The Jeffersonian cyclopedia; a comprehensive collection of the views of Thomas Jefferson classified and arranged in alphabetical order under nine thousand titles relating to government, politics, law, education, political economy, finance, science, art, literature, religious freedom, morals, etc.; |
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8560. TREATIES, Repeal of.— |
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8560. TREATIES, Repeal of.—
A treaty
made by the President, with the concurrence
of two-thirds of the Senate, is a law of the
land, and a law of superior order, because it
not only repeals past laws, but cannot itself
be repealed by future ones. [485]
—
Official Opinion. Washington ed. vii, 505.
Ford ed., v, 216.
(1790)
[485]
Jefferson, at a later period, modified this opinion
in the following note: “Unless with the consent or
default of the other contracting party. It may well
be doubted, too, and perhaps denied, that the treaty
power can control a law. The question here proposed
was then of the first impression. Subsequent investigations
have proved that the contrary position is
the more general truth.”—Editor.
| The Jeffersonian cyclopedia; | |