the federal judiciary has the authority to make laws for the united states through treaties.
the federal judiciary has the authority to make laws for the united states through treaties.
who has the authority to make laws for the united states through treaties?
the federal judiciary
the constitution grants to the president the treaty clause power "by and with the advice and consent of the senate, to make treaties, provided two thirds of the senators present concur." the constitution also grants to the congress the power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this constitution in the government of the united states, or in any department or officer thereof." based on that clause, the supreme court held in "missouri v. holland" that congress can make laws implementing a treaty even if such laws would otherwise be outside of congress' power to enact. many thought the decision to be unwise and feared that the federal government could essentially bypass any constitutional limits by simply enacting treaties granting itself any powers that itit saw fit. such concerns led to the bricker amendment of the 1950s, designed to restrict the treaty power. the bricker amendment came up a single vote short of the two thirds majority it needed.
randy barnett
the legislative transfer the power of making laws to any other hands. for it being but a delegated power from the people, they, who have it, cannot pass it over to others. ... and when the people have said, we will submit to rules, and be govern'd by laws made by such men, and in such forms, no body else can say other men shall make laws for them; nor can the people be bound by any laws but such as are enacted by those, whom they have chosen, and authorised to make laws for them. the power of the legislative being derived from the people by a positive voluntary grant and institution, can be no other, than what the positive grant conveyed, which being only to make laws, and not to make legislators, the legislative can have no power to transfer their authority of making laws, and place it in other hands.
nondelegation doctrine