The Treaty Problem: Understanding the Framers' Approach to International Legal Commitments

• Published in: The Yale law journal Vol. 128; no. 3; pp. 843 - 870
• Main Authors: FORD, JADE, SIMMONS, MARY ELLA
• Format: Journal Article
• Language: English
• Published: New Haven The Yale Law Journal Company, Inc 01.01.2019; Yale University, School of Law; Yale Law Journal Company, Inc
• Subjects: CHEMICAL WARFARE; Chemical weapons; COMMENT; Constitutional history; Constitutional interpretation; CONSTITUTIONAL LAW; Economic aspects; Federal-state controversies; Founding; History; Influence; International cooperation; INTERNATIONAL LAW; International relations-US; Laws, regulations and rules; Methods; Neutrality; Political aspects; Power; Precedents (Law); STATES RIGHTS; Subject matter jurisdiction; Treaties; TREATY MAKING POWER; United States history, 1789-1817 (Early republic); Violations; War; UNITED STATES; United States > US
• ISSN: 0044-0094; 1939-8611

In 2014, when the Supreme Court decided 'Bond v. United States', it confronted an issue of structural federalism that had long vexed advocates of big and small government alike. The issue stemmed from the tension between the broad, exclusive power the Constitution grants to the federal government to conclude international treaties and the limitations that the Constitution places on Congress's domestic authority vis-a-vis the states. When these powers and limitations conflict, which should win out? How expansive should the federal government's treaty power be? For both champions and critics of international law, the Court's response in Bond left much to be desired.