3 ms·
> The existing standard for constitutional review of treaties is that the things called for by a treaty are allowed unless the Constitution specifically forbids
by eadmund 9y ago
> The existing standard for constitutional review of treaties is that the things called for by a treaty are allowed unless the Constitution specifically forbids them.
That's a risible standard, though: it renders the Tenth Amendment a dead letter. It doesn't make any sense for the Constitution to explicitly reserve all powers not granted to the United States to the several states or people, and at the same time grant the United States the ability to collude with foreign powers in taking those powers from the states and/or people.
Yes, treaties are the supreme law of the land, but only if they are constitutional. The President & Senate could not enter a treaty which restores slavery, for example.