The Treaty-Making Power Under the Constitution of the United States (Classic Reprint) PDF Download

Author: Henry St. George Tucker
Publisher:
ISBN: 9781330602928
Category : Political Science
Languages : en
Pages : 26

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Book Description
Excerpt from The Treaty-Making Power Under the Constitution of the United States The recent action of the State of California in passing an act prohibiting Aliens ineligible to citizenship in the United States from holding land in that State has produced wide discussion, and brings us face to face with the question whether a Treaty between the United States and any foreign country which guarantees to the inhabitants of such country the right to hold land within the bounds of the United States is a Constitutional Treaty and valid, as against the law of a State of the Union prohibiting such holding by such foreigners. No question of more far-reaching effect than this has arisen in our political history within the past few years. The advocates of the affirmative of this proposition for-0 the most part rest their conclusions upon the fact that the Constitution of the United States in words declares that the;, Treaty is the supreme law of the land; and it is also urged, v, the Treaty being an exercise of national power upon subjects which can be treated of by the Federal Government alone, affecting all the citizens of each country bound by the Treaty, that to permit the people of one State, which may be the smallest State in the Union, by its independent and antagonistic action, to defeat a Treaty whose beneficient effects are intended to reach all the people of the United States should not be allowed from the standpoint of justice to the great body of the people of America. The argument ab inconvenienti is persuasive and often effective, but cannot be admitted in the consideration of constitutional rights. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.