Giuseppe Martinico

This issue of Perspectives on Federalism presents a special symposium devoted to the elections of the European Parliament. The EU has frequently been described as a burden, a threat to national sovereignty or a technocratic subject provided with an indirect legitimacy, but this representation does not give justice to its important role in everyday life. Indeed, the EU is also an added value, thanks to EU law we have enjoyed new rights which we can now claim before national judges. In t [...]

Robert A. Flatow

This Article addresses Congress’s prerogative to implement non-self-executing treaties. In construing Congress’s Necessary and Proper Clause authority in this area, most commentators have argued that it is either virtually plenary or virtually nugatory. I explore part of the vast middle ground. I assume as true Justice Scalia’s key argument in Bond v. United States, that implementing a treaty cannot be necessary and proper to making it, for it is completely made once the president ratifies it. Though this appears to eliminate congressional authority, I argue that Congress derives treaty- [...]
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