Missouri v. Holland, 252 U.S. 416

Supreme Court of the United States

1920

Chapter

3

Title

The Scope of Congresss Powers

Page

329

Topic

The Tenth Amendment as a Federalism-Based Limitation

Quick Notes

The State of Missouri contends that the 1918 Migratory Bird Treaty Act is an unconstitutional interference with the States Tenth Amendment reserved rights.  This was a matter of national interest to protect the food supply.  The President can make treaties under the authority of the United States, provided that two thirds of the Senators present concur.  These treaties become the Supreme Law of the Land.  Congresss Necessary and Proper clause can execute an act which is pursuant of the Constitution.

Rules

o         Treaties are the Supreme Law of the Land if they are made in accord with the Constitution.

o         A Congressional statute that would otherwise be invalid may be upheld if created in pursuant of a treaty.

Article II, Section2 Presidents Power to Make Treaties

o         The power to make treaties is delegated expressly to the President.

o         He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur

Article VI Supremacy Clause

o         Treaties made under the authority of the United States are declare the Supreme Law of the Land.

o         This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all TREATIES made, or which shall be made, under the authority of the United States, shall be the supreme law of the land

Article I, Section 8

o         If the treaty is valid there can be no dispute about the validity of the statute under Article I, Section 8.

Necessary and Proper Clause

o    To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

Book Name

Constitutional Law : Stone, Seidman, Sunstein, Tushnet.  ISBN:  978-0-7355-7719-0

Issue

o         Whether a statute that interferes with the Tenth Amendment reserved rights of a State can be upheld in pursuance of a treaty authorized by Article II, Section II?  Yes.

Procedure

Trial

o         District Court of the United States for the Western District of Missouri dismissed the State's action against appellee United States Game Warden challenging a migratory bird treaty.

Supreme

o         Affirmed

Facts

Discussion

Key Phrases

Rules

Pl Missouri

Df Holland (Game Warden)

Description

o         The State of Missouri brought a bill in equity to prevent a federal game warden of the United States from attempting to enforce the 1918 Migratory Bird Treaty Act, contending that the statute is an unconstitutional interference with the States' Tenth Amendment reserved rights.

o         A 1916 treaty between the U.S. and Great Britain provided for closed hunting seasons on certain birds, and stipulated that the two countries would propose the treaty be codified by their respective law-making bodies.

o         The 1918 Act prevented the killing, capturing or selling of any of the migratory birds listed in the statute except as permitted by federal regulations compatible with those terms.

o         District Court of the United States for the Western District of Missouri dismissed the State's action against appellee United States Game Warden challenging a migratory bird treaty

Analysis

o         By Article VI, treaties made under the authority of the United States are declared the supreme law of the land.

Necessary and Proper Clause

o         If the treaty is valid, a statute made in pursuance of the treaty is valid under the Necessary and Proper Clause.

Supremacy Clause

o         Acts of Congress are the supreme law of the land when made in pursuance of the Constitution.

o         Treaties are valid when made under the authority of the United States. 

o         There may be urgent national matters that an act of Congress could not deal with but that a treaty followed by such an act could.

In this case

o         Here a national interest of the highest magnitude is involved.

o         It can be protected only by a treaty with another power.

o         The birds are only transitorily in the State and have no permanent habitat in the State.

o         But for the treaty there might soon not be any migratory birds for any powers to deal with.

o         Nothing in the Constitution prohibits the Federal Government to sit by while a food supply is cut off and the protectors of our crops and forests are destroyed.

o         We are of the opinion that the treaty and the statute must be upheld.

Affirmed.

Article II, Section2 Presidents Power to Make Treaties

o         The power to make treaties is delegated expressly to the President.

o         He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur

Article VI Supremacy Clause

o         Treaties made under the authority of the United States are declare the Supreme Law of the Land.

o         This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all TREATIES made, or which shall be made, under the authority of the United States, shall be the supreme law of the land

Article I, Section 8

o         If the treaty is valid there can be no dispute about the validity of the statute under Article I, Section 8.

Necessary and Proper Clause

o    To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

Rules

Article II, Section2 Presidents Power to Make Treaties

o         The power to make treaties is delegated expressly to the President.

o         He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur

Article VI Supremacy Clause

o         Treaties made under the authority of the United States are declare the Supreme Law of the Land.

o         This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all TREATIES made, or which shall be made, under the authority of the United States, shall be the supreme law of the land

Article I, Section 8

o         If the treaty is valid there can be no dispute about the validity of the statute under Article I, Section 8.

Necessary and Proper Clause

o         To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

Supplement

The treaty power:

o         The treaty power is divided between two branches of the federal government.

o         The President may make a treaty, but it must be ratified by two-thirds of the Senate. Article II, 2.

o    Equivalent of federal statute:

o    A validly-ratified treaty is the rough equivalent of a federal statute.

o    Thus when a conflict arises between a valid treaty and a valid congressional statute, whichever was enacted later controls, under the rule that "the last expression of the sovereign will must control."

o    Independent source of authority:

o    The power to ratify treaties is in effect an enumerated legislative power, just like the specific powers listed in Article I, 8.

o    Thus even though a subject area might not otherwise be within congressional control, if it falls within the scope of an otherwise valid treaty, it will be valid as a "necessary and proper means" of exercising the treaty power.

o    It will also be binding on the states, under the Supremacy Clause.

Class Notes