Skip to main content Accessibility help
×
Home

Bond v. United States and Congress’s Role in Implementing Treaties

  • William S. Dodge (a1)

Extract

Bond v. United States had long been anticipated as the case in which the Supreme Court would revisit Missouri v. Holland (1920) and limit Congress’s authority to implement treaties. In the event, the Court did nothing of the kind. Only three Justices would have recognized judicially enforceable limits on the Treaty Power (Thomas, joined by Scalia and Alito, concurring in the judgment), and only two would have adopted the crabbed reading of the Necessary and Proper Clause advocated by Professor Nicholas Rosenkranz (Scalia, joined by Thomas, concurring in the judgment).

    • Send article to Kindle

      To send this article to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle.

      Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

      Find out more about the Kindle Personal Document Service.

      Bond v. United States and Congress’s Role in Implementing Treaties
      Available formats
      ×

      Send article to Dropbox

      To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Dropbox.

      Bond v. United States and Congress’s Role in Implementing Treaties
      Available formats
      ×

      Send article to Google Drive

      To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Google Drive.

      Bond v. United States and Congress’s Role in Implementing Treaties
      Available formats
      ×

Copyright

References

Hide All

1 Bond v. United States, 134 S.Ct. 2077 (2014).

2 Rosenkranz, Nicholas Quinn, Executing the Treaty Power, 118 Harv. L. Rev. 1867 (2005).

3 Bond, 134 S.Ct. at 2083.

4 Id.

5 Id. at 2092-2093.

6 Id. at 2090.

7 Cohen, Harlan Grant. Formalism and Distrust: Foreign Affairs Law in the Roberts Court, 83 Geo. Wash. L. Rev. 380 (2015).

8 Wuerth, Ingrid, Chief Justice Roberts – [Not Yet] The Most Important Author of Foreign Relations Opinions in the History of the Supreme Court?, Lawfare Blog (May 12, 2014, 10:47 AM).

9 U.S. v. Bass, 404 U.S. 336, 349 (1971)

10 Bradley, Curtis A., Bond, Clear Statement Requirements, and Political Process, 108 AJIL Unbound 83 (2014).

11 Bond, 134 S.Ct. at 2089 (quoting Bass, 404 U.S. 336, 349 (1971)).

12 Galbraith, Jean, Guest Post: Silences in the Bond Case, Opinio Juris (June 2, 2014).

13 Bond, 134 S.Ct. at 2088.

14 Id. at 2092.

15 Id.

16 Cleveland, Sarah H. & Dodge, William S., Defining and Punishing Offenses Under Treaties, 124 YALE L.J. 2202 (2015).

17 Hathaway, Oona A. et al., The Treaty Power : Its History, Scope and Limits, 98 Cornell L. Rev. 239 (2013).

Bond v. United States and Congress’s Role in Implementing Treaties

  • William S. Dodge (a1)

Metrics

Full text views

Total number of HTML views: 0
Total number of PDF views: 0 *
Loading metrics...

Abstract views

Total abstract views: 0 *
Loading metrics...

* Views captured on Cambridge Core between <date>. This data will be updated every 24 hours.

Usage data cannot currently be displayed