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Cato Podcast

SCOTUS Unanimous, Divided on Treaty Powers

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 2 June 2014

⏱️ 9 minutes

🧾️ Download transcript

Summary

The High Court’s majority abdicated its duty to check the other branches of government.

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Transcript

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0:00.0

This is the Cato Daily Podcast for Monday, June 2nd, 2014.

0:05.0

I'm Caleb Brown.

0:07.0

Once again, the Supreme Court has weighed in on the case of a woman who attempted to harm a romantic rival with chemicals.

0:13.2

And apart from if she violated the chemical weapons treaty

0:16.1

is the question over Congress, potentially

0:18.3

expanding its own powers through treaties.

0:21.6

Ilia Shapiro, editor of Cato's Supreme Court review, evaluates today's opinion.

0:26.0

So we've been waiting for this case for a long time.

0:30.0

Indeed, it's the second time it's up at the Supreme Court and Cato has filed four briefs at varying stages of the game.

0:37.0

This is the treaty power case where if you'll recall,

0:41.0

Carol Ann Bond was upset that her former best friend had had an affair with her

0:46.2

husband and like most people in this situation I suppose got some chemicals part at, part that she ordered on Amazon, and sprinkled them

0:56.0

various places hoping to just teach her friend a lesson, not kill her or anything, but

1:00.5

ultimately she caused one minor chemical burn on her thumb. anything,

1:03.3

chemical burn on her thumb that was quickly washed off.

1:07.1

And then, rather than being prosecuted for assault or attempted murder,

1:12.4

harass anything under state law, the federal prosecutors

1:16.0

went after Mrs Bond for violating the federal legislation that implements the International

1:22.0

Chemical Weapons Convention. that

1:23.8

implements the International Chemical Weapons Convention.

1:28.7

Previously, the Supreme Court said unanimously that of course she has standing to raise a federalism or 10th Amendment claim saying that the federal government doesn't have the power

1:35.1

to prosecute her for this and now up again on the merits of the case

...

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