What Would the Founders Think of the War in Iran?

In this Federalist Society America 250 series, experts analyze modern legal and policy debates through the lens of the Founding generation. The Founders gave us the tools to answer many contemporary questions; join us as we explore those answers.

The Founders drew their understanding of international law — known at the time as the law of nations — from 18th Century classical texts. Hamilton, Madison, Jay, Jefferson, and others all studied the edition of Emmerich de Vattel’s Law of Nations, released on the eve of the American Revolution. Its precepts were analyzed in The Federalist Papers, debated in the Constitutional Convention, and resulted in a few basic principles. First, along with the Constitution and the laws of the United States made in pursuance thereof, all Treaties made under the authority of the United States "shall be the supreme Law of the Land." Second, the Define and Punish Clause gives Congress the power to define and punish . . . Offenses against the Law of Nations.” The Founders viewed the right of self-defense as a fundamental, inherent natural right of nations. They recognized the right of preemptive use of force in anticipatory self defense. This right had an expansive interpretation, allowing actions against credible threats without awaiting an actual first strike. There was room for argument on how “imminent” the threat must be. Current international law on this issue consists of the UN Charter and contemporary understandings and interpretations of customary international law.

This Forum will bring together two foremost scholars, each expert in both the Founders’ understanding and the current understanding of international law, for a conversation about the historic and contemporary interpretations of the propriety of our current war against Iran and related matters.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.