Podcast: Prof Curt Bradley on “Glossing the Foreign Affairs Constitution”
Today’s podcast from the 30th National Security Law Conference sponsored by the Center on Law, Ethics and National Security (LENS) is a special one because it represents something of a temporary homecoming for former Duke Law professor Curt Bradley. Curt now teaches at the University of Chicago Law School and has written a new book, Historical Gloss and Foreign Affairs: Constitutional Authority in Practice (2024).
Curt’s presentation, entitled simply “Glossing the Foreign Affairs Constitution,” is a tour de force, and covers the essentials of his book. Here’s the way he describes it elsewhere:
In my new book, Historical Gloss and Foreign Affairs: Constitutional Authority in Practice, I document how the U.S. constitutional law of foreign affairs has been shaped over time by the practices and interactions of Congress and the executive branch. These practices, the book explains, have “glossed” the meaning of the Constitution’s text and structure—and this has been true since the very beginning of the country.
As the book documents, the political branches have filled in and clarified constitutional meaning, on issues ranging from the recognition of foreign governments, to the conclusion of executive agreements, to the use of military force. In addition to providing examples of foreign affairs authority that have been glossed through practice, the book situates the historical gloss approach to constitutional interpretation within broader debates about constitutional theory.
Special for the LENS Conference
Special for the LENS Conference Curt focused on the national security aspect of his book. As he put it:
“[Since this is a] National Security Conference– I wanted to talk about war. By the way, this is the most controversial chapter, by far, in the book. Every other place I’ve given this talk, I have purposely not talked about this chapter, OK. Just because you can only do so much in 30 minutes or something. And believe me, people get very unhappy about the war powers issues. They don’t like how things have gone. They get worried about it. So I have much milder examples in the book, where almost nobody argues with me. That’s a more pleasant experience for me. But I’m going to be brave and talk about the hardest topic in the book, which is war.”
So what did he say? Listen here and find out!
The views expressed by guest speakers do not necessarily reflect my views or those of the Center on Law, Ethics and National Security, or Duke University. (See also here).
Remember what we like to say on Lawfire®: gather the facts, examine the law, evaluate the arguments – and then decide for yourself!
Watch this space for additional podcasts from the conference. Some presentations, however, were for attendees only, so save the date to attend LENS 31 set for 27-28 Feb 2026
