“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.”
In a series of speeches during the Virginia Ratifying Convention, Patrick Henry warned against a combination of the treaty, the judicial power and – the supremacy clause – that it would lead to government violating individual liberty with impunity. Path to...
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...
With the impending revival of the nuclear agreement with Iran, I thought it might be useful to repost my (short!) article on nonbinding agreements, which among other things examines the constitutionality of the original 2015 deal. Core conclusion: if the agreement...
We’ve all heard the story about Thomas Jefferson going forward with the Louisiana Purchase even though he thought it was a violation of the Constitution. But there’s much more history to it, and that includes a proposed amendment, James Madison, Albert Gallatin,...
At Just Security, Daniel Rice (Institute for Constitutional Advocacy and Protection): Female Genital Mutilation and the Treaty Power: What Congress Can Do. From the introduction: Since 1996, the act of female genital mutilation (FGM) has been a federal...