Learning Resources, Inc. v. Trump · ¶230
“The `power over external affairs [is] in origin and essential character different from that over internal affairs.' ” Haaland v. Brackeen, 599 U. S. 255, 356 (2023) (Thomas, J., dissenting) (quoting United States v. Curtiss-Wright Export Corp., 299 U. S. 304, 319 (1936)). Although internal affairs are governed by the domestic law of one sovereign, external affairs implicate the relationship between sovereigns, which is subject to the law of nations. See Locke §§ 145–148, at 383–384; 1 Blackstone 264; 4 id., at 66–68 (1769); E. de Vattel, The Law of Nations 161–163, 281–289 (J. Chitty ed. 1852) (Vattel). External affairs, then, are not susceptible to being “directed by antecedent, standing, positive Laws” made by one nation. Locke § 147, at 384. When a person goes abroad, he must resort to the political branches (and ultimately the military)—rather than the judiciary—for protection, can…Read in context ›
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