Legislative Powers - Treaty Power Flashcards
What was the primary issue in Missouri v. Holland?
US entered treaty to protect birds from extinction; Missouri brought case to prevent game warden from enforcing—allegedly violated federalism
What was the holding in Missouri v. Holland?
The Treaty power does not come from the Constitution, but comes from being a sovereign nation. Therefore, treaties do not have to be consistent with the Constitution
What was the primary issue in Reid v. Covert?
A woman was tried in a military tribunal without a jury (6th Amendment right violation) - This rule arose under a treaty.
What was the holding in Reid v. Covert?
It was unconstitutional for a woman to be tried in a military tribunal without a jury
What was the rule of law that came from Missouri v. Holland?
A treaty which infringes the rights reserved to the states under the Tenth Amendment may nevertheless be considered valid if it is made under the authority of the United States and is thus the supreme law of the land.
What was the rule of law that came from Reid v. Covert?
Treaties and executive agreements must comply with the provisions of the Constitution.
