CLE - 2026 Enlund Scholar-in-Residence Lecture: Glossing the Foreign Affairs Constitution, Professor Curtis A. Bradley

About

2026 Enlund Lecture

Glossing the Foreign Affairs Constitution

Curtis Bradley

Allen M. Singer Distinguished Service Professor

University of Chicago Law School

Tuesday, November 10, 2026

12–1 p.m.

In Person and Online

DePaul Center 8005

1 East Jackson Boulevard

Chicago, Illinois

Glossing the Foreign Affairs Constitution

In the more than 230 years since the Constitution took effect, the constitutional law governing the conduct of foreign affairs has evolved significantly. But that evolution did not come through formal amendments or Supreme Court rulings. Rather, as Professor Bradley documents in his book, “Historical Gloss and Foreign Affairs: Constitutional Authority in Practice,” the law in this area has been defined by the practices of Congress and the executive branch, also known as “historical gloss.”

The role of historical gloss in our constitutional law is not well captured by existing constitutional theories. Originalist theories often ignore influential post-Founding developments, while nonoriginalist theories often focus on judicial decisions rather than the actions and reasoning of Congress and the executive branch. This account is relevant to a wide range of contemporary controversies, including efforts to acquire Greenland, the imposition of tariffs and the conflict with Iran.

2026 Enlund Scholar-in-Residence

Curtis Bradley is the Allen M. Singer Distinguished Service Professor at the University of Chicago Law School and the author of numerous articles and several books. His books include “Historical Gloss and Foreign Affairs: Constitutional Authority in Practice” (2024) and “International Law in the U.S. Legal System” (4th ed., 2026). He is currently working on a new book titled “Sovereignty’s Constitution: How Nationhood Defines U.S. Federal Power.”