Treaties

The Constitution does not mention treaties or Congress’ powers regarding them. Missouri v. Holland clarifies how the treaty power is allowable under the necessary and proper clause.

Missouri v. Holland (1920)

Facts
Congress passed the Migratory Bird Treaty Act in 1918. Missouri sued to prevent a U.S. game warden from enforcing the act.

Missouri argued that the treaty violated the 10th amendment (state sovereignty). The state also pointed out that Congress attempted to pass a similar law only a few years before. That act was struck as a violation of the 10th amendment. This treaty appeared to be the same policy repackaged.

Question
Is this treaty allowable?

Holding
Yes

Reasoning
Congressional powers cannot be used to contradict a Constitutional provision. But the necessary and proper clause makes sure that all appropriate government powers, which includes treaties, are vested in Congress. Treaties are therefore not reviewable under the 10th amendment.

And the winner is…
Holland. I’m guessing he was the game warden.

Notes
The significance of this case is simply that treaties can override the 10th amendment. It is likely that treaties must stand up to some other form of judicial scrutiny. And we'll probably cover that issue in a later post.

summarized from Life of a Law Student