treaty

A compact made between two or more independent nations with a view to the public welfare. Louis Wolf & Co. v. United States, Cust. & Pat.App., 107 F.2d 819, 827; United States v. Belmont, N.Y., 301 U.S. 324, 57 S.Ct. 758, 761, 81 L.Ed. 1134.

An agreement, league, or contract between two or more nations or sovereigns, formally signed by commissioners properly authorized, and solemnly ratified by the several sovereigns or the supreme power of each state. Edye v. Robertson, 112 U.S. 580, 5 S.Ct. 247, 28 L.Ed. 798; Charlton v. Kelly, 229 U.S. 447, 33 S.Ct. 945, 954, 57 L.Ed. 1274, 46 L.R.A.,N.S., 397.

A treaty is not only a law but also a contract between two nations and must, if possible, be so construed as to give full force and effect to all its parts. United States v. Reid, C.C.A.Or., 73 F.2d 153, 155.

The term has a far more restricted meaning under U.S. Constitution than under international law. Weinberger v. Rossi, Dist.Col., 456 U.S. 25, 102 S.Ct. 1510, 1514, 71 L.Ed.2d 715.

See also compact

United States treaties may be made by the President, by and with the advice and consent of the Senate. Art. II, Sec. 2, U.S. Const.

States may not enter into treaties (Art. I, Sec. 10, cl. 1), and, once made, shall be binding on the states as the supreme law of the land (Art. VI, cl. 2).

See supremacy clause

- treaty clause

@ treaty clause

The provision in the U.S. Constitution, Art. II, Sec. 2, which gives to the President the power "by and with the consent of the Senate, to make treaties, provided two thirds of the Senators present concur."

@ treaty of peace

An agreement or contract made by belligerent powers, in which they agree to lay down their arms, and by which they stipulate the conditions of peace and regulate the manner in which it is to be restored and supported

@ treaty power

See treaty clause

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