Federal Centralization: A Study and Criticism of the Expanding Scope of Congressional Legislation

By Walter Thompson | Go to book overview

CHAPTER VI
THE TREATY POWER -- CONCLUSIONS

THE meaning commonly conveyed by the term "Treaty Power" is that it is the power of the United States to enter into agreements with other nations. At first glance it would appear that such agreements would have no bearing upon the relationship of the federal government to the states. But in entering into international agreements the federal government assumes obligations, and to carry out these obligations it may have to interfere in matters which are commonly considered as belonging exclusively to the jurisdiction of the states. There is thus a conflict of jurisdictions, in which event the state usually must yield to the central government. Professor Corwin has devoted a volume to an exhaustive treatment of this phase of the treaty power.1 Like the taxing power and the power to regulate interstate commerce, the treaty power furnishes a constitutional means for the extension of federal authority. Consequently the subject merits a brief consideration here.

The lack of federal supremacy with regard to the treaty power was one of the principal weaknesses of the Articles of Confederation.2 To remedy this weakness

____________________
1
Edward S. Corwin, National Supremacy, N. Y. 1913. The two other principal authorities on the subject of the treaty power are Charles H. Butler, Treaty-Making Power of the United States, 2 vols., N. Y. 1902; Robert T. Devlin, The Treaty Power, San Francisco, 1908.
2
Even under the Articles of Confederation believers in a stronger central government, such as Hamilton, Jay, and even Jefferson, con-

-92-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
Federal Centralization: A Study and Criticism of the Expanding Scope of Congressional Legislation
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 399

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.