Why did the US Supreme Court find that NAFTA was constitutional?
A. The Dames & Moore v Reagan (1981) precedent held that international commerce is regulated by the Executive.
B. The Goldwater v Carter (1979) precedent held that only treaties carry the weight of law.
C. The Constitution's treaty clause is silent on international commercial agreements.
D. In fact, it ruled that NAFTA was unconstitutional; however, no administration has enforced the decision.
Answer (1)
The US Supreme Court found NAFTA constitutional mainly by interpreting executive powers related to international commerce, based on precedents like Dames & Moore v. Reagan. The absence of specific constitutional restrictions on trade agreements allows the executive branch to negotiate and implement such agreements effectively. Therefore, the ruling supports the idea that NAFTA is valid under existing constitutional interpretations. ;
