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

Published online by Cambridge University Press:  20 January 2017

William S. Dodge*
Affiliation:
University of California, Hastings College of the Law
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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).

Type
Agora: Bond v. United States
Copyright
Copyright © American Society of International Law 2014

References

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

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

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)Google Scholar.

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)Google Scholar.

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)Google Scholar.

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)Google Scholar.

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)Google Scholar.

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

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