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02/02/2013

Further Discussion of Congress' Power to Enforce Treaties
Michael Ramsey

The discussion of Bond v. United States and Congress' power to implement treaties continued this week at Volokh Conspiracy with these entries:

Rick Pildes: Does Congress Have the Power to Enforce Treaties, Part IV

Ilya Somin: The Constitution and the Enforcement of Peace Treaties

Eugene Kontorovich: Peace Treaties and the War Power

Nick Rosenkranz:  Missouri v. Holland: The Intellectual History that Preceded the Holding

Nick Rosenkranz: There Is No Basis in Constitutional Text for the Claim that a Treaty Can Increase the Legislative Powers of Congress

Nick Rosenkranz: Missouri v. Holland vs. Reid v. Covert (note: anyone who thinks Congress obviously has power to enforce treaties beyond its enumerated powers needs to have an answer to this one).

Further note:  Josh Blackman had these thoughts on the Missouri v. Holland/Reid v. Covert puzzle a while back.