LABOR LEGISLATION UNDER THE TREATY POWER

Authors

Abstract

Does the treaty making power of the United States offer a method of enacting constitutionally valid federal laws, which under other delegated federal powers would be unconstitutional? The Constitution of the United States provides: Art. II, §2 (2) "He (the president) shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur * * *·" Art I, §8 (18) That Congress shall have power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof." Art. I, §10 (1) "No state shall enter into any treaty, alliance or confederation; * * *." Art. I, §10 (3) "No state shall without the consent of Congress * * * enter into any agreement or compact with another state or with a foreign power* * *." Art. VI, §2 "This Constitution, and the laws of the United States made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding." Amendments, Art. X "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."

Recommended Citation

LABOR LEGISLATION UNDER THE TREATY POWER, 22 Mich. L. Rev. 457 (1924).
Available at: https://repository.law.umich.edu/mlr/vol22/iss5/7