The 1787 Project

The Time the Missouri AG Was Arrested for Poaching


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The case of Missouri v. Holland (1920) takes up the question of Congress' authority to pass legislation to implement international treaties. The Constitution creates a national legislature with limited and enumerated powers, but the Constitution does not specifically put limits on the treaty-making power. Can Congress pass domestic legislation to implement a treaty if it would not otherwise have that constitutional authority? According to the Supreme Court, yes - but Justice Thomas' concurring opinion in the recent case of Bond v. United States (2014) suggests that the issue is not quite settled.
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The 1787 ProjectBy Justin Dyer