The Original Meaning of Treaties - Penn Law Review

The Original Meaning of Treaties - Penn Law Review

For nearly two centuries, all three branches of the federal government have thought that the original meaning of the Constitution’s references to treaties and compacts was lost. This Article aims to recover those original meanings by looking to an under-examined source—the contemporary law of nations. In 1787, that body of law regarded compacts, rather than treaties, as the umbrella category for all international agreements. Treaties—defined as …