Missouri v. Holland
Encyclopedia
Missouri v. Holland, 252 U.S. 416
(1920), the United States Supreme Court
held that protection of its quasi-sovereign right to regulate the taking of game is a sufficient jurisdictional basis, apart from any pecuniary interest, for a bill by a State to enjoin enforcement of federal regulations over the subject alleged to be unconstitutional, and 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 implementing the Migratory Bird Treaty Act of 1918
. It is also notable for Justice Holmes' reference to the idea of a living constitution
.
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 premise that the United States Constitution
gave Congress no enumerated power to regulate migratory bird hunting, and hence the regulation of such hunting, if there was to be any, was the province of the states according to the Tenth Amendment.
Congress, disgruntled 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 http://www.law.harvard.edu/students/orgs/jol/vol39_2/barr.pdf, an obligation that it fulfilled in the Migratory Bird Treaty Act of 1918
. The state
of Missouri
then sued on the basis that the federal government had no authority to negotiate a treaty on this topic.
, the Supreme Court held that protection of its quasi-sovereign right to regulate the taking of game is a sufficient jurisdictional basis, apart from any pecuniary interest, for a bill by a State to enjoin enforcement of federal regulations over the subject alleged to be unconstitutional. Moreover, the Supreme Court held that the law at issue 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," a finding that trumps any state-level concerns with regard to the provisions of any treaty (though it does not trump other provisions of the constitution), and further implying that treaty provisions were not subject to questioning by the states under the process of judicial review
. In the course of his judgment, Holmes made this remark on the nature of the constitution:
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1920), the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that protection of its quasi-sovereign right to regulate the taking of game is a sufficient jurisdictional basis, apart from any pecuniary interest, for a bill by a State to enjoin enforcement of federal regulations over the subject alleged to be unconstitutional, and that the federal government's ability to make treaties
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
is supreme over any state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
concerns about such treaties having abrogated any states' rights
States' rights
States' rights in U.S. politics refers to political powers reserved for the U.S. state governments rather than the federal government. It is often considered a loaded term because of its use in opposition to federally mandated racial desegregation...
arising under the Tenth Amendment
Tenth Amendment to the United States Constitution
The Tenth Amendment to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791...
. The case revolved around the constitutionality of implementing the Migratory Bird Treaty Act of 1918
Migratory Bird Treaty Act of 1918
The Migratory Bird Treaty Act of 1918 , codified at , is a United States federal law, at first enacted in 1916 in order to implement the convention for the protection of migratory birds between the United States and Great Britain...
. It is also notable for Justice Holmes' reference to the idea of a living constitution
Living Constitution
The Living Constitution is a concept in America, also referred to as loose constructionism, constitutional interpretation which claims that the Constitution has a dynamic meaning or that it has the properties of a human in the sense that it changes...
.
Facts
Previously, CongressUnited States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
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
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
, on the premise that the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
gave Congress no enumerated power to regulate migratory bird hunting, and hence the regulation of such hunting, if there was to be any, was the province of the states according to the Tenth Amendment.
Congress, disgruntled with this ruling, then empowered the State Department
United States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
to negotiate with the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, which at the time still largely handled the foreign relations of Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, a treaty pertaining to this issue. The treaty was subsequently ratified
Ratification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
and came into force, and required the Federal Government to enact laws regulating the capturing, killing, or selling of the protected migratory birds http://www.law.harvard.edu/students/orgs/jol/vol39_2/barr.pdf, an obligation that it fulfilled in the Migratory Bird Treaty Act of 1918
Migratory Bird Treaty Act of 1918
The Migratory Bird Treaty Act of 1918 , codified at , is a United States federal law, at first enacted in 1916 in order to implement the convention for the protection of migratory birds between the United States and Great Britain...
. The state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
then sued on the basis that the federal government had no authority to negotiate a treaty on this topic.
Judgment
In an opinion by Justice Oliver Wendell Holmes, Jr.Oliver Wendell Holmes, Jr.
Oliver Wendell Holmes, Jr. was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932...
, the Supreme Court held that protection of its quasi-sovereign right to regulate the taking of game is a sufficient jurisdictional basis, apart from any pecuniary interest, for a bill by a State to enjoin enforcement of federal regulations over the subject alleged to be unconstitutional. Moreover, the Supreme Court held that the law at issue was in fact constitutional, noting that the treaties clause of the Constitution (Article VI, clause 2), sometimes known as the "supremacy clause
Supremacy Clause
Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, U.S. Treaties, and Federal Statutes as "the supreme law of the land." The text decrees these to be the highest form of law in the U.S...
," makes treaties the "supreme law of the land," a finding that trumps any state-level concerns with regard to the provisions of any treaty (though it does not trump other provisions of the constitution), and further implying that treaty provisions were not subject to questioning by the states under the process of judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
. In the course of his judgment, Holmes made this remark on the nature of the constitution:
"With regard to that we may add that when we are dealing with words that also are a constituent act, like the Constitution of the United States, we must realize that they have called into life a being the development of which could not have been foreseen completely by the most gifted of its begetters. It was enough for them to realize or to hope that they had created an organism; it has taken a century and has cost their successors much sweat and blood to preserve that they created a nation. The case before us must be considered in the light of our whole experience and not merely in that of what was said a hundred years ago. The treaty in question does not contravene any prohibitory words to be found in the Constitution. The only question is whether [252 U.S. 416, 434] it is forbidden by some invisible radiation from the general terms of the Tenth Amendment. We must consider what this country has become in deciding what that amendment has reserved."
See also
- List of United States Supreme Court cases, volume 252
- Reid v. CovertReid v. CovertReid v. Covert, , is a landmark case in which the United States Supreme Court ruled that the Constitution supersedes international treaties ratified by the United States Senate...
, a 1957 case which stated that no treaty can come in direct violation of the United States Constitution, a partial limitation of the ability of the United States to use treaties. - Medellin v. TexasMedellín v. TexasMedellín v. Texas, 552 U.S. 491 is a United States Supreme Court decision which held that while an international treaty may constitute an international commitment, it is not binding domestic law unless Congress has enacted statutes implementing it or unless the treaty itself is "self-executing";...
, US Supreme Court 2008. The Medellin case cast some doubt on how broadly Missouri v. Holland can be applied. Texas had ignored obligations of the United States under a convention, despite a relevant presidential order and a finding of the International Court of Justice. The individual defendant (who had been sentenced to death) was held by the courts, including the Supreme Court, not to have any personal rights to challenge his conviction because of this breach of the United States' international obligations.