By a vote of 61 to 38, the Senate joined the House in declaring
that "Congress approves...the North American Free Trade Agreement."
The vote was virtually unnoticed, since the real battle over NAFTA
was in the House. But there is a puzzle here. The President, the
Framers assure us, "shall have Power, by and with the Advice and
Consent of the Senate, to make Treaties, provided two thirds of the
Senators present concur." Whatever happened to the Treaty
Clause?
Bruce Ackerman and David Golove tell the story of the Treaty
Clause's being displaced in the twentieth century by a modern
procedure in which the House of Representatives joins the Senate in
the process of consideration, but simple majorities in both Houses
suffice to commit the nation. This is called the
Congressional-Executive Agreement, and is a response to a sea
change in public opinion during and after World War II.
This agreement substituted for a failed constitutional amendment
that would have required all treaties to be approved by majorities
in both Houses rather than by two-thirds of the Senate. The modern
Congressional-Executive Agreement was self-consciously developed in
order to make formal constitutional amendment unnecessary. So, is
NAFTA constitutional?
This book is reprinted from the "Harvard Law Review."
General
Imprint: |
Harvard University Press
|
Country of origin: |
United States |
Release date: |
December 1995 |
First published: |
October 2013 |
Authors: |
Bruce Ackerman
• David Golove
|
Dimensions: |
234 x 156 x 10mm (L x W x T) |
Format: |
Hardcover - Sewn / Cloth over boards
|
Pages: |
129 |
Edition: |
Reprint 2014 ed. |
ISBN-13: |
978-0-674-18774-0 |
Categories: |
Books >
Business & Economics >
Economics >
General
|
LSN: |
0-674-18774-1 |
Barcode: |
9780674187740 |
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