Cisco Systems, Inc. v. Doe · ¶91

Ample historical evidence corroborates Sosa’s account of the ATS. The First Congress passed the ATS after the Continental Congress (operating under the Articles of Confederation) “was hamstrung by its inability to ‘cause infractions of treaties, or of the law of nations to be punished.’” Id., at 716 (quoting J. Madison, Journal of the Constitutional Convention 60 (E. Scott ed. 1893)). For example, on at least two occasions prior to the Constitution’s ratification, foreign diplomats were assaulted on American soil. 542 U. S., at 716–717. The Continental Congress called on States to pass legislation authorizing their courts to hear cases involving violations of international law, but just one answered the call. Id., at 716. Understandably offended, at least one foreign ambassador lodged a protest that was discussed during the Constitutional Convention. Id., at 717. As Sosa explained,…

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