Putting Missouri v. Holland on the Map

22 Pages Posted: 20 Sep 2009

See all articles by Edward T. Swaine

Edward T. Swaine

George Washington University Law School

Date Written: September 19, 2008

Abstract

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

Swaine, Edward, Putting Missouri v. Holland on the Map (September 19, 2008). Missouri Law Review, Vol. 73, No. 4, 2008; GWU Law School Public Law Research. Available at SSRN: https://ssrn.com/abstract=1475705

Edward Swaine (Contact Author)

George Washington University Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-0608 (Phone)

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