The Divergence of Modern Jurisprudence from the Original Intent for Federalist and Tenth Amendment Limitations on the Treaty Power

Authors

Steven T. Voigt, Private Practice

Abstract

[Excerpt] “That the federal treaty-making authority is constrained by the other parts of the Constitution does not sound like the stuff of law journals. It seems like common sense. After all, we would not expect someone to argue that the ability to “regulate Commerce” entitles Congress to disregard the Third Amendment and quarter soldiers in our houses. We would not expect to see an argument that the power to “establish Post Offices” enables Congress to disregard the freedom of the press in the First Amendment. So, why is the Tenth Amendment so fully disregarded with respect to treaties?”

Repository Citation

Steven T. Voigt, The Divergence of Modern Jurisprudence from the Original Intent for Federalist and Tenth Amendment Limitations on the Treaty Power, 12 U.N.H. L. REV. 85 (2014), available at http://scholars.unh.edu/unh_lr/vol12/iss1/6