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Do the Constitution’s structural limits on federal authority impose 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 beyond the scope of the treaty, intrudes on traditional state prerogatives, or is unnecessary to satisfy the government’s treaty obligation? What is the extent of authority under the Chemical Weapons Convention Implementation Act, 18 U.S.C. §229, and how does it affect the balance of power between the state and federal governments?
On November 4, 2013, the U.S. Supreme Court heard oral arguments in U.S. v. Bond, which examines these questions. Our experts attended the oral arguments and offer their analysis of the merits of the case and the likely outcome in light of the day’s proceedings.
- Prof. John C. Eastman, Director, Center for Constitutional Jurisprudence, and Henry Salvatori Professor of Law and Community Service, Chapman University School of Law
- Prof. Nicholas Quinn Rosenkranz, Georgetown University Law Center
- Moderator: Dean A. Reuter, Vice President and Director of Practice Groups, The Federalist Society