On June 2, 2014, the U.S. Supreme Court decided Bond v. U.S. The Court did not avail itself of the opportunity to decide an important issue: Do the Constitution’s structural limits on federal authority impose any constraints on the scope of Congress’ authority to enact legislation to implement a valid treaty, at least in circumstances where the federal statute, as applied, goes far beyond the scope of the treaty, intrudes on traditional state prerogatives, and is concededly unnecessary to satisfy the government’s treaty obligations? Instead, the Court resolved the case using statutory interpretation. How important is the decision? What can be gleaned from the Court’s decision?
- Dr. John C. Eastman, Henry Salvatori Professor of Law & Community Service, Chapman University School of Law
- Prof. Nicholas Quinn Rosenkranz, Professor of Law, Georgetown University Law Center