ABSTRACT

Constitutional Limits on States' Efforts to "Uphold" the Paris Agreement [June 27, 2017]   [open pdf - 133KB]

"Following President Trump's June 1 announcement that the United States will withdraw from the Paris Agreement-an international pact intended to address climate change over the coming century-some American cities and states have promised to pursue the Agreement's goals even after U.S. withdrawal. But with constitutional limits on the power of states to make legally binding treaties and compacts with foreign nations (discussed below), and numerous Supreme Court opinions stating that the federal government has superior power over the states in the field of foreign affairs, some commentators have raised the question: does the Constitution allow state and local governments to 'uphold' the Paris Agreement? This Sidebar addresses two potential limits on state and local action on this matter: Article I, Section 10 of the Constitution and foreign affairs preemption."

Report Number:
CRS Legal Sidebar, June 27, 2017
Publisher:
Date:
2017-06-27
Copyright:
Public Domain
Retrieved From:
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html
Format:
pdf
Media Type:
application/pdf
URL:
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