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One of the biggest new threats to the authority of the states—and, consequently, the rights of the people—is the use of treaties to control the domestic policy of the United States.

When the Constitution is functioning properly, the states have exclusive jurisdiction over nearly all domestic issues. But the states transfer this jurisdiction to Congress when they enter into a treaty that controls a domestic issue. If we adopt a treaty on education, for example, all educational authority is transferred from the states to Congress.

We should keep in mind, however, that Congress would not even have complete legislative discretion. Its discretion would be limited to deciding how we comply with the standards of international law. Congress would not be free to decide whether international law would be controlling.

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