Hopefully, I will be able to leave the treaty power issue alone for a while after this post, but let me finish elaborating my views in the context of also responding to the series of posts from Nick and others since my last posting. 1. My principal argument has been directed against the specific limit on the […]
Author Archive | Prof. Rick Pildes (NYU), guest-blogging
Does Congress Have the Power to Enforce Treaties: Part IV
Apologies for the delay, the flu bug set me back enough to cancel class and to be unable to re-engage this important dialogue sooner. I hope a couple more posts will be enough to leave this discussion in the hands of readers for their own judgment. To re-state my understanding of the Constitution’s design: […]
Does Congress Have the Power to Enforce Treaties: Part III
Recent posts (and comments) help clarify what is at stake in the debate about the treaty power and the Bond case. American constitutional doctrine since WW II, at least, is clear that a treaty cannot give Congress the power to violate the individual rights provisions of the Bill of Rights. That’s the principle of Reid […]
The Supreme Court Cert. Grant in Bond
To the surprise of many Supreme Court observers, the Court today granted cert. in the Bond case, which Nick and I have been debating on this blog. The grant was a surprise because the Court had re-listed Bond for discussion at conference seven or eight times; after that many re-listings, the most typical outcome is […]
Does Congress Have the Power to Enforce Treaties? Part II
As we move into the areas where Nick and I disagree about the treaty power, I want to avoid getting mired in the smaller constitutional issues we could debate and instead focus on four of the deepest and most general problems I see in Nick’s approach. This post will address the first two. Nick’s argument, […]
Does Congress have the Power to Enforce Treaties? Part I
By Prof. Rick Pildes (NYU), guest-blogging on January 14, 2013 6:58 am in Constitutional History, Constitutional Law, Constitutional Theory, International Law, Treaties
I want to thank Eugene and Nick for graciously inviting me to guest blog here. One of the longstanding conundrums in American constitutional history, theory, and doctrine is how the treaty power relates to Congress’ Art. I enumerated powers. This question is also pending before the Supreme Court in Bond v. United States, in which […]