DePaul University College of Law is an accredited Illinois MCLE provider.
This program has been approved for 1 hour of CLE credit.
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.”
Professor Bradley graduated from Harvard Law School and clerked for U.S. Supreme Court Justice Byron White. He also served as a counselor on international law in the Legal Adviser’s Office of the U.S. State Department, as a reporter for the American Law Institute’s Restatement (Fourth) of U.S. Foreign Relations Law and as a co-editor-in-chief of the American Journal of International Law.
The Enlund Scholar-in-Residence Program
Established in 1988 through a gift from the late E. Stanley Enlund (JD ’42), the Enlund Scholar-in-Residence Program attracts the nation’s foremost legal minds. Enlund scholars provide the College of Law community of students, faculty, alumni and friends with differing perspectives on law, lawyers and social justice.
Register for this free CLE event by November 9, 2026. In-person attendance is limited to 100 guests, and online participants will receive a link to view the presentation shortly before the event.
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