Sunday, June 23, 2013
The Cato Institute hosted a discussion last week featuring Nicholas Quinn Rosenkranz, Judge Alex Kozinski, and Roger Pilon on Bond v. United States, the case involving federal prosecution of a defendant for spreading harmful chemicals on the property of her best friend, after learning that the friend was pregnant by her husband. Our most recent post is here. (Prosecution is under the Chemical Weapons Convention Implementation Act, enacted to enforce the terms of the Chemical Weapons Convention, a valid U.S. treaty.)
Cato's discussion is titled Can a Treaty Increase the Power of Congress? That's also the way Cato framed the issue in its amicus brief. Bond, however, in seeking cert., asked somewhat more subtle questions: whether the Court whether structural limits in the Constitution restricted congressional authority to enact legislation, and whether the Chemical Weapons Convention Implementation Act might be interpreted so as to avoid this question. Catos' brief in the case is here; Rosenkranz's related HLR article is here.