Treaty Powers

Question 1

Treaty Power

Answer 1

Art. II, § 2 of the constitution grants the President the power to make treaties so long as they are ratified by two-thirds of the senate. Under the Supremacy Clause (Art. VI, §6), all treaties made under the authority of the United States are the supreme law of the land. Further, Congress is permitted, under the necessary and proper clause (Art. 1, §8), to enact statutes that are necessary and proper to execute Congress’ constitutional duties. Therefore, because Congress has the duty of ratifying treaties, all statutes passed by Congress to implement a valid treaty are constitutional.
Under Article II, §2, the President has the power to make/negotiate treaties but they must be ratified by 2/3 of the Senate to take effect. Treaties must not violate the Constitution. Moreover, state laws that conflict with treaties are invalid. However, if there is a conflict between a treaty and a federal statute, the one adopted last in time controls.

Question 2

Treaty Power (short rules)

Answer 2

The 10th Amendment does not give States the right to override a treaty. Missouri v. Holland. Additionally, a non-self-executing treaty is not the supreme law of the land and only becomes binding on the States after it is implemented by legislation. Medellin.

Question 3

Missouri v. Holland (Migratory Bird Treaty Act)(Non-self-executing)

Answer 3

F: Congress passed an act enforcing a treaty
between the US and
Great Britain (on behalf of Canada) regulating the hunting of migratory birds. Missiouri argued that the act was
unconstitutional
because it interfered
with states 10th
amendment rights to have absolute control over the birds that were within their borders.

R: The 10th Amendment does not give States the right to override a
treaty.
Additionally, Congress can only enact treaties that are constitutional.

Question 4

Medellin v. Texas (Internation Court of Justice)(Non-self-executing)

Answer 4

F:
Medellin, a Mexican
citizen, was convicted of murder in Texas but
wasn’t informed of his consular rights which was a violation of the
Vienna Convention (an international treaty). The International Court of Justice held that TX had to grant habeas
corpus to Medellin
because he wasn’t
informed of his rights and the President issued a memo to uphold the ICJ’s decision.
H:
Outcome: Reversing the conviction under the ICJ decision was
unconstitutional.
Without Congressional authority, the President lacked the power to
enforce the
non-self-executing
treaty. The court found although a treaty may constitute an
international
commitment, it was not binding on domestic law because (a) Congress hadn’t enacted a statute implementing it and (b) it is self-executing.

R:
A non-self-executing treaty is not the supreme law of the land and only becomes binding on the States after it is
implemented by
legislation