Bond v. United States and the Commerce Clause
Monday’s unanimous (on the result) Supreme Court decision in Bond v. United States uses federalism principles to rule against the federal prosecution of Carol Ann Bond, who attempted to injure a...
View ArticleA Partial Defense of the Majority Opinion in Bond v. United States
Chief Justice Roberts’ majority opinion in Bond v. United States has been sharply criticized (see here and here), so I’ll say few words partially in its favor. The case has seemed odd from the...
View ArticleA Response on the Scope of the Treatymaking Power
Co-blogger Mike Rappaport, following Justice Thomas’ concurrence in Bond v. United States, argues that as a matter of original meaning the U.S. government’s treatymaking power is limited to...
View ArticleJames Madison on the Treaty Power
In Congress, March 10, 1796 The Constitution of the United States is a Constitution of limitations and checks. The powers given up by the people for the purposes of Government, had been divided into...
View ArticleExecutive Agreements and Treatymaking Power under the Constitution
A number of posts have noted this report in the New York Times: Obama Pursuing Climate Accord in Lieu of Treaty. Josh Blackman: President Bypassing Treaty Clause For Climate Change Accord? Jack...
View ArticleTwo Reasons the Iran Deal Is Unconstitutional
In the Wall Street Journal, David Rivkin and Lee Casey argue that “The Iranian nuclear agreement announced on July 14 is unconstitutional, violates international law and features commitments that...
View ArticleJulian Ku on the Constitution and the Iran Deal
At Opinio Juris, Julian Ku defends the constitutionality of the Iran deal (expanding on his discussion in this podcast from the National Constitution Center [also featuring David Rivkin]). He makes two...
View ArticleEvading the Treaty Power?
I have posted my essay Evading the Treaty Power?: The Constitutionality of Nonbinding Agreements (11 Florida Int’l U. L. Rev. 371 (2016)) on SSRN. Here is the abstract: The U.S. Constitution...
View ArticleCould President Trump Unilaterally Withdraw the U.S. from its International...
At Opinio Juris, Julian Ku: Preparing for Trumpxit: Could a President Trump Withdraw the U.S. from International Treaties and Agreements? Professor Ku concludes that a President Trump could for the...
View ArticlePresident Trump and International Agreements: A Recap
Because it seems more important now, here is a recap of my assessment of the President’s ability to withdraw from some controversial international agreements (see previous post here). (1) The Iran...
View ArticleQuestioning Congress’s legislative authority to implement treaties
by Amanda Frost, SCOTUSblog Bond v. United States is back before the U.S. Supreme Court, and this time it raises a question that has long interested academics: What are the limits on Congress’s power...
View ArticleAnother Notable Amicus Brief in Bond v. United States
In noting the principal amicus briefs in Bond v. United States, I overlooked this one on behalf of Chemical Weapons Convention Negotiators and Experts. As described in this news release from Indiana...
View ArticleClik here to view.
My “Amicus Brief” in Bond v. United States
I have this post at Constitution Daily: Seeking a Middle Ground in Bond v. United States. Family and professional commitments prevented me from writing an amicus brief on this case, which concerns the...
View ArticleChief Justice Roberts Again Rewrites Law, Avoids Duty to Hold Government’s...
by Ilya Shapiro, CATO Institute In today’s ruling in Bond v. United States, the Supreme Court was obviously right to reverse as federal overreaching the conviction of a woman who used certain chemicals...
View ArticleClik here to view.
Constitutionally the President Can’t Make “Executive Agreements” with Other...
Pres. Donald Trump and North Korean leader Kim Jong Un reached a preliminary agreement to “denuclearize the Korean peninsula” during a historic summit in Singapore. But pundits and talking heads have...
View ArticleClik here to view.
What Does It Mean for the Senate to Give Its “Advice and Consent?”
The Constitution provides that presidents nominate officers and make treaties. But nominations and treaties become effective only “by and with the Advice and Consent of the Senate.” Many have argued...
View ArticleClik here to view.
Treaties Do Not Trump the Constitution
Does a treaty or international tribunal trump the Constitution? Short answer: No! As constitutional scholar Rob Natelson explained, “The treaty has the force only of a statute, not of a...
View ArticleClik here to view.
Treaties Don’t Trump the Constitution, Cannabis Edition: Good Morning Liberty...
Here’s something that should be obvious – the federal government isn’t authorized to implement treaties that override the limitations on their power under the constitution. PODCAST VERSION Subscribe:...
View ArticleClik here to view.
Federalism and the Treaty Power
At Just Security, Daniel Rice (Institute for Constitutional Advocacy and Protection): Female Genital Mutilation and the Treaty Power: What Congress Can Do. From the introduction: Since 1996, the act...
View ArticleClik here to view.
Today in History: Ratification of the Rush-Bagot Treaty
Today in history, on April 16, 1818, the United States Senate ratified the Rush-Bagot Treaty, establishing and demilitarizing the northern border with British Canada. Named after United States...
View ArticleThomas Jefferson and the Louisiana Purchase
We’ve all heard the story about Thomas Jefferson going forward with the Louisiana Purchase even though he thought it was a violation of the Constitution. But there’s much more history to it, and that...
View ArticleThe Constitutionality of the Iran Nuclear Deal (Again)
With the impending revival of the nuclear agreement with Iran, I thought it might be useful to repost my (short!) article on nonbinding agreements, which among other things examines the...
View ArticleInsupportable Burdens: Antifederalist Cato No. 6
In his 6th paper, Cato predicted direct taxation on individuals in spite of Federalist assurances the government would be able to survive on trade and import duties. He also described the Senate as an...
View ArticleThe President’s Power to Terminate Treaties
At The American Conservative, Senator Rand Paul: The President Can Terminate Treaties Alone. From the introduction: When faced with questions relating to America’s role in the world, we would be wise...
View ArticleToday in History: Jay Treaty Signed Sparking Intense Partisan Debate
Today in history, on Nov. 19, 1794, the Jay Treaty was signed, sparking a fierce debate that further entrenched partisan politics into the American system. Formally titled, the Treaty of Amity,...
View Article
