Constitutional Law Keyed to Cohen
Missouri v. Holland
Facts
In 1916, the US and Great Britain signed a treaty protecting migratory birds that were important as a source of food and in controlling harmful insects. The birds traveled through Canada and parts of the US but were in danger of extermination. The Migratory Bird Act was passed to carry out the terms of the treaty. Missouri objected because an earlier act of Congress that attempted, by itself and not in pursuance of a treaty, to regulate killing migratory birds within the states was held unconstitutional in district court. Missouri argued that because Congress had no power to pass this law without the treaty, they should gain power because they are enforcing a treaty.
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