Made in the USA Foundation v. United States

56 F. Supp. 2d 1226 (1999)

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Made in the USA Foundation v. United States

United States District Court for the Northern District of Alabama
56 F. Supp. 2d 1226 (1999)

  • Written by Whitney Kamerzel , JD

Facts

The North American Free Trade Agreement (NAFTA) was negotiated by the president of the United States with representatives from Mexico and Canada to eliminate barriers to trade between the countries. The president negotiated NAFTA in accordance with the president’s powers to conduct foreign affairs. Congress, through its power to regulate foreign commerce, approved and implemented NAFTA by passing the Implementation Act. Made in the USA Foundation (plaintiff) brought suit claiming that NAFTA and the Implementation Act were unconstitutional because they were not passed pursuant to the Treaty Clause of the United States Constitution.

Rule of Law

Issue

Holding and Reasoning (Propst, J.)

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Casebooks

International Law

Key Terms

  • TreatyAn international agreement concluded between States in written form and governed by international law. It may be embodied in a single instrument or in two or more related instruments.
  • Treaty PowerThe United States President’s constitutional authority to make treaties with other States, pursuant to the advice and consent of the United States Senate. The President’s power to make treaties is found in Article II, Section 2 of the United States Constitution. The Article VI Supremacy Clause says that treaties made under the authority of the United States, along with the United States Constitution and the laws of the United States made in pursuance thereof, shall become the supreme law of the land.
  • Congressional-Executive AgreementsAgreements negotiated by the president that are preapproved or postapproved by Congress. In contrast to agreements made pursuant to the Treaty Clause of the United States Constitution, which require a supermajority vote of the Senate to be approved, congressional-executive agreements require only a simple majority vote of approval by Congress.

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