Globalism and the constitution: Treaties, non-self-execution, and the original understanding

As the globalization of society and the economy accelerates, treaties will come to assume a significant role in the regulation of domestic affairs. Th is Article considers whether the Constitution, as originally understood, pe rmits treaties to directly regulate the conduct of private parties without legislative :implementation. It examines the relationship between the treat y power and the legislative power during the colonial, revolutionary, Frami ng, and early national periods to reconstruct the Framers' understandings. A concludes that the Framers believed that treaties could not exercise dome stic, legislative power without the consent of Congress, because of the Con stitution's creation of a national legislature that could independently exe cute treaty obligations. The Framers also anticipated that Congress's contr ol over treaty implementation through legislation would constitute an impor tant check on the executive branch's power in foreign affairs.