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Full-Text Articles in Law
The Law Of Nations And The Offenses Clause Of The Constitution: A Defense Of Federalism, Michael T. Morley
The Law Of Nations And The Offenses Clause Of The Constitution: A Defense Of Federalism, Michael T. Morley
Scholarly Publications
No abstract provided.
Treaties And The Eleventh Amendment, Carlos Manuel Vázquez
Treaties And The Eleventh Amendment, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
The Supreme Court's recent invigoration of federalism doctrine has revived a question that had long lain dormant in constitutional law: whether and to what extent federalism limits apply to exercises of the Treaty Power. In the days before the famous switch in time that saved nine, the Court in Missouri v. Holland upheld a statute passed by Congress to implement a treaty even though it assumed that the statute would exceed Congress's legislative power under Article I in the absence of the treaty. The significance of this holding abated considerably when the Court embraced a broader interpretation of the Commerce …