This book provides the first detailed history of the Constitution's treaty supremacy rule. The traditional supremacy rule precluded state governments from violating U.S. treaty obligations. After a 1950 California court decision implied that the United States had effectively abrogated Jim Crow laws by ratifying the UN Charter, conservatives achieved a de facto constitutional change. This created a novel exception that permits state governments to violate some treaties. The death of treaty supremacy has significant ...
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This book provides the first detailed history of the Constitution's treaty supremacy rule. The traditional supremacy rule precluded state governments from violating U.S. treaty obligations. After a 1950 California court decision implied that the United States had effectively abrogated Jim Crow laws by ratifying the UN Charter, conservatives achieved a de facto constitutional change. This created a novel exception that permits state governments to violate some treaties. The death of treaty supremacy has significant implications for U.S. foreign policy and for U.S. compliance with its treaty obligations.
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