Is NAFTA Constitutional? - Hardcover
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.
"synopsis" may belong to another edition of this title.
About the Author:
Ackerman Bruce
Review:
Bruce Ackerman is Sterling Professor of Law and Political Science at Yale University.Golove David
David Golove is Assistant Professor, College of Law, University of Arizona.
A prodigious accomplishment from every point of view: historical excavation, legal argumentation (as he punctures the various attempts to claim as precedent what was not) and theoretical argumentation.
A prodigious accomplishment from every point of view: historical excavation, legal argumentation (as he punctures the various attempts to claim as precedent what was not) and theoretical argumentation.
A prodigious accomplishment from every point of view: historical excavation, legal argumentation (as he punctures the various attempts to claim as precedent what was not) and theoretical argumentation.
"About this title" may belong to another edition of this title.
- PublisherHarvard University Press
- Publication date1995
- ISBN 10 0674187741
- ISBN 13 9780674187740
- BindingHardcover
- Number of pages129
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Book Description Buch. Condition: Neu. This item is printed on demand - it takes 3-4 days longer - Neuware -By a vote of 61 to 38, the Senate joined the House in declaring that 'Congress approves.the North American Free Trade Agreement.' Whatever happened to the Treaty Clause Bruce Ackerman and David Glove tell the story of the Treaty Clause's displacement in the twentieth century by a modern procedure in which the House joins the Senate in the process of consideration, but simple majorities in both Houses suffice to commit the nation. So, is NAFTA constitutional 140 pp. Englisch. Seller Inventory # 9780674187740
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Book Description Buch. Condition: Neu. nach der Bestellung gedruckt Neuware - Printed after ordering - By a vote of 61 to 38, the Senate joined the House in declaring that 'Congress approves.the North American Free Trade Agreement.' Whatever happened to the Treaty Clause Bruce Ackerman and David Glove tell the story of the Treaty Clause's displacement in the twentieth century by a modern procedure in which the House joins the Senate in the process of consideration, but simple majorities in both Houses suffice to commit the nation. So, is NAFTA constitutional. Seller Inventory # 9780674187740
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Book Description Gebunden. Condition: New. Dieser Artikel ist ein Print on Demand Artikel und wird nach Ihrer Bestellung fuer Sie gedruckt. A prodigious accomplishment from every point of view: historical excavation, legal argumentation (as he punctures the various attempts to claim as precedent what was not) and theoretical argumentation.Ackerman Bruce : Bruce Ackerman . Seller Inventory # 5943651
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