu-law/decision-making/treaties_en>, as accessed .

^ 49. Radio and Television Report to the American People on the Soviet Arms Buildup in Cuba, (Boston, Mass.: John F. Kennedy Presidential Library and Museum (Transcript), n.d.), <https://www.jfklibrary.org/Asset-Viewer/sUVmCh-sB0moLfrBcaHaSg.aspx>, as accessed , & .

^ 50. Ibid.

^ 51. Ibid.

^ 52. U.S. Charges Five Chinese Military Hackers for Cyber Espionage Against U.S. Corporations and a Labor Organization for Commercial Advantage (in Justice News) (Washington, D.C.: Office of Public Affairs (14-528), U.S. Department of Justice, , updated ), <https://www.justice.gov/opa/pr/us-charges-five-chinese-military-hackers-cyber-espionage-against-us-corporations-and-labor>, as accessed .

^ 53. Tucker, Eric, US Charges Chinese Officials in Cyberspying Case (Associated Press (AP) (AP News ser., The Big Story ser.), ) (“[t]he new indictment attempts to distinguish spying for national security purposes - which the U.S. admits doing - from economic espionage intended to gain commercial advantage for private companies or industries, which the U.S. denies it does”), <http://bigstory.ap.org/article/us-official-china-cited-cyber-espionage-case>, & Nakashima, Ellen, Following U.S. Indictments, China Shifts Commercial Hacking Away From Military to Civilian Agency, in The Washington Post (in section National Security) ([Washington, D.C.:] ) (“[i]n the following months [after “the indictments”], the Chinese military quietly began dismantling its economic espionage apparatus, officials said. PLA [“People’s Liberation Army”] leaders, with Xi’s [“President Xi Jinping[’s]”] approval, reviewed the military’s cyber-activities. They cracked down on moonlighters within the PLA who were hacking on the side to sell information to companies, and they attempted to halt collection of data that was not central to the national security mission.”), <https://www.washingtonpost.com/world/national-security/following-us-indictments-chinese-military-scaled-back-hacks-on-american-industry/2015/11/30/fcdb097a-9450-11e5-b5e4-279b4501e8a6_story.html>, both as accessed .

^ 54. Jus Cogens, entry in Wex, op. cit.

^ 55. Genocide, entry in Wex ([Ithaca, N.Y.:] Legal Information Institute (LII), Cornell Univ. Law School, n.d.) (other harms), <https://www.law.cornell.edu/wex/Genocide>, as accessed .

Notes to Chapter 12

^ 56. Hathaway, David H., Solar Rotation (Huntsville, Alab.: Solar Physics Group, Marshall Space Flight Center, National Aeronautics and Space Administration (NASA), ) (about 24 days near the equator and over 30 days near the poles), <http://solarscience.msfc.nasa.gov/sunturn.shtml>, as accessed .

^ 57. Id., supra, n. 21.

^ 58. Teaching With Documents: The United States Enters the Korean Conflict ([College Park, Md.:] U.S. National Archives and Records Administration, n.d.) (originally published in Social Education (National Council for the Social Studies)), <https://www.archives.gov/education/lessons/korean-conflict%2F>, as accessed .

^ 59. Veytskin, Yuriy, Claire Lockerby, Steven McMullen, Matthew Schorr, Lindsey Barrett, & Colby Leachman, The Soccer War ([Durham, N.Car.:] Duke Univ., , edited & updated , & © ), in Soccer Politics: A Discussion Forum About the Power of the Global Game (in section Soccer Politics), <https://sites.duke.edu/wcwp/research-projects/the-soccer-war/>, as accessed .

^ 60. Havely, Joe, Former New Zealand Chief Claims Quayle Threatened Him (in section World) (s.l. (dateline Wellington, N.Z.): Cable News Network (CNN), , & © ), <http://www.cnn.com/2002/WORLD/asiapcf/auspac/03/26/nz.lange/>, as accessed , & .

^ 61. War Powers Resolution (also known as War Powers Act), P.L. 93-148, 87 Stat. 555, 50 U.S.C. 1541–1548 (statute), as discussed in War Powers ([Washington, D.C.:] The Law Library of Congress, Library of Congress, last updated ), <https://www.loc.gov/law/help/war-powers.php>, as accessed .

^ 62. Also known as Usama Bin Laden, Usama (Osama) Bin Laden (in FBI Records: The Vault) (Federal Bureau of Investigation, U.S. Department of Justice, n.d.), <https://vault.fbi.gov/osama-bin-laden>, as accessed .

^ 63. Transcript of President Bush’s Address: Transcript of President Bush’s Address to a Joint Session of Congress on Thursday Night, . (sic) (in section U.S.) (s.l.: Cable News Network (CNN),), <http://edition.cnn.com/2001/US/09/20/gen.bush.transcript/>, as accessed , & probably ante, .

^ 64. Id., n. 49, supra.

^ 65. See the discussion in Deception in War and Elsewhere and others in Probing, in Provocation, and (trivially, given a lack of coverage in this essay) in War Crimes, all in chapter 11, Substantive Content of the Norms, supra.

^ 66. The quotation and its context are from this author’s memory, but no source, other than it was a modern radio broadcast interview heard in the decade of the

^ 67. Sell, Louis, From Washington to Moscow: US-Soviet Relations and the Collapse of the USSR (Durham: Duke Univ. Press, pbk. 2016 (ISBN 978-0-8223-6195-4)), p. 162.

^ 68. Id., p. 163 & see p. 163 n. 42.

Notes to Chapter 13

^ 69. Some people argue that it is technologically impossible to turn off any major part of the Internet or to hijack massive numbers of websites. It likely would be difficult. It is not impossible. In general, any system made by people can be undone by people.

The Internet runs on electricity and the electric supply can be turned off. Backup batteries would soon run out of power and recharging can be refused. With planning and spending, more fine-tuned controls can be installed and a button given to the President, for example. Probably s/he doesn’t have one now but he could make one phone call and the effect could be about the same.

While websites that might be substituted for are numerous and dispersed, the backbone computers that direct traffic to them are fewer and can be reprogrammed or replaced so the traffic goes elsewhere.

The installing of an alternative power system or an alternate routing system can be forbidden.

The only difficulty that has legal implications here is that another nation might be adversely affected by a foreign cutoff of the Internet, even in part, especially if two nations other than the nation that turned its Internet off are thereby unable to communicate with each other through the Internet and they can’t turn it on in time to prevent a major adverse consequence. That would be most likely if the cutting-off nation were the U.S., since it has so much of the infrastructure. If no treaty would be violated, whether the norms would be is something I don’t know. If there is an analogous right, it would not be the open seas since the seas are in no nation, that outer space is not subject to Earth’s national boundaries, or that a neutral nation must provide permission to transit if necessary so a belligerent nation may enforce its right in the norms against an enemy nation that otherwise cannot be reached. I do not know whether the norms provide to a nation a right of transit across another to meet its economic needs, but I doubt it. History gives examples of nations that went to war to gain economic resources, I think including a port with direct access to international seas, but maybe the officially legal grounds for those wars were otherwise, so the norms probably include no such right, so, in the norms, there may be no right to Internet access through a nation that disables it.

^ 70. Bennett, Christopher, How Yugoslavia’s Destroyers Harnessed the Media (in Frontline (s.l.: Public Broadcasting Service (PBS), n.d.)), <http://www.pbs.org/wgbh/pages/frontline/shows/karadzic/bosnia/media.html>, as accessed , & .

^ 71. NATO Member Countries ([Brussels, Belgium:] North Atlantic Treaty Organization, ) (U.S. as member of NATO), <http://www.nato.int/cps/en/natohq/nato_countries.htm>, as accessed .

^ 72. Filkins, Dexter, Death of a Prosecutor, in The New Yorker (in section A Reporter at Large) ([N.Y.:] (online ver.) ), <http://www.newyorker.com/magazine/2015/07/20/death-of-a-prosecutor>, as accessed ; except that the then–head of state being the then–President is in McDonnell, Patrick J., New President Takes Office in Argentina: The Nation’s First Elected Female Head of State Says She Is Up to the Task Despite the Challenges Ahead. (sic), in Los Angeles Times (in section The World) ([Los Angeles, Calif.:] , & © ) (“president”), <http://articles.latimes.com/2007/dec/11/world/fg-fernandez11>, as accessed .

^ 73. No citation is available for the quotation. This is recalled from a broadcast interview of an attorney. The broadcast was heard in the U.S.

^ 74. U.S. Constitution, article II, section 3 (the President “shall take Care that the Laws be faithfully executed”), in The Constitution of the United States: A Transcription, id., n. 2, supra, as accessed .

^ 75. Ibid.

Notes to Chapter 15

^ 76. - American Community Survey 5-Year Estimates ([Washington, D.C., or Suitland, Md.:] U.S. Census Bureau, U.S. Department of Commerce (American FactFinder ser., Selected Economic Characteristics ser., DP03, Table View), n.d. (presumably or )), <http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_14_5YR_DP03&src=pt>, as accessed .

^ 77. Buchanan, Leigh, The U.S. Now Has 27 Million Entrepreneurs, in Inc. (s.l.: Inc., ), <http://www.inc.com/leigh-buchanan/us-entrepreneurship-reaches-record-highs.html>, as accessed , & .

^ 77a. Crowley, Michael, What Worries Ben Rhodes About Trump, in Politico Magazine (section Washington and the World) (/), <https://www.politico.com/magazine/story/2017/01/obama-foreign-policy-legacy-ben-rhodes-donald-trump-china-iran-214642>, as accessed & .

^ 78. Shoichet, Catherine E., Bolivia: Presidential Plane Forced to Land After False Rumors of Snowden Onboard (s.l.: Cable News Network (CNN) (in section Americas), ), <http://www.cnn.com/2013/07/02/world/americas/bolivia-presidential-plane/>, & Lally, Kathy, & Juan Forero, Bolivian President’s Plane Forced to Land in Austria in Hunt For Snowden, in The Washington Post (in section Europe) ([Washington, D.C.:] ), <https://www.washingtonpost.com/world/bolivian-presidents-plane-forced-to-land-in-austria-in-hunt-for-snowden/2013/07/03/c281c2f4-e3eb-11e2-a11e-c2ea876a8f30_story.html>, both as accessed .

^ 79. Statement Regarding Barack Obama, in Media Inquiries (Chicago, Ill.: The Law School, The Univ. of Chicago, n.d.), <http://www.law.uchicago.edu/media>, as accessed , & .

^ 80. Ibid.

^ 81. Address by President Obama to the 71st Session of the United Nations General Assembly (President Barack Obama) (dateline United Nations, N.Y.) (Office of Press Secretary, White House, Briefing Room, Speeches & Remarks ser., ), <https://www.whitehouse.gov/the-press-office/2016/09/20/address-president-obama-71st-session-united-nations-general-assembly>, as accessed .

^ 82. President Bush Participates in Press Availability at U.S.-EU Summit (President George W. Bush) (dateline Zeremoniensaal Hall, Hofburg Palace, Vienna, Austria) (Office of Press Secretary, White House, News & Policies ser., ), <https://georgewbush-whitehouse.archives.gov/news/releases/2006/06/20060621-6.html>, as accessed .


Sources in All Chapters

The URLs from the links at “void international law as binding the U.S.”, “clause is misunderstood”, “less than its literal meaning”, “[u]nderstanding the phrase”, “does not deny that someone else might have concurrent authority so to define”, “law is not necessarily something written”, “nearly impenetrable language”, “when it was promulgated or by who”, “hasn’t been invoked against anyone in centuries”, “domestic law to bind a foreign”, “[d]ivision of responsibility”, “peremptory norms” (see also, as linked therefrom, Jus Cogens as the ‘Highest Law’? Peremptory Norms and Legal Hierarchies, by Kleinlein, Thomas, in Netherlands Yearbook of International Law, vol. 46, pp. 173–210 () (SSRN-id2923974.pdf (as accessed the same day))), are as accessed . The URL from the link at “unconditional surrenders” is as accessed . The URLs from the links at “[n]atural law”, “newly discovered” (see p. 163 (p. 16 per PDF reader) (“[d]iscovery of the natural law”)), and “[w]ho promulgated metaphysical natural law” are as accessed . The URLs from the links at “enforced by humans using the means” (regarding the metaphysical and debating narrow vs. wide judicial application of natural law), “probably not all of it has yet been discovered”, “the number of possible Big Bangs is not limited to one”, “U.S. President’s Executive Orders”, “opposed to monism, by which all law is integrated into a single system”, “dualism applies, by which domestic and international law exist in separate spheres”, “[u]nless both somehow apply”, and “weight of consensus among nations and among high judges and speakers of law” are as accessed . The URL from the link at “concurrences and dissents have no binding effect, although sometimes persuasive” is as accessed . The URLs from the links at “they won’t be”, “Hong Kong”, “self-defense under some circumstances”, “6–7 million years”, and “breach of sovereignty by the norms” are as accessed . The URL from the link at “absence of peace being legally exceptional, even if factually continuous” (the URL being for Public Law 116-35, section 2(a)(34), 133 Stat. 1043 (Let Everyone Get Involved in Opportunities for National Service Act or LEGION Act (slip law (PDF))) (“Since , the unrecognized war eras involving active United States military personnel who were wounded and killed serving their country were administered under orders from the commander in chief and with the consent of Congress, proving that the United States has been conducting deadly wartime service to protect the country consistently since