Treaties and the Legislative Power

in The Powers of War and Peace

Published by University of Chicago Press

Published in print October 2005 | ISBN: 9780226960319
Published online March 2013 | e-ISBN: 9780226960333 | DOI:
Treaties and the Legislative Power

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This chapter focuses on non-self-execution as a lens to understand the relationship between treaties and domestic legislation. Non-self-execution alleviates the conflicts between the growing demands of the international system and the expanding scope of treaties by maintaining the House's control over domestic legislation. The chapter then examines an important, early debate over the implementation of the first significant international agreement made under the Constitution, the Jay Treaty, to discover the practical workings of the separation between the executive and legislative powers. Insights from the constitutional text and structure, and the lessons of the history from the early Republic, then give one the perspective from which to approach the questions raised by globalization concerning the effect of today's treaties as domestic law.

Keywords: legislative power; domestic law; treaties; non-self-execution; international agreements; Constitution

Chapter.  13631 words. 

Subjects: Constitutional and Administrative Law

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