IV

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
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HCON 49 IH

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

1 Resolved by the House of Representatives (the Senate

2 concurring), That it is the sense of Congress that—

3 (1) no treaty, or any provision thereof, which

4 denies or abridges any constitutionally enumerated

5 right shall be of any legal force or effect;

6 (2) no treaty, or any provision thereof, which

7 denies or abridges the powers reserved by the Con8 stitution to the several States or to the people shall

9 be of any legal force or effect;

10 (3) no treaty, or any provision thereof, shall au11 thorize or permit any foreign power or any inter12 national organization to oversee, supervise, monitor,

13 control, or adjudicate the legal rights or the privi14 leges and immunities of citizens of the United States

15 or of citizens of the several States, when such rights,

16 privileges and immunities are, according to the Con17 stitution, subject to the domestic jurisdiction of the

18 United States or the several States; and any decision

19 of any international body to the contrary, shall be

20 disregarded by the courts of the United States and

21 of the several States;
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HCON 49 IH

1 (4) no treaty, or any provision thereof, shall

2 have any force or effect as law within the United

3 States except as provided for by appropriate legisla4 tion duly enacted by Congress pursuant to its con5 stitutionally enumerated powers; and

6 (5) no Executive Agreement, or other agree7 ment between the United States Government and

8 the government of any other nation, shall have any

9 force or effect as law within the United States, but

10 shall be subject to the same procedures and limita11 tions on treaties as set forth in the Constitution, in12 cluding but not limited to ratification by the two13 thirds vote required by article II, section 2.

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