2 ms·
> A the treaty power is another clause, so sure, you can do a lot of things that aren't enumerated powers (but that aren't prohibited!) by signings treaties. T
by eadmund 9y ago
> A the treaty power is another clause, so sure, you can do a lot of things that aren't enumerated powers (but that aren't prohibited!) by signings treaties.
The Tenth Amendment says that anything not explicitly granted to the United States is reserved to the individual states or people: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. I.e., it prohibits any power it doesn't explicitly grant.
I think it's pretty obvious that the United States can't take power from the states simply by signing treaties with foreign powers, rather than being given those powers by the states and/or people.
> No sillier than the winning argument in Gonzales v. Raich!
Which was terribly bad law.