Senator Ted Cruz: Limits On The Treaty Power [Harvard Law Review]

The Volokh Conspiracy ^ | January 11, 2014 | Nick Rosenkranz

[Cincinatus' Wife]

Senator Ted Cruz has an excellent essay in the Harvard Law Review Forum entitled Limits on the Treaty Power. Here is a taste:

The Necessary and Proper Clause does not give Congress power to implement treaties in a way that contravenes the structural limitations on the federal government’s powers …. The President should not be able to make any treaty — and Congress should not be able to implement any treaty — in a way that displaces the sovereignty reserved to the states or to the people.

Cruz thus argues that Justice Holmes’s opinion in Missouri v. Holland must be limited to its facts, or else overruled. Regular readers know that I entirely agree.

It is quite unusual for a sitting senator to publish original legal scholarship. And it is doubly unusual for a senator to, in effect, argue for constitutional limits on his own power. Read the whole thing.

[okie01]

Because “we must never forget that it is a constitution we are expounding,” the Court must remember the Constitution’s “great outlines” and “important objects.” The Framers’ genius in dividing sovereign authority between the federal and state governments certainly qualifies as one of the great outlines and important objects that Chief Justice Marshall deemed necessary for interpreting the Constitution.

"Great outlines" and "important objects". Now, there's some aura and penumbra I can appreciate.

[freekitty]

It kind of makes you wonder what happened to the liberals brains? They clearly don’t seem to think for themselves. LOL

[SoConPubbie]

Ted Cruz Ping!

If you want on/off this ping list, please let me know.

Please beware, this is a high-volume ping list!

[left that other site]

My Goodness, that is interesting!

The “Lyin’ King” claims he was the EDITOR of the Harvard Law Review for a length of time, and yet there is no record of any articles by him.

Meanwhile, Ted Cruz, who makes no such claim, has an erudite and interesting article in the very same magazine.

[txrefugee]

The Left has no one as brilliant as Sen. Ted Cruz. He must lead a righteous life, because one iota of a failing will bring the hounds of the ungodly down on him, led by the Leftist hit squads in the media who are dying to discredit him

We pray for him and his family in our family prayers every day and urge all Christians to do likewise.

[SunkenCiv]

Thanks Cincinatus’ Wife.