The Need to Restrain the Treaty–Making Power of the United States within Constitutional Limits
Bibliographic Data
| ID | 9561579 |
|---|---|
| Authors | George A Finch (corresponding author) |
| Year | 1954 |
| Volume | 48 |
| Issue | 1 |
| Pages | 57-82 |
| Publication date | 1954-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-9300 • E-ISSN: 2161-7953 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/2194734 |
| OpenAlex | W2312830213 |
| Language | EN |
| Citations received | 4 |
“The treaty-making power is an extraordinary power liable to abuse. Treaties make international law and also they make domestic law. Under our Constitution treaties become the supreme law of the land. They are indeed more supreme than ordinary laws, for congressional laws are invalid if they do not conform to the Constitution, whereas treaty law can override the Constitution. Treaties, for example, can take powers away from the Congress and give them to the President; they can take powers from the States and give them to the Federal Government or to some international body, and they can cut across the rights given the people by their constitutional Bill of Rights.”
Constitution · Constitutional law · Enumerated powers · International law · Law of the land · Municipal law · Physics · Political science · Power (physics · Separation of powers · Supreme court · Treaty · International Law and Aviation · International Law and Human Rights · Law
| Unique citing works | 4 |
|---|---|
| Citations per year | 0,13 |
| Citation span | 1995 - 2006 (12) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 4 |