1. Missouri v. Holland, (1920)
2. Facts: There were migratory birds in the northern United States that transited between the U.S. and Canada. These birds had a beneficial effect on the ecosystem by controlling the insect population, as well as being a food supply. However, the birds were being over-hunted. The U.S. and Great Britain entered into a treaty to protect the birds by delineating hunting seasons. Pursuant to the treaty, the Migratory Bird Treaty Act of 1918 was passed by Congress to give effect to the U.S. side of the treaty.
3. Procedural Posture: The state of Missouri brought this action to prevent an U.S. game warden from enforcing the Act on the grounds that it violated the 10th amendment, arguing that Congress did not have to power to pass the Act without the treaty, and thus should not be able to pass the Act under the treaty because if the Act, standing alone, is in violation of the 10th amendment, then the treaty is as well.
4. Issue: Whether Congress may properly pass an Act that regulates hunting seasons for migratory birds if that Act regulates in traditionally state-controlled areas.
5. Holding: Yes.
6. Majority Reasoning: Article II, § 2 expressly delegates the power of Congress to make treaties. Furthermore, Article IV declares that treaties made under the authority of the United States are the “supreme law of the land.” If the treaty is valid, then it is clearly a necessary and proper action to carry out the treaty-making power in this case. The treaty-making power derives from the authority of the United States, as an “organism” itself. It does not matter that Congress might not have the power to pass the Act not in pursuance of a treaty, because Congress does have the power to make treaties, and the Act is a necessary and proper means to give effect to the treaty. Since the birds are important, and they transit back and forth between the countries, the United States has the power to make a treaty concerning their protection and the treaty is valid. Since the treaty is valid, the Act is valid as being necessary and proper to give effect to a valid treaty.
7. Notes: In the 1950’s fear that any Constitutional limitation on Congress’ power could be overriden by the broad effect given by Holmes to the treaty power in Holland led to a proposed constitutional amendment called the “Bricker Amendment” which stated that “A provision of a treaty which conflicts with this Constitution shall not be of any force or effect,” and “A treaty shall become effective as internal law in the United States only through legislation which would be valid in the absence of a treaty.” However, in Reid v. Covert, these fears were put to rest by Justice Black when he stated that no agreement can “confer power on the Congress...which is free from the restraints of the Constitution.” and that Holland should be read as standing for the proposition that the 10th amendment is no barrier to the United States’ power to make treaties because the states had delegated their rights as to treaties to the federal government. Although there is no explicit power in the Constitution for the Congress, independent of the treaty power, to pass laws concerning foreign affairs, it is generally regarded as implied by the fact that the United States’ power to interact with other countries must lay in some body, and it rests most appropriately in Congress who has the power to make all other federal laws.
