wrongLogin (04/04/83)
It is certainly true that treaties are the "supreme law of the land". That is, they take effect, any State law, State consitution, or judicial policy to the contrary not withstanding (See McCormick v. Sullivant, 10 Wheat. 192,202 (1825); United States v. Fox, 94 U.S. 315,320 (1876) ). However, the treaty making power, while broad, is not unlimited. In particular, it must be made bona fide and not for the purpose of aggrandizing the powers of the National Government (Missouri v. Holland, 252 U.S. 416 (1920) ). Moreover, a treaty may not overide the constitution; it may not change the character of the government which is established by the Constitution nor require an organ of that government to relinquish its constitutional powers (See Geofroy v. Riggs, 133 U.S. 258,267 (1890); Doe v. Braeden, 16 How. 635,637 (1853) ; The Cherokee Tobacco, 11 Wall. 616,620-621 (1870); United States v. Minn., 270 U.S. 181, 207-208 (1926) ). Also, a treaty may be adopted with reservations as in the case of the Hague Conventions and the United Nations Charter. It is also the case that an "executive agreement" within the power of the President to make is the law of the land which the courts must give effect to (U.S. v. Belmont, 301 U.S. 324 (1937); United States v. Pink, 315 U.S. 203 (1942) ). Finally, Congress may authorize agents to enter into executive agreements with foreign governments (Field v. Clark, 143 U.S. 649 (1892); Hampton, Jr. and Co. v. U.S., 276 U.S. 394 (1928) ). There is some question whether treaties or "executive agreements" may be repealed (See Fong Yue Ting v. U.S., 149 U.S. 698,721 (1893); Cf. Reichart v. Felps, 6 Wall. 160,165-166 (1868) ). It does not seem that treaties or executive agreements may overide previous acts of Congress (See Whitney v. Robertson, 124 U.S. 190 (1888); U.S. v. Lee Yen Tai, 185 U.S. 213 (1902); Pigeon River Improvement, etc. Co. v. Cox, 291 U.S. 138 (1934); Cf. however Cook v. U.S., 288 U.S. 102 (1933) ). In any case, I know of no support for the propostion that a United Nations RESOLUTION, passed unanimously or otherwise, qualifies as a treaty or executive agreement. Therefore, I see no reason why such a resolution would come under the auspices of Article VI. - Cardozo