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 Govern-
ment, 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 enumer-
ated in the Constitution, and is further limited, by the
procedures and prohibitions set forth therein; and
HCON 49 IH
Whereas, as a limit on governmental power, the People of the
United States have vested Federal powers in three co-
equal branches of government, each with unique and lim-
ited powers and each with a coequal duty to uphold and
sustain the Constitution of the United States: Now,
therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That it is the sense of Congress that—
(1) no treaty, or any provision thereof, which
denies or abridges any constitutionally enumerated
right shall be of any legal force or effect;
(2) no treaty, or any provision thereof, which
denies or abridges the powers reserved by the Con-
stitution to the several States or to the people shall
be of any legal force or effect;
(3) no treaty, or any provision thereof, shall au-
thorize or permit any foreign power or any inter-
national organization to oversee, supervise, monitor,
control, or adjudicate the legal rights or the privi-
leges and immunities of citizens of the United States
or of citizens of the several States, when such rights,
privileges and immunities are, according to the Con-
stitution, subject to the domestic jurisdiction of the
United States or the several States; and any decision
of any international body to the contrary, shall be
disregarded by the courts of the United States and
of the several States;
HCON 49 IH
(4) no treaty, or any provision thereof, shall
have any force or effect as law within the United
States except as provided for by appropriate legisla-
tion duly enacted by Congress pursuant to its con-
stitutionally enumerated powers; and
(5) no Executive Agreement, or other agree-
ment between the United States Government and
the government of any other nation, shall have any
force or effect as law within the United States, but
shall be subject to the same procedures and limita-
tions on treaties as set forth in the Constitution, in-
cluding but not limited to ratification by the two-
thirds vote required by article II, section 2.
Æ