Policy And Opinion

Running head: JUDICIAL FOREIGN POLICY 1

Judicial Foreign Policy

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JUDICIAL FOREIGN POLICY 2

The Implementation of U.S. Neutrality Policy

The neutrality policy of the United States was implemented by the country’s federal

courts with the aim of resolving the nation's foreign affairs challenges. In this era, the judicial

system played a significant role in enforcing this policy. The enactment of this policy was mainly

aimed at addressing the caseload in the Supreme Court, most especially those cases arising from

French privateering activities, with the inclusion of fourteen published decisions, and ten

unpublished decisions. It should be noted that at this period, the foreign affairs ties between the

country and its members were in jeopardy. The French side held that the cases in the court

regarding independence or sovereignty concerns and the conduct of naval warfare would be

suitably be resolved by tactful and diplomatic conciliation between the United States and the

country itself.

First and foremost the implementation of this policy was of great significance to the U.S

society at large. As noted in the 1970s, the French employed privateering as the means of

engaging in his welfares. With privateering, the governments required both privately owned ship

members to fight in the honor and on behalf of their governments (Sloss, 2008). However, with

policies regarding neutrality policies, the government was able to limit cases of illegal gaining of

recognition associated with the capturing vessels for a prize court. Additionally, the

implementation of the neutrality policy aided France itself from being destroyed by its enemies

at the time; England, Netherlands, Spain, Austria, and Prussia who had more naval power

compared to its arsenal. So the use of privateers by France was appropriate as it was a means to

merge and supplement the country lethal forces. Thus, the implementation of the neutrality

policy was deemed appropriate considering the French had gone to the extent of seizing of a U.S

vessel a circumstance which was termed as a show hostility on the region controlled and

JUDICIAL FOREIGN POLICY 3

influenced by the American government, thereby solving the matter by judicial means, hence the

implementation of neutrality policy.

Secondly, the Executive Branch sought it appropriate for the courts to resolve the 14

unsolved cases since they considered that the cases relating to the French and its adversaries to

be a complicated matter that required the implementation of regulations to the detail. Thus, the

judiciary system had an obligation to decide whether the strength of the cases had what it takes

to be judged by the Court of the Appeal (Sloss, 2008). The policy of neutrality to a large extent

can be to be developed based on the treaties that binds the French and Americans; thus, affecting

the implementations of the policy. In contempt of the law of nations; civil and judiciary officers

of the United States permitted themselves to seize prizes captured by French privateers, all with

the aim of ensuring their territories are secure and that people are not manipulated by the French

Armies anymore. Also, the implementation of the neutrality policy, show the U.S, being able to

shield its citizens from being causalities of war, in case they were enticed to be privateers for

France. Regarding this, France’s perspective, tend to permit Americans to accept commissions

emanating from France to enable them to serve as privateers against France's adversaries.

Consequently, it can be noted that the implementation of the foreign neutrality policy,

was significant in the 1970s because it also led to its adoption by the French administrators. For

instance, France realized that the identification of the privateers located in the entire the Western

region was big tactical challenge. For instance, it was inappropriate for privateers functioning

outside their countries to carry their prizes back to France to be rewarded by prize courts in

France (Sloss, 2008). This is because; the journey back home was long, tiring and hazardous:

thus prompting that too many cases would be damaged in the way. Secondly, it was evident that

too many prizes would probably be lost while in transit. The specific illustration of how these

JUDICIAL FOREIGN POLICY 4

tragedies befall privateers holds to when British blockaded the key French colonies in the

Caribbean, making it hard for privateers to take back their s to France for reward.

Finally, it was essential for the U.S Supreme court to implement neutrality policy in order

to furnish no stipulations facilitated by any treaty, to one party, in this case, France and its war

enemies (England, Prussia, Spain among others). Thus, to implement its neutrality policy, the

U.S government had to evaluate all its treaty obligations with both France and its enemies like

Great Britain, for it to ensure it does not start or escalate the already enmity between the

countries. For some extent, implementation of neutrality policy was potentially risky, as one’s

obligations or a slight mistake could have led to start of a war between the United States, and the

misrepresented party. Based on this the Executive and other arms of the government left it out

for the judicially to make some the crucial policy that served to see America taking a middle

ground in the conflicting countries.

JUDICIAL FOREIGN POLICY 5

References

Sloss, D. (2008). Judicial Foreign Policy: Lessons from the 1790s. Louis ULJ, 53, 145.

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