[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 49 Introduced in House (IH)]







107th CONGRESS
  1st Session
H. CON. RES. 49

Expressing the sense of Congress that the treaty power of the President 
does not extend beyond the enumerated powers of the Federal Government, 
but is limited by the Constitution, and any exercise of such Executive 
power inconsistent with the Constitution shall be of no legal force or 
                                effect.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 2001

   Mr. Paul submitted the following concurrent resolution, which was 
          referred to the Committee on International Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
Expressing the sense of Congress that the treaty power of the President 
does not extend beyond the enumerated powers of the Federal Government, 
but is limited by the Constitution, and any exercise of such Executive 
power inconsistent with the Constitution shall be of no legal force or 
                                effect.

Whereas article VI of the Constitution provides that only those Treaties made 
        ``under the Authority of the United States'' are the Supreme Law of the 
        Land;
Whereas the Authority of the United States is limited to the powers of the 
        Federal Government specifically enumerated in the Constitution, and is 
        further limited, by the procedures and prohibitions set forth therein; 
        and
Whereas, as a limit on governmental power, the People of the United States have 
        vested Federal powers in three coequal branches of government, each with 
        unique and limited powers and each with a coequal duty to uphold and 
        sustain the Constitution of the United States: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of Congress that--
            (1) no treaty, or any provision thereof, which denies or 
        abridges any constitutionally enumerated right shall be of any 
        legal force or effect;
            (2) no treaty, or any provision thereof, which denies or 
        abridges the powers reserved by the Constitution to the several 
        States or to the people shall be of any legal force or effect;
            (3) no treaty, or any provision thereof, shall authorize or 
        permit any foreign power or any international organization to 
        oversee, supervise, monitor, control, or adjudicate the legal 
        rights or the privileges and immunities of citizens of the 
        United States or of citizens of the several States, when such 
        rights, privileges and immunities are, according to the 
        Constitution, subject to the domestic jurisdiction of the 
        United States or the several States; and any decision of any 
        international body to the contrary, shall be disregarded by the 
        courts of the United States and of the several States;
            (4) no treaty, or any provision thereof, shall have any 
        force or effect as law within the United States except as 
        provided for by appropriate legislation duly enacted by 
        Congress pursuant to its constitutionally enumerated powers; 
        and
            (5) no Executive Agreement, or other agreement between the 
        United States Government and the government of any other 
        nation, shall have any force or effect as law within the United 
        States, but shall be subject to the same procedures and 
        limitations on treaties as set forth in the Constitution, 
        including but not limited to ratification by the two-thirds 
        vote required by article II, section 2.
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