This paper, published as part of symposium on Missouri v. Holland, explores how the circumstances of that case relate to modern criticisms of Congress' Necessary and Proper power and the doctrine of non-self-executing treaties. Focusing on some of the original concerns - for example, the need for further domestic implementation by Canada (and not, to the same degree, by the United States), the need for spending legislation, and the provision of criminal penalties - unsettles not only the understanding of the Supreme Court's decision, but also more recent critiques of the doctrines with which it has long been associated.
Monday, September 21, 2009
Swaine: Putting Missouri v. Holland on the Map
Edward T. Swaine (George Washington Univ. - Law) has posted Putting Missouri v. Holland on the Map (Missouri Law Review, Vol. 73, no. 4, 2008). Here's the abstract: