The Treaty-making Power and the Legislative Authority of the States

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Genesee Press, 1909 - Počet stran: 10
 

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Strana 4 - The treaty power, as expressed in the Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments, and those arising from the nature of the government itself and of that of the States.
Strana 4 - It would not be contended that it extends so far as to authorize what the constitution forbids, or a change in the character of the government, or in that of one of the states, or a cession of any portion of the territory of the latter without its consent.
Strana 5 - Congress has under the Constitution the right to lay taxes and imposts, as well as to regulate foreign trade, but the President and Senate, if the " treatymaking power" be regarded as absolute, would be able to evade this limitation by adopting treaties which would compel Congress to destroy its whole tariff system. According to the Constitution, Congress has the right to determine questions of naturalization, of patents, and of copyright. Yet, according to the view here contested, the President...
Strana 5 - Yet, according to the view here contested, the President and Senate, by a treaty, could on these important questions utterly destroy the legislative capacity of the House of Representatives. The Constitution gives Congress the control of the Army. Participation in this control would be snatched from the House of Representatives by a treaty with a foreign power by which the United States would bind itself to keep in the field an army of a particular size.
Strana 5 - States, are the supreme law of the land. Such is the language of the Constitution, but it must be observed that the treaty no less than the statute law, must be made in conformity with the Constitution, and were a provision in either a treaty or a law found to contravene the principles of the Constitution, such provision must give way to the superior force of the Constitution, which is the organic law of the republic, binding alike on the government and the nation.
Strana 5 - That a treaty is no more the supreme law of the land than is an act of Congress is shown by the fact that an act of Congress vacates pro tanto a prior inconsistent treaty. Whenever, therefore, an act of Congress would be unconstitutional, as invading the reserved rights of the States, a treaty to the same effect would be unconstitutional.
Strana 4 - The Constitution of the United States confers absolutely on the Government of the United States the power of making war and of making treaties.
Strana 6 - No State shall make or enforce any law which shall abridge the privileges and immunities of the citizens of the United States; nor deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Strana 10 - Any such a misconception need not long exist, since the legitimate province of both is capable of being determined by a supreme judicial tribunal. The united sovereignty of the nation is not destroyed by the distribution of its powers. That sovereignty remains undiminished in spite of the delegation of certain powers to the Federal government and the reservation of certain powers to the States; and is capable of meeting all the complex demands of a new experience, either by a liberal interpretation...
Strana 4 - That the treaty power of the United States extends to all proper subjects of negotiation between our government and the governments of other nations, is clear.

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