Treaties

Question 1

Source of Authority for Treaties

Answer 1

1) Article 2, Sec 2 - power to make treaties
2) Supremacy Clause
3) Necessary and Proper Clause (still need authority to carry out the treaty)
4) National interest - powers by virtue of being the executive recognized internationally

Question 2

Limitations on Treaty Power

Answer 2

1) Still limitations on authority of power within constitution
2) Can’t treaty away someone’s constitutional rights
3) Can’t contravene prohibitory words found in constitution

Question 3

Missouri v. Holland

Answer 3

Migratory birds; treaty between US & GB (on behalf of Canada)

Supremacy - state laws conflicting with treaties are invalid

Federal law & treaty conflict = last in time

Question 4

Woods v. Cloyd W. Miller Co.

Answer 4

rent controlled housing in response to returning troops

1) Congress has ability to support armies
2) Necessary and proper clause means doing what is necessary to bring about support for armies
3) Direct and immediate cause (some type of cause but not necessarily the only cause)
4) Relatively deferential to Congress