Putting Missouri v. Holland on the Map
22 Pages Posted: 20 Sep 2009
Date Written: September 19, 2008
This paper, published as part of symposium on Missouri v. Holland, explores how the circumstances of that case relate to modern criticisms of Congress' Necessary and Proper power and the doctrine of non-self-executing treaties. Focusing on some of the original concerns - for example, the need for further domestic implementation by Canada (and not, to the same degree, by the United States), the need for spending legislation, and the provision of criminal penalties - unsettles not only the understanding of the Supreme Court's decision, but also more recent critiques of the doctrines with which it has long been associated.
Keywords: treaties, foreign relations, constitutional law
JEL Classification: K19, K33, K39, K40
Suggested Citation: Suggested Citation