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Made in the USA Foundation v. United States

Citations: 242 F.3d 1300; 166 L.R.R.M. (BNA) 2595; 2001 U.S. App. LEXIS 2800; 2001 WL 194857Docket: 99-13138

Court: Court of Appeals for the Eleventh Circuit; February 27, 2001; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case centers on an appeal regarding the constitutionality of the North American Free Trade Agreement (NAFTA), specifically whether it should have been ratified as a treaty by a two-thirds Senate majority under Article II, Section 2 of the U.S. Constitution. The plaintiffs, comprising labor organizations and a nonprofit, argue that NAFTA's enactment without this process renders it unconstitutional. They cite historical evidence suggesting the Framers intended significant international agreements to undergo Senate ratification to protect minority interests. The government counters that NAFTA is a congressional-executive agreement, not a treaty, and asserts that the issue is a political question beyond judicial review. The district court found standing for most plaintiffs but granted summary judgment for the government, upholding NAFTA's passage by simple majorities in Congress as constitutionally valid. The appeals court affirmed the district court's standing determination but dismissed the appeal as a nonjusticiable political question, thereby refraining from addressing the treaty classification issue. The matter was remanded with instructions to vacate the district court's decision. This case highlights the judicial limits in adjudicating foreign policy decisions and the recognized authority of congressional-executive agreements in U.S. law, reflecting the complex interplay between constitutional procedures and practical governance in international commerce.

Legal Issues Addressed

Article II, Section 2 Treaty Ratification Requirement

Application: The appellants contend that NAFTA should have been ratified by a two-thirds Senate supermajority as a treaty under Article II, Section 2 of the U.S. Constitution. The court, however, finds the issue to be a nonjusticiable political question.

Reasoning: The plaintiffs, including labor organizations and a nonprofit promoting American-made goods, argue that NAFTA should be declared void because it was not ratified by a two-thirds supermajority of the Senate, as required for treaties under Article II, Section 2 of the U.S. Constitution.

Congressional-Executive Agreements

Application: The court noted that congressional-executive agreements, such as NAFTA, are recognized and do not necessarily require Senate ratification under the Treaty Clause. Such agreements are routinely applied, particularly for trade agreements.

Reasoning: The constitutionality of congressional-executive agreements has been recognized and is routinely applied, particularly for trade agreements.

Political Question Doctrine

Application: The court ruled that the determination of whether NAFTA constitutes a treaty requiring Senate ratification is a nonjusticiable political question, falling outside the jurisdiction of the judiciary.

Reasoning: The appeals court affirmed the district court's finding of standing but refrained from addressing the merits of whether NAFTA constitutes a treaty. It ruled that the determination of what constitutes a treaty requiring Senate ratification is a nonjusticiable political question.

Standing under Article III

Application: The court affirmed that the plaintiffs met Article III standing requirements, discussing the concrete and imminent nature of the alleged injuries and the potential for redressability through judicial relief.

Reasoning: The district court granted summary judgment in favor of the government, concluding that the plaintiffs met Article III standing requirements, except for some individuals whose standing was rejected.