THE TREATY-MAKING POWER OF THE UNITED 

 STATES AND THE METHODS OF ITS ENFORCE- 

 MENT AS AFFECTING THE POLICE POWERS 

 OF THE STATES. 



CONTENTS. 



Page 



Introductory: Including a sketch of the evolution of the treaty clauses 

 of the Constitution in the Federal Convention 271 



I. Problems Mainly Political: 



(a) the powers of Congress with reference to appropriations to 



carry a treaty into effect; with reference to tariff duties, 



etc 285 



(b) the acquisition of territory 293 



(c) the cession of territory, 300 



(d) the significance of clause 2 of Article I, Section 10, 301 



(e) the first eight amendments 303 



II. Problems of an Individual and Juridical Nature — The Treaty- 

 making Power and its relations to Congressional Legislation. — A 



review of the decisions 306 



III. Problems of an Individual and Juridical Nature — The Treaty- 



making Power and its relations to State law : 327 



(a) the conditions of the Nation and the prevalent ideas when 



the Constitution was created, 328 



(b) the contemporary interpretation of the Constitution in this 



regard , 33^ 



(c) a review of the decisions 339 



IV. The Treaty-making Power and State Police Power. 



(a) the utterances of judges between the death of Marshall and 



the Civil War considered, , 356 



(b) the Tenth Amendment to the Constitution, 362 



(c) a review of the decisions respecting the exercise of State 



Police Power 364 



(d) the significance of the reaction under Taney 374 



V. The Methods of Enforcement of Treaty Provisions considered 



WITH reference to State Police Powers 3/6 



(0) certain diplomatic incidents 377 



(b) the power of the Federal Government to enforce treaty 



provisions — its extent examined by a review of the 

 decisions, 383 



(c) the present state of Federal statutes and the language of 



treaties on this subject considered 392 



VI. Conclusion 395 



Notes 398 



Table.of Cases 413 



Index 4^9 



270 



