188 WRIGHT— LIMITATIONS UPON NATIONAL POWERS, 



Statesmen and text writers with few exceptions have taken a 

 similar attitude in support of a broad treaty power.''^ We may 

 accept the view of a California judge in a case involving the state 

 intestacy laws.''^ 



"One of the arguments at the bar against the extent of this power of 

 treaty is, that it permits the Federal Government to control the internal 

 policy of the States, and, in the present case, to alter materially the statutes 

 of distribution. If this was so to the full extent claimed, it might be a 

 sufficient answer to say, that it is one of the results of the compact, and, 

 if the grant be considered too improvident for the safety of the States, the 

 evil can be remedied by the Constitution-making power." 



Thus any respect that is shown by the treaty-making power to 

 " reserved powers " of the states is merely by virtue of an under- 

 standing of the Constitution. In fact such respect has often been 

 shown and it was thus to safeguard the interests of the states 



9'^ For supremacy of treaty power over state powers : 

 Anderson, C, Am. Jl. Int. Law, i: 636; 

 Burr, Treaty Making Power of U. S., 1912 ; 

 Butler, The Treaty Making Power of the U. S., 1902; 

 Calhoun, Discourse, Works, ed. 1853, i : 202 ; Elliot's Debates, 4 : 463 ; 

 Corwin, National Supremacy, 1913 ; 



Crandall, Treaties, their Making and Enforcement, 1916; 

 Devlin, Treaty Power under the Constitution of U. S., San Francisco, 



1908; 

 Elliott, E. C, The Treaty Making Power, with reference to the Re- 

 served Powers of the States, Case and Comment, 22: jy (1913) ; 

 Hall, J. P., State Interference with the Enforcement of Treaties, 



Proc. Acad. Pol. Set., 7: 24; 

 Livingston, Sec. of State, Wharton, 2: 67; 

 Moore, J. B., Pol. Sci. Quar., 32: 320; 

 Pomeroy, Introduction to the Constitutional Law of U. S., 9th ed., 



1886, sec. 674; 

 Root, Am. Jl. Int. Law, i: 273; 

 Story, Commentaries on the Constitution ; 



Willoughby, W. W., Constitutional Law of U. S., 2 vols., 1910, 

 Against supremacy of treaty power over state powers : 



Hayden, Am. Hist. Rev., 22: 566 (takes a historical view showing 



that the political check has sometimes preserved states' rights from 



adverse treaties) ; 

 Jefferson. Manual of Parliamentary Practice, p. no; 

 Mikell, University of Pa. Law Rev., 57, 435, 528; 

 Tucker, H. S., Limitations on the Treaty Making Power under the 



Constitution of U. S., Boston, 1915; 

 Tucker, J. R., Constitution of U. S., 2 vols., 1899. 

 «s People V. Gerke, 5 Cal. 381 (1855). 



