 | Sol Bloom, United States. Constitution Sesquicentennial Commission - 1937 - 206 pages
...legislative provision. Where a treaty and an act of Congress are in conflict the latest in date must prevail. A treaty may supersede a prior act of Congress, and an act of Congress may supersede a prior treaty. "The guardianship of the Constitution," says Dicey, "is in America confined not only to the Supreme... | |
 | United States. Congress. Senate. Committee on Foreign Relations - 1937 - 68 pages
...clause was not intended to operate to give treaties precedence over acts of Congress, or vice versa ; a treaty may supersede a prior act of Congress, and an act of Congress may supersede a prior treaty ; and any law contained in a treaty may be repealed by Congress when it relates to subjects under the... | |
 | United States. Congress. Senate. Foreign Relations - 1937 - 66 pages
...was not intended to operate to give treaties precedence over acts of Congress, or vice versa ; • a treaty may supersede a prior act of Congress, and an act of Congress may supersede a prior treaty ; and any law contained in a treaty may be repealed by Congress when it relates to subjects under the... | |
 | United States Department of State - 1932 - 1022 pages
...settled by the Constitution. But the question is not involved in any doubt as to its proper solution. A treaty may supersede a prior act of Congress * *...and an act of Congress may supersede a prior treaty. (Two Hundred and Seven Half Pound Papers of Smoking Tobacco et al. t». United States, 78 US 621, 20... | |
 | United States. Congress. House. Committee on the Judiciary - 1944 - 158 pages
...imposes similar handicaps upon the negotiators of a full-fledged treaty. Sincerely, WY ELLIOTT. CASES "A Treaty may supersede a prior Act of Congress, and...an Act of Congress may supersede a prior Treaty." Cook v. united States (288 US 102, 77 L. ed. 641, 53 S. Ct. 305) ; Rainey v. United States (232 US... | |
 | United States. Congress. House. Committee on the Judiciary - 1944 - 166 pages
...negotiators of a full-fledged treaty. Sincerely, WY ELLIOTT. SELECTED CASES "A Treaty may supersede n prior Act of Congress, and an Act of Congress may supersede a prior Treaty." Cook v. United States (2S8 US 102. 77 L. ed. 641, 53 S. Ct. 30,T) ; Rtiiiieu v. United states t232... | |
 | H. Lauterpacht - 1986 - 688 pages
...settled by the Constitution. But the question is not involved in any doubt as to its proper solution. A treaty may supersede a prior act of Congress, and...an act of Congress may supersede a prior treaty.' That the rule applies to Indian treaties as well as others was clearly determined in the Cherokee Tobacco... | |
 | United States - 1945 - 712 pages
...settled by the Constitution. But the question is not involved in any doubt as to its proper solution. A treaty may supersede a prior act of Congress, and an act of Congress may supersede a prior treaty. " (The Cherokee Tobacco. 11 Wall. 616, 620-621, Dec. Term, 1870. See also: Thomas v. Gay. 169 US 264,... | |
 | United States. Constitution Sesquicentennial Commission - 1941 - 904 pages
...legislative provision. Where a treaty and an act of Congress are in conflict the later in date must prevail; a treaty may supersede a prior act of Congress, and an act of Congress may supersede a prior treaty. throughout the land." "The power, moreover, of the Courts which maintains the articles of the Constitution... | |
 | United States. Congress. Senate. Committee on Commerce - 1946 - 358 pages
...the distinction in name is not always observed. Here is another pertinent quotation from Bouvier's: A treaty may supersede a prior act of Congress, and an act of Congress may supersede a prior treaty. And again: When a treaty is inconsistent with a subsequent act of Congress, the latter will prevail;... | |
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A treaty may supersede a prior act of Congress, and an act of Congress may supersede a prior treaty. 
