Jump to ContentJump to Main Navigation
The Death of Treaty Supremacy – An Invisible Constitutional Change - Oxford Scholarship Online
Users without a subscription are not able to see the full content.

The Death of Treaty Supremacy: An Invisible Constitutional Change

David L. Sloss

Abstract

Traditionally, the Constitution’s treaty supremacy rule provided that all treaties supersede conflicting state laws. The rule was designed to prevent treaty violations by state governments. From the Founding until World War II, treaty supremacy and self-execution were independent doctrines. Treaty supremacy was an aspect of federal supremacy; it governed the relationship between treaties and state law. Self-execution governed the division of power over treaty implementation between Congress and the president. In 1945, the United States ratified the U.N. Charter, which obligates nations to prom ... More

Keywords: treaty supremacy, non-self-executing treaties, de facto constitutional change, Bricker Amendment, U.N. Charter, international human rights, treaty violations, federal supremacy

Bibliographic Information

Print publication date: 2016 Print ISBN-13: 9780199364022
Published to Oxford Scholarship Online: September 2016 DOI:10.1093/acprof:oso/9780199364022.001.0001

Authors

Affiliations are at time of print publication.

David L. Sloss, author
Professor of Law, Santa Clara University School of Law