Venue: |
SCOTUS
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Facts: |
Treaty between US and Great Britain (for Canada) protects migrating
birds. MO wants to hunt them or something. |
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Posture: |
Bill in equity brought by MO to prevent US game wardens from enforcing
the treaty. |
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Issue: |
Are treaties that interfere with state rights void? |
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Holding: |
No. |
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Rule: |
(implicit) Congress can make treaties that override subordinate
legal authorities. |
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Reasoning: |
The treaty would be invalid if it infringed on the constitution.
The world changes, and it's ridiculous to think that we need
to conform to reality as the founders knew it. We need to
consider cases in light of our whole experience. Wild
birds aren't any state's property, incidentally, and the
preservation of birds that eat crop-destroying insects is
a major national priority. |
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Dicta: |
Some great quotes about the creation of the consitution as
dealing with unforeseeable things. |
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