Limitations on the Treaty-making Power Under the Constitution of the United StatesThe Lawbook Exchange, Ltd., 2000 - 444 páginas Tucker, Henry St. George. Limitations on the Treaty-Making Power Under the Constitution of the United States. Boston: Little, Brown, and Company, 1915. xxi, 444 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-31589. ISBN 1-58477-015-5. Cloth. $75. * An interpretation of relevant cases and the opinions of legislators and judges to support Tucker's argument for strict limitations on treaty-making power. With table of cases and index. Tucker [1853-1932], a congressman from Virginia, was the grandson of Henry St. George Tucker, author of Commentaries on the Laws of Virginia. In Congress he was known for his opposition to women's suffrage and his support of states rights. |
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Página 9
... powers ; — all others being reserved to the States and the people of the States . Beyond these the constitution is as destitute of authority and as powerless as a blank piece of paper ; and the measures of the government mere acts of ...
... powers ; — all others being reserved to the States and the people of the States . Beyond these the constitution is as destitute of authority and as powerless as a blank piece of paper ; and the measures of the government mere acts of ...
Página 45
... powers vested by the con- stitution . Treaties , to be valid , must be made within the scope of the same powers ; for ... reserved to themselves the power of expelling from their borders any person , or class of persons , 15 How . 613 ...
... powers vested by the con- stitution . Treaties , to be valid , must be made within the scope of the same powers ; for ... reserved to themselves the power of expelling from their borders any person , or class of persons , 15 How . 613 ...
Página 49
... power of Congress to lay and collect taxes and duties can be curtailed by an arrangement made with a foreign na- tion ... reserved 15 McLean 347. Fed . Cases 14251 . 26 California Reports , pp . 250–252 . powers of the State , or matters ...
... power of Congress to lay and collect taxes and duties can be curtailed by an arrangement made with a foreign na- tion ... reserved 15 McLean 347. Fed . Cases 14251 . 26 California Reports , pp . 250–252 . powers of the State , or matters ...
Página 50
... powers which are expressly prohibited to Congress , or reserved to the States , may be exercised through the instrumentality or omnipotence of the treaty - making power . " To assert the proposition that the President and Senate are ...
... powers which are expressly prohibited to Congress , or reserved to the States , may be exercised through the instrumentality or omnipotence of the treaty - making power . " To assert the proposition that the President and Senate are ...
Página 51
... power must be construed in reference to the powers delegated to the United States , and those reserved to the States , and must be further limited to objects which are the peculiar and proper subject matter of treaty stipulation . " The ...
... power must be construed in reference to the powers delegated to the United States , and those reserved to the States , and must be further limited to objects which are the peculiar and proper subject matter of treaty stipulation . " The ...
Contenido
1 | |
44 | |
56 | |
73 | |
CHAPTER V | 95 |
THE CASES OF CHIRAC v CHIRAC HAUENSTEIN v LYNHAM | 143 |
CHAPTER VII | 173 |
CHAPTER VIII | 202 |
CHAPTER IX | 238 |
CHAPTER X | 284 |
CHAPTER XI | 342 |
PAGE | 380 |
CHAPTER XIII | 420 |
INDEX | 435 |
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admitted adopted alien alienage American annul appropriation Article Articles of Confederation Author's italics authority binding Britain British carry Cherokee Tobacco Chief Justice Chinese claim clause Cloth confiscate conflict consent Consti Constitution construction contract debts decision declared delegated denied duties effect embrace enacted exclusive execution exercise existence expressly favored nation Federal Government foreign nations grant of power House of Representatives ISBN Jay Treaty Judge judicial jurisdiction land lative law of Virginia Lawbook Exchange laws of Congress LCCN legislature limited Majesty's Government Maryland ment necessary operation opinion peace persons police power powers of Congress President and Senate principle privileges prohibited proper protection provisions question ratified relation Reprint available Reprinted 1999 reserved powers respect says schools secured sovereign stitution supremacy Supreme Court supreme law Tenth Amendment territory thereof tion treaty power treaty-making power tution United unlimited valid vested Virginia
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Página 56 - Congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article: of sending and receiving ambassadors: entering into treaties and alliances: provided that no treaty of commerce shall be made whereby the legislative power of the respective States shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to, or from prohibiting the exportation or importation of any...
Página 432 - No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution, has all the powers granted to it which are necessary to preserve its existence; as has been happily proved by the result of the great effort to throw off its...
Página 73 - No state shall, without the consent of congress, * * * enter into any agreement or compact with another state, or with a foreign power.
Página 104 - They form a portion of that immense mass of legislation, which embraces everything within the territory of a state, not surrendered to the general government ; all which can be most advantageously exercised by the states themselves.
Página 104 - In war, we are one people. In making peace, we are one people. In all commercial regulations, we are one and the same people. In many other respects, the American people are one, and the government which is alone capable of controlling and managing their interests in all these respects, is the government of the Union. It is their government, and in that character they have no other. America has chosen to be, in many respects, and to many purposes, a nation ; and for all these purposes, her government...
Página 19 - It would not be contended that it extends so far as to authorize what the Constitution forbids, or a change in the character of the government or in that of one of the States, or a cession of any portion of the territory of the latter, without its consent.
Página 389 - The people of the United States framed such a government for the United States as they supposed best adapted to their situation and best calculated to promote their interests. The powers they conferred on this government were to be exercised by itself; and the limitations on power, if expressed in general terms, are naturally, and, we think, necessarily applicable to the government created by the instrument. They are limitations of power granted in the instrument itself; not of distinct governments,...
Página 19 - The treaty power, as expressed in the Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments, and those arising from the nature of the government itself and of that of the States.