416

the same

category

law

of

and declares them to be the supreme

the land. It has not

given to either a paramount

the President, while they continue unrepealed; and

inasmuch

00

the

power of repeating these municipal

authority

Vito own

over the other. So

far

OLD

treaty operates by

force without legislation: it is to be regarded but

laws must reside somewhere, and no

body other than

Congress possesses it, then legislative power is

applicable

the Courts

ao

equivalent to a

legislative Act but nothing

further. If the subject to which it relates also falls

within those

upon

which Congress

can act its legislation

may modify the provisions of the treaty or supersede

them entirely than wonderfully. The immigration of foreigners

to such cases whenever they relate to subjects which

the Constitution has placed under that legislative power [II. Curtis Circuit Court Report's page 458]. An Act

of Congress then upon a subject within its legislative power

"

is as

binding upon the Courts as a

treaty

on the same

to the United States

and the conditions

upon

which they

shall be permitted to

remain all

subjects which may

subject. Both are

binding except as the latter conflicts or

be matters of treaty stipulation and also of Congressional

action. No treaty

that respect. As said by Mr. Justice Curtis

of Taylor

Can

abrogate the power of Congress

in

the case

v Morton "Inasmuch

OLO

treaties must continue

to operate

as part of

our

municipal law and be obeyed

by the people applicable by the judiciaries and executed by

the

interferes with the other. If the nation with whom we

have made the treaty objects to the action

of

the

legislative department, it may present its complaint to

the political department and take such other measures

-J

ao

it

may deem that

Justice

to its own

citizens

or

subjects requires. The Courts cannot heed such complaint

7102

refuse to give effect

give effect to the laws

of congress

however

much


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