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Constitutional problems under Lincoln

01 Jan 1926-
About: The article was published on 1926-01-01 and is currently open access. It has received 92 citations till now.
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3 citations

Book ChapterDOI
01 Jan 1960
TL;DR: The question upon which the Founding Fathers were most drastically divided was whether a treaty could supersede a Congressional statute and whether a congressional statute could potentially supersede the United States Constitution as mentioned in this paper.
Abstract: The question upon which the Founding Fathers were most drastically divided was whether a treaty could supersede a Congressional statute and whether a Congressional statute could supersede a treaty This question, to which they provided no answer, is that to which the Supreme Court has furnished a most decisive answer The question is of high importance because its answer has a direct bearing on the relationship both of treaties and statutes to the supremacy of the Constitution For example, if an act of Congress could not supersede a treaty in national law, then the treaty power would have some degree of supremacy over the legislative power This would then pose a question as to the relative degree of supremacy between treaties and the Constitution

2 citations