...territorial jurisdiction of the United States'; and secondly, that 'an act of Congress ought never be construed to violate the law of nations if any other possible construction remains', a quotation going back to Chief Justice Marshall,24 and that customary international law includes limitations...

...affirmative legislation by the Congress of the United States." 22 USC §2573 [22 USCS § 2573]. 722] construed to violate the law of nations, if any other possible construction remains. . . ." In McCulloch v Sociedad Nacional de Marineros de Honduras, 372 US 10, 20-21, 9 L Ed i5'2d 547,...

...a good deal whether policies are cast in the 28 Marshall indeed affirmed the broader principle that "an act of congress ought never to be construed to...nations if any other possible construction remains," and the obligation to adhere to treaties is one of the fundamental principles of the law of nations. See...

...the Sherman Act. However, Justice Scalia referred to a second canon that "acts of Congress should not be construed to violate the law of nations if any other possible construction remains."42 Justice Scalia quoted Judge Hand in Alcoa that the Sherman Act should not be read "without...

...applicability of the nonintercourse act to the narrowest possible limits. "An act of Congress," he said, "ought never to be construed to violate the law of...warranted by the law of nations as understood in this country."73 He then stepped gingerly around the expatriation controversy. Marshall personally believed...

...so as to avoid any violation, 'ligition, In pip licular, since the time of creation of this country, an act of Congress ought never to be construed to...remains, and, consequently can never be construed to delate neutral rights, or to affect neutral commerce, further than is warranted by the law of nations...

...nations"738. It was against that backdrop that the Court declared, in the Charming Betsy case that "an act of congress ought never to be construed to...law of nations if any other possible construction remains"739. Unlike modern United States judges, who lack "the diplomatic expertise of early Justices...

...law of nations if any other possihle constroction remains, and, consequeatly can never he constrned to violate neutral rights, or to affect neutral commerce, further than is warraated hy the law of nations as onderstoud in this couatry. Murray v- Schooner Charming Betsy, 6...

...language be 80 explicit as 10 make the contradiction inevitable. (11) The Constitution ought never be construed to violate the law of nations, if any other possible construction exists; (12) All reasonable doubts musi be decided in favor of liberty; (13) The instrument must be...

...which involved the rights of neutral shipping, Chief Justice Marshall staked out the position that an act of Congress ought never to be construed to...law of nations if any other possible construction remains.19 There seems to be an even broader point here. What goes for a federal statute must, under...