Is the government of the United States of America bound to treaty obligations?
Yes, the government of the United States of America is indeed bound to treaties. Here’s a detailed explanation:
1. Treaties as Supreme Law of the Land
Under the Supremacy Clause of the U.S. Constitution (Article VI, Section 2), all treaties made under the authority of the United States 'shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, anything in the Constitution or Laws of any State to the Contrary notwithstanding'. This means that once ratified, a treaty theoretically overrides any conflicting state laws or even state constitutional provisions. The adoption of a treaty, whose stipulations are inconsistent with a state law, is considered 'equivalent to the repeal of such law'. According to Emmerich de Vattel, treaties are essential to the conduct of a sovereign state in the international arena.
2. Obligation to Observe Treaties (Pacta Sunt Servanda)
International law dictates that 'Every treaty in force is binding upon the parties to it and must be performed by them in good faith'. This principle, known as pacta sunt servanda, means that a treaty engagement is not merely a moral obligation but creates a legally binding obligation on the parties. A sovereign state that has contracted a valid international obligation must make necessary modifications to its legislation to ensure the fulfillment of those obligations, emphasizing the importance of natural law. A party 'may not invoke the provisions of its internal law as justification for its failure to perform a treaty'.
3. Treaty-Making Authority and Process
The President has the power to make treaties 'by and with the advice and consent of the Senate, provided two thirds of the senators present concur'. This power of negotiating and contracting public treaties between nations is an inherent aspect of sovereignty. The United States, as a sovereign state, holds this power. The consent of a state to be bound by a treaty is expressed through ratification, approval, or acceptance; merely signing a treaty is generally insufficient to bind the state.
4. Judicial Enforcement and Interpretation
U.S. courts, both state and federal, are obligated to notice and enforce all treaties of the United States. They must familiarize themselves with the treaty's provisions, including the historical context needed for their interpretation. When a treaty affects the rights of parties litigating in court, that treaty binds those rights and is regarded as equivalent to an act of Congress. Whenever a right grows out of, or is protected by, a treaty, 'it prevails against all laws, or decisions of the courts of the States, and whoever may have the right under the treaty is protected'.
5. Limitations and Specific Considerations
Congressional Power: An Indian tribe's ability to make a treaty with the United States does not exempt it from the legislative power of Congress. Congress can extend its legislative control over tribes, even if treaties guarantee political independence. Such breaches of faith are matters for legislators' conscience rather than judicial cognizance.
Governmental Immunity: While governments are generally immune from suits, the United States consents to be sued under certain circumstances. The 'Clearfield Doctrine' asserts that governments 'descend to the level of a mere private corporation' when dealing with 'private corporate commercial paper' (like Federal Reserve Notes) and lose their sovereign immunity for those purposes. In these instances, they are treated as separate from the government.
Territorial Acquisition: The power of the United States to acquire territory by treaty and legislation is affirmed. Such annexed territory may be incorporated into the U.S. or held as a dependency, depending on the political decisions of the pertinent departments.
Unconstitutional Treaties: While there are no express limitations on the U.S. treaty power beyond general constitutional prohibitions (e.g., against taxing exports or taking property without compensation), it does not extend to authorizing what the Constitution forbids, changing the character of the government or a state, or ceding state territory without consent. A treaty that conflicts with a peremptory norm of general international law (jus cogens) is void.
In summary, the United States government is indeed bound by treaty obligations, which hold a supreme legal status within its domestic legal system and create binding commitments under international law, while being subject to specific constitutional limitations and international legal principles.
