Nicholas Quinn Rosenkranz (Georgetown University Law Center) has posted Bond v. United States: Concurring in the Judgment (Cato Supreme Court Review, pp. 285-306, 2014) on SSRN. Here is the abstract:
Bond v. United States presented the deep constitutional question of whether a treaty can increase the legislative power of Congress. Unfortunately, a majority of the Court managed to sidestep the constitutional issue by dodgy statutory interpretation. But the other three Justices — Scalia, Thomas, and Alito — all wrote important concurrences in the judgment, grappling with the constitutional issues presented. In particular, Justice Scalia’s opinion (joined by Justice Thomas), is a masterpiece, eloquently demonstrating that Missouri v. Holland is wrong and should be overruled: a treaty cannot increase the legislative power of Congress.
Posted at 6:44 AM