I9I2.] OF THE UNITED STATES. 275 



Before examining, however, into the primarily political ques- 

 tions affecting the treaty-making power which may present them- 

 selves for solution, it will be well to excerpt the clauses of the Con- 

 stitution relative to that power. They are as follows: 



" No State shall enter into any treaty, alliance, or confederation." 

 Article I, Section lo, Clause i. 



" No State shall, without the consent of Congress . . . enter into any 

 agreement or compact with any State, or with a foreign power." Article I, 

 Section lo. Clause 2. 



" He [the President] shall have power, by and with the advice and con- 

 sent of the Senate, to make treaties, provided two thirds of the Senators 

 present concur." Article II, Section 2, Clause 2. 



" The judicial power shall extend to all cases, in law and equity, arising 

 under this Constitution, the laws of the United States, and treaties made, or 

 which shall be made, under their authority." Article III, Section 2, Clause I. 



" 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; and the judges in every state shall be bound thereby, anything in the 

 constitution or laws of any state to the contrary notwithstanding." Article 

 VI, Clause 2. 



The history of the adoption of these clauses by the framers of 

 the Constitution in Federal Convention is interesting and has a 

 certain significance. 



It will be recalled that the Convention met in accordance with 

 a resolution of the Congress of the Confederation adopted Febru- 

 ary 2ist, 1787. The date named was May 14th, 1787, but it was not 

 until May 25th that the Convention organized. On May 29th Gov- 

 ernor Randolph of Virginia presented a series of resolutions to 

 serve as leading principles in the formation of the new government. 

 These, known as the Virginia plan, were discussed by the Conven- 

 tion sitting as a committee of the whole, and were severally 

 amended, approved, or rejected. On June 15th, a series of resolu- 

 tions, which became known as the New Jersey plan, was intro- 

 duced. On July 26th, the Convention adjourned to August 6th, 

 having appointed a committee of detail to prepare a constitution 

 along the lines of the resolutions theretofore adopted. On August 

 6th the committee reported, and the Convention passed seriatim 

 upon the provisions reported. On September 8th the committee of 



