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eBook details

• Title: Missouri V. Holland's Second Holding (Symposium)
• Author : Missouri Law Review
• Release Date : January 22, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 313 KB

Description

I. INTRODUCTION The Supreme Court in Missouri v. Holland, speaking through Justice Holmes, famously held that Congress has the power to pass a law to implement a treaty even if the law would not fall within Congress' legislative power in the absence of the treaty. (1) Essential to this holding were two distinct propositions. The first proposition is that the treaty-makers have the constitutional power to make treaties on matters falling outside Congress' enumerated powers. The second is that, if the treaty-makers make such a treaty and the treaty is not self-executing, the Necessary and Proper Clause gives Congress the power to implement such a treaty through a statute even if, in the absence of the treaty, the statute would be beyond Congress's legislative power. The Court in Missouri v. Holland focused on the first proposition. It devoted only one sentence to the second proposition: "If the treaty is valid there can be no dispute about the validity of the statute under Article I, [section] 8, as a necessary and proper means to execute the powers of the Government." (2)

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