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Today in History: Jay Treaty Signed Sparking Intense Partisan Debate

Today in History: Jay Treaty Signed Sparking Intense Partisan Debate

by Mike Maharrey | Nov 19, 2022 | History, John Jay, Treaty Power

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...
The President’s Power to Terminate Treaties

The President’s Power to Terminate Treaties

by Michael D. Ramsey | May 18, 2022 | Executive, Treaty Power

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...
Insupportable Burdens: Antifederalist Cato No. 6

Insupportable Burdens: Antifederalist Cato No. 6

by Michael Boldin | Mar 28, 2022 | Audio/Video, Path to Liberty, Senate, Three-Fifths Clause, Treaty Power

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...
What did the US Supreme Court actually say in its Majority Opinion in McGirt v. Oklahoma?

What did the US Supreme Court actually say in its Majority Opinion in McGirt v. Oklahoma?

by Publius Huldah | Jul 22, 2020 | Court Cases

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...
What Does It Mean for the Senate to Give Its “Advice and Consent?”

What Does It Mean for the Senate to Give Its “Advice and Consent?”

by Rob Natelson | Jul 27, 2018 | Treaty Power

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...
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