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- Title
MISTREATING THE TREATY CLAUSE.
- Authors
Laakkonen, Erik
- Abstract
The article reports on the Treaty Clause, which was misconstrued by the Ninth Circuit in controlling that the president may deal with non-sovereign entities. The court's reasoning misinterpreted the Treaty Clause neglecting the purpose of the Framers and misusing Supreme Court case law. The court made an analogy to the Hong Kong Examinations and Assessment Authority (HKEA) to treaties with Indian tribes. Maintaining the HKEA constitutionality will affect U.S.-China relations in a negative way.
- Subjects
HONG Kong (China); CHINA; UNITED States; TREATIES; PRESIDENTS; FRAMERS (Company); APPELLATE courts; FEDERALLY recognized Indian tribes
- Publication
Thomas Jefferson Law Review, 2005, Vol 28, Issue 2, p237
- ISSN
1090-5278
- Publication type
Article