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Encyclopedia > Missouri v. Holland
Missouri v. Holland

Supreme Court of the United States
Argued February 29, 1819
Decided March 6, 1920
Full case name: The State of Missouri v. Holland
Holding
Court membership
Chief Justice: John Marshall
Associate Justices: Bushrod Washington, William Johnson, Henry Brockholst Livingston, Thomas Todd, Gabriel Duvall, Joseph Story
Case opinions
Majority by: Holmes
Laws applied
U.S. Const. 10th Amendment


In Missouri v. Holland, 252 U.S. 416 (1920), the United States Supreme Court held that the federal government's ability to make treaties is supreme over any state concerns about such treaties having abrogated any states' rights arising under the Tenth Amendment. The case revolved around the constitutionality of the implementing legislation, the Migratory Bird Treaty Act of 1918. Image File history File links Seal_of_the_United_States_Supreme_Court. ... The Supreme Court of the United States is the highest judicial body in the United States and leads the judicial branch of the United States federal government. ... John Marshall (September 24, 1755–July 6, 1835) was an American statesman and jurist who more than anyone shaped American constitutional law and made the Supreme Court a center of power. ... External link Biography from the OYEZ Project Categories: People stubs | 1762 births | 1829 deaths | U.S. Supreme Court justices ... Categories: People stubs | U.S. Supreme Court justices | 1771 births | 1834 deaths ... Categories: People stubs | U.S. Supreme Court justices | 1757 births | 1823 deaths ... Categories: People stubs | U.S. Supreme Court justices | 1765 births | 1826 deaths ... Gabriel Duval (1752 - 1844) was a U.S. jurist. ... American jurist Joseph Story Joseph Story (September 18, 1779 - September 10, 1845), American jurist, was born at Marblehead, Massachusetts. ... The United States Constitution is the supreme law of the United States of America. ... The Supreme Court of the United States is the highest judicial body in the United States and leads the judicial branch of the United States federal government. ... Single European Act A treaty is a binding agreement under international law entered into by actors in international law, namely states and international organizations. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Minor parties State & Local government Governors Legislatures State Courts Counties, Cities, and Towns Other countries â€¢ Politics Portal • • A state of the United States is any one of the fifty subnational entities referred to... States rights refers to the idea that U.S. states possess certain rights and political powers in the politics of the United States and constitutional law. ... Amendment X (the Tenth Amendment) of the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791. ... Under United States Code Title 16, Chapter 7, Subchapter II, the Migratory Bird Treaty Act of 1918 is the United States legislation implementing the convention between the U.S. and Great Britain (for Canada). ...


Previously, Congress had passed laws regulating the hunting of migratory waterfowl on the basis that such birds naturally migrated across state and international borders freely and hence the regulation of the harvest of such birds could not realistically be considered to be province solely of individual states or groups of states. However, several states objected to this theory and successfully sued to have the law declared unconstitutional, on the basis that the United States Constitution gave Congress no enumerated power to regulate migratory bird hunting, and hence the regulation of such hunting, if there were to be any, was the province of the states according to the Tenth Amendment. Seal of the U.S. Congress. ... It has been suggested that Big-game hunter be merged into this article or section. ... Constitutionality is the status of a law, procedure, or act being in accordance with the laws or guidelines contained in a constitution. ... The United States Constitution is the supreme law of the United States of America. ...


Congress, dissatisfied with this ruling, then empowered the State Department to negotiate with the United Kingdom, which at the time still largely handled the foreign relations of Canada, a treaty pertaining to this issue. The treaty, was subsequently ratified and came into force, and required the Federal Government to enact laws regulating the capturing, killing, or selling of the protected migratory birds,[1] an obligation that it fulfilled in the Migratory Bird Treaty Act of 1918. The United States Department of State, often referred to as the State Department, is the Cabinet-level foreign affairs agency of the United States Government, equivalent to foreign ministries in other countries. ... Ratification is the process of adopting an international treaty, or a constitution or other nationally binding document (such as an amendment to a constitution) by the agreement of multiple subnational entities. ... Under United States Code Title 16, Chapter 7, Subchapter II, the Migratory Bird Treaty Act of 1918 is the United States legislation implementing the convention between the U.S. and Great Britain (for Canada). ...


The State of Missouri then sued on the basis that the federal government had no authority to negotiate a treaty on this topic. In an opinion by Justice Oliver Wendell Holmes, Jr., the Supreme Court held that the law was in fact constitutional, noting that the treaties clause of the Constitution (Article VI, clause 2), sometimes known as the "supremacy clause," makes treaties the "supreme law of the land", co-equal in status to the Constitution itself, a finding that trumps any state concern with regard to the provisions of any treaty, and further implying that treaty provisions were not subject to questioning by the States under the process of judicial review. This article does not cite its references or sources. ... Oliver Wendell Holmes, Jr. ... Article VI, Paragraph 2 of the United States Constitution is known as the Supremacy Clause: The Supremacy Clause establishes the Constitution, Federal Statutes, and U.S. treaties as the supreme law of the land. ... The word trump has a number of meanings: Trump cards are cards which rank above non-trump cards, and which automatically prevail over them unless a higher trump is played. ... Judicial review is the power of a court to review a law or an official act of a government employee or agent for constitutionality or for the violation of basic principles of justice. ...


Many persons saw this ruling as a dangerous implication that Congress or the President could essentially amend the Constitution by the means of treaties with other countries that would abrogate the rights of the people or the States otherwise protected by American law. These concerns came to a head in the 1950s, when the Old Right Conservatives supported the so-called Bricker Amendments, which nearly passed Congress with the required two-thirds majority. The 1950s was the decade spanning the years 1950 to 1959. ... The Old Right refers to separate political groups in the United Kingdom and the United States. ... Senator John W. Bricker, the sponsor of the proposed constitutional amendment. ...


 
 

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