The Supreme Court and Foreign Policy

The Supreme Court and Foreign Policy

The Supreme Court cannot become involved in a foreign policy, or any other policy, unless there is a legal dispute about it. If there is a legal dispute, the Supreme Court must decide whether or not to hear it. Most Supreme Court cases related to foreign policy focus on the powers of the executive and legislative branches, as seen in United States v. Curtiss-Wright Export and Hamdan v. Rumsfeld. Less often, the focus is on the extent to which foreign policies infringe on individual rights (e.g., the treatment of detainees).

Critics of the Supreme Court’s lack of involvement in foreign policy argue that foreign policy cases about individual rights should be heard, given the Supreme Court’s responsibility to uphold individual rights outlined in the Constitution. Supporters of the Supreme Court’s lack of involvement in foreign policy argue that in areas as publicly controversial as foreign policy and individual rights, the Supreme Court should defer to elected officials in the executive and legislative branches. For this Discussion, you consider these and other arguments and their implications on policy.

To prepare for this Discussion: