Patriots need to be on their guard concerning treaties. Thomas Jefferson, undoubtedly based on his experience as vice president and president of the Senate, had clarified that treaties must be reasonably based on powers which the states have delegated to the feds expressly via the Constitution.
“In giving to the President and Senate a power to make treaties, the Constitution meant only to authorize them to carry into effect, by way of treaty, any powers they might constitutionally exercise.” —Thomas Jefferson: The Anas, 1793.
“Surely the President and Senate cannot do by treaty what the whole government is interdicted from doing in any way.” — Thomas Jefferson: Parliamentary Manual, 1812 .
A more important example concerning limits on treaty powers comes from the Supreme Court. In fact, the Court reflected on Jefferson’s words, clarifying that Congress cannot use it’s power to negotiate treaties as a backdoor way to expand its constitutionally-limited powers.
"2. Insofar as Art. 2(11) of the Uniform Code of Military Justice provides for the military trial of civilian dependents accompanying the armed forces in foreign countries, it cannot be sustained as legislation which is "necessary and proper" to carry out obligations of the United States under international agreements made with those countries, since no agreement with a foreign nation can confer on Congress or any other branch of the Government power which is free from the restraints of the Constitution [emphasis added] [emphasis added].” — Reid v. Covert, 1956.
Regarding who controls what with respect to navigable rivers like the Columbia River, here’s Supreme Court clarification that the lands underlying navigable waters within the states belong to the states.
"Besides, it was settled long ago by this court, upon a consideration of the relative rights and powers of the Federal and state governments under the Constitution, that lands underlying navigable waters within the several states belong to the respective states in virtue of their sovereignty, …” — Scott v. Lattig, 1913.
Insights, corrections welcome.
Insight: no previous Court can constrain any future Court.
This is an excellent discussion on federally owned lands...
http://www.c-span.org/video/?403404-1/discussion-federally-controlled-lands-western-states
The bottom line is that no state can be treated differently by the federal gov’t. Eastern states got control of their lands. It’s time for the Feds to release western lands back to the states. And I can’t see any Republican-held House or Senate going along with this, but if the Dems get control? All bets off.
And Trump has indicated he thinks the feds should continue to ‘protect’ western lands. That’s one issue he is extremely WRONG on & needs to be educated about.