Also known as: treaties · international agreement · convention
Written by attorneys · grounded in primary & secondary sources — see below
An international agreement concluded between two or more sovereign states in written form and governed by international law. Under the Constitution the President makes such agreements with the advice and consent of the Senate, and the resulting instrument becomes supreme law of the land that federal courts may enforce and that preempts conflicting state law.
President Rivera negotiates a bilateral trade agreement with Canada that lowers tariffs on agricultural goods. After the Senate gives its advice and consent by a two-thirds vote, the agreement enters into force and binds state regulators who attempt to impose conflicting inspection fees. Threshold Capital, an importer, relies on the treaty's tariff schedule in its contracts.
Talia Torres is convicted in state court after evidence obtained in violation of a consular-notification treaty is admitted. She petitions for relief under a presidential memorandum directing state courts to reopen such cases. The court denies relief because Congress has not enacted implementing legislation.
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Tundra Resources sues a foreign supplier in federal district court alleging breach of a treaty-based procurement clause that sets quality standards for imported minerals. The complaint pleads no state-law claim. The court exercises original jurisdiction because the action arises under a treaty of the United States.
True North Logistics takes a purchase-money security interest in consumer drones imported under a bilateral aviation treaty. The treaty prescribes its own perfection rules that preempt ordinary Article 9 filing. The lender perfects solely by complying with the treaty and obtains priority over a later lien creditor.
Tessa Takahashi, a dual citizen, sues a foreign government in federal court for breach of a treaty that guarantees certain property rights. The complaint invokes Article III jurisdiction over cases arising under treaties made under the authority of the United States. The court accepts the case as within its constitutional grant.
Topaz Mining relies on an executive agreement with a foreign nation that authorizes warrantless searches of its overseas facilities. When prosecuted, the company argues the agreement overrides the Fourth Amendment. The court holds the agreement invalid because treaties and executive agreements cannot authorize violations of constitutional protections.
The President negotiates and signs the agreement, after which the Senate must give its advice and consent by a two-thirds vote of members present. Once ratified and proclaimed, the treaty becomes supreme law of the land under Article VI and binds state and federal judges.
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A treaty creates an enforceable private right only if it is self-executing or if Congress has passed implementing legislation. Non-self-executing treaties require additional domestic action before they supply a rule of decision in court.
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Yes. District courts have original jurisdiction under 28 U.S.C. § 1331 over civil actions arising under treaties of the United States, and Article III expressly extends the judicial power to such cases.
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No. Treaties and executive agreements remain subordinate to the Constitution and cannot authorize government action that violates specific constitutional protections such as the Fifth Amendment.
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A treaty of the United States whose requirements for obtaining priority over lien creditors preempt the ordinary filing rules of Article 9. A security interest perfected by compliance with the treaty remains perfected even if the collateral changes use or location.
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…of September 24, 1789, c. 20, 28 U.S.C. § 725, which provides: "The laws of the several States, except where the Constitution, treaties, or statutes of the United States otherwise require or provide, shall be regarded as rules of decision in trials at common law, in the courts of the United States, in cases where they…