Tuesday, November 05, 2013

A Brief Response

Gerard N. Magliocca

So of course Marty is correct that Bond involves a treaty ratified under the Treaty Clause (by more than a two-thirds vote of the Senate). And he is saying that treaties are on a higher legal plane from a congressional-executive agreement. Treaties can confer power on Congress beyond what is in Article One. Congressional-executive agreements cannot. Like I said in my post, that distinction may make sense because of the 2/3 rule. I'm just don't think that Missouri v. Holland is typically defended on this ground or that treaties have been distinguished from congressional-executive agreements in this way before. But if I'm wrong about that, mea culpa.

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