The proposition that treaties can increase the power of Congress is inconsistent with the text of the Treaty Clause, the Necessary and Proper Clause, and the Tenth Amendment. It is inconsistent with the fundamental structural principle that [t]he powers of the legislature are defined, and limited. S It implies, insidiously, that that the President and the Senate can increase their own power by treaty. And it implies, bizarrely, that the President alone--or a foreign government alone--can decrease Congress\u27s power and render federal statutes unconstitutional. Finally, it creates a doubly perverse incentive: an incentive to enter into foreign entanglements simply to increase domestic legislative power
Historical practice strongly influences constitutional interpretation in foreign relations law, incl...
This Article explores whether the Constitution limits the making and implementation of U.S. treaties...
This Article explores whether the Constitution limits the making and implementation of U.S. treaties...
The proposition that treaties can increase the power of Congress is inconsistent with the text of th...
The proposition that treaties can increase the power of Congress is inconsistent with the text of th...
This article seeks to resolve the debate over the use of a statutory method for approving internatio...
The Supreme Court in Missouri v. Holland famously held that Congress has the power to pass a law to ...
Only twice in the last century, in 1919 with the Treaty of Versailles, and two years ago with the co...
The Supreme Court\u27s recent invigoration of federalism doctrine has revived a question that had lo...
The Supreme Court\u27s recent invigoration of federalism doctrine has revived a question that had lo...
The Treaty Clause of the federal Constitution declares that the President shall have Power, by and ...
When a statute and treaty conflict, courts resolve the conflict in favor of the one most recently im...
For much of this century, American foreign affairs law has assumed that there is a sharp distinction...
I count myself among those who suppose that the Constitution contains no subject matter limits on th...
I count myself among those who suppose that the Constitution contains no subject matter limits on th...
Historical practice strongly influences constitutional interpretation in foreign relations law, incl...
This Article explores whether the Constitution limits the making and implementation of U.S. treaties...
This Article explores whether the Constitution limits the making and implementation of U.S. treaties...
The proposition that treaties can increase the power of Congress is inconsistent with the text of th...
The proposition that treaties can increase the power of Congress is inconsistent with the text of th...
This article seeks to resolve the debate over the use of a statutory method for approving internatio...
The Supreme Court in Missouri v. Holland famously held that Congress has the power to pass a law to ...
Only twice in the last century, in 1919 with the Treaty of Versailles, and two years ago with the co...
The Supreme Court\u27s recent invigoration of federalism doctrine has revived a question that had lo...
The Supreme Court\u27s recent invigoration of federalism doctrine has revived a question that had lo...
The Treaty Clause of the federal Constitution declares that the President shall have Power, by and ...
When a statute and treaty conflict, courts resolve the conflict in favor of the one most recently im...
For much of this century, American foreign affairs law has assumed that there is a sharp distinction...
I count myself among those who suppose that the Constitution contains no subject matter limits on th...
I count myself among those who suppose that the Constitution contains no subject matter limits on th...
Historical practice strongly influences constitutional interpretation in foreign relations law, incl...
This Article explores whether the Constitution limits the making and implementation of U.S. treaties...
This Article explores whether the Constitution limits the making and implementation of U.S. treaties...