“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
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, Commerce, and Navigation, Between His Britannic Majesty and the United...
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 to heed the advice of the Founders. George Washington urged...
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 aristocracy, and warned that the treaty power would result in...
Here is the majority opinion in McGirt v. Oklahoma [link]. The issue on appeal was whether the State of Oklahoma has criminal jurisdiction over the Creek Indians for crimes committed by them on Creek land. The Supreme Court said, “NO!” The majority opinion lays out a...
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 that the word “Advice” means the president must ask the Senate to...