The Death of Treaty Supremacy

This book provides the first detailed history of the Constitution's treaty supremacy rule. The traditional supremacy rule precluded state governments from violating U.S. treaty obligations. After a 1950 California court decision implied that the United States had effectively abrogated Jim Crow laws by ratifying the UN Charter, conservatives achieved a de facto constitutional change. This created a novel exception that permits state governments to violate some treaties. The death of treaty supremacy has significant implications for U.S. foreign policy and for U.S. compliance with its treaty obligations.