The proposition that treaties can increase the power of Congress is inconsistent with the text of the Treaty Clause, the Necessary and Proper Clause, and the Tenth Amendment. It is inconsistent with the fundamental structural principle that "[t]he powers of the legislature are defined, and limited."S It implies, insidiously, that that the President and the Senate can increase their own power by treaty. And it implies, bizarrely, that the President alone--or a foreign government alone--can decrease Congress's power and render federal statutes unconstitutional. Finally, it creates a doubly perverse incentive: an incentive to enter into foreign entanglements simply to increase domestic legislative power.
8 N.Y.U. J.L. & Liberty 228-259 (2013)
Scholarly Commons Citation
Rosenkranz, Nicholas Quinn, "Bond v. United States: Can the President Increase Congress's Legislative Power by Entering into a Treaty?" (2013). Georgetown Law Faculty Publications and Other Works. Paper 1379.