| Il treaty making power degli Stati membri USA tra esigenze unitarie e tutela del federalismo |
| Fascicolo 2004-2 |
| Scritto da Illari Silvia |
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Sommario 1. Le dinamiche evolutive del treaty making power. – 2. Treaty making power e supremacy clause. – 3. Treaty making power e compact clause. – 4. Gli indirizzi della dottrina “revisionista”.
Abstract This work examines the U.S.A. treaty making power from the point of view of the States through the constitutional norms, the Supreme Court jurisprudence and the debate among scholars. By looking at the constitutional history of United States and at the constitutional case law, it becomes clear that the state treaty making power doesn’t exist because of the strong prevalence of the unitary principle in the U.S. foreign relations. This is especially true, when the U.S.A. gets in the international arena after the first world war: in the opinion of the Supreme Court the Constitution vests the treaty power exclusively in the national government on the rationale that in international affairs, as opposed to domestic affairs, the government should be national rather than federal. Particular attention is paid to the role played by the case law with regard to state actions that can influence federal foreign relations. |