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.
The post Treaties, Trials and Supremacy: Patrick Henry’s Anti-Federalist Speeches 8-10 first appeared on Tenth Amendment Center.
Alexander Hamilton developed the terms of the treaty, and George Washington appointed John Jay as a special envoy to negotiate with the British using instructions penned by Hamilton. At the time, Jay was serving as the chief justice of the Supreme Court.
The post Today in History: Jay Treaty Signed Sparking Intense Partisan Debate first appeared on Tenth Amendment Center.Does a treaty or international tribunal trump the Constitution? Short answer: No! As constitutional scholar Rob Natelson explained, “The treaty has the force only of a statute, not of a super-constitution.” In an exchange on social media, TAC member John Crigger did a good job of making this case as well. The debate centered on whether…
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 make recommendations before submitting his proposals. Others believe the Senate may create guidelines…
Pres. Donald Trump and North Korean leader Kim Jong Un reached a preliminary agreement to “denuclearize the Korean peninsula” during a historic summit in Singapore. But pundits and talking heads have missed a crucial fact in the midst of all the analysis. The president cannot constitutionally make any kind of legally-binding agreement without the advice…
A presidential policy (which is what the deal is) is just a policy. It isn't, and constitutionally cannot be, a law.
Because it seems more important now, here is a recap of my assessment of the President’s ability to withdraw from some controversial international agreements (see previous post here). (1) The Iran nuclear deal (the “Joint Comprehensive Plan of Action” or JCPOA). This agreement is nonbinding. The Obama administration has specifically described it in that way,…
Professor Ku concludes that a President Trump could for the most part constitutionally withdraw the U.S. from international agreements by giving the notice required. I mostly agree with his assessment as a matter of the Constitution's original meaning, but with a few qualifications.
The U.S. Constitution states that the President can make treaties with the advice and consent of the Senate, provided two thirds of Senators present concur.
At Opinio Juris, Julian Ku defends the constitutionality of the Iran deal (expanding on his discussion in this podcast from the National Constitution Center [also featuring David Rivkin]). He makes two arguments: First, the terms of the agreement, which describe its obligations as “voluntary”, indicate that it is a nonbinding “political commitment”. Even the UN Security…