An article on SCOTUSBLOG raised an interesting question in my mind, probably core to the issue they’re talking about:
According to the Constitution, the Federal government, through the Executive branch, has the sole power to negotiate treaties. However, the power of the Federal government is limited, and there’s a whole slew of powers that are left to the states and to the people.
What happens if the Federal government signs a treaty that agrees to something for which they have no power to enforce? Who wins?
The short answer, I guess, is this is why we have a Supreme Court. The long (and decisive) answer, I expect, will be forthcoming from them when they hear the case.
As an aside, its official: John Roberts is the new Chief Justice of the Supreme Court. Hooray!
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