Can a Treaty Increase the Power of Congress?




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Summary: In 1920, in Missouri v. Holland, the Supreme Court seemed to say, contrary to basic constitutional principles, that a treaty could increase the legislative power of Congress. That issue is now back before the Court in Bond v. United States, a case with deliciously lurid facts involving adultery, revenge, and the Chemical Weapons Convention. Cato has filed an amicus brief in the case, written by Nicholas Rosenkranz, based on his Harvard Law Review article on the subject. Please join us for a discussion of this fundamental constitutional question.