However, the circuit court found the 1920 Supreme Court precedent Missouri v. Holland made the legislation indisputably valid since the treaty is valid. The painting reflects the devastation that Sargent witnessed in the aftermath of the Second Battle of Arras during World War I. stipulations not to fortify certain places, etc.). [14], Thomas closed by acknowledging that his distinction " may not be obvious in all cases" but noted that although the parties to the case did not argue that chemical weapons bans are unconstitutional, he was sure that he would be able to apply his limits to the treaty power "soon enough.". Argued February 22, 2011Decided June 16, 2011. In arriving at its fair reading of the statute, the Court considered the dramatic extent to which the Governments broader interpretation would have expanded the federal statutes domain. Id., at 857. The Governments reading of section 229 would transform a statute concerned with acts of war, assassination, and terrorism into a massive federal anti-poisoning regime that reaches the simplest of assaults. That battle and others like it led to an overwhelming consensus in the international commu-nity that toxic chemicals should never again be used as weapons against human beings. Georgia, 370 U.S. 375 (1962); Yates v. United States, 354 U.S. 298 . See, e.g., 3 Debates on the Federal Constitution 509 (J. Elliot 2d ed. Similarly, in Jones v. United States, 529 U.S. 848, 850 (2000), we confronted the question whether the federal arson statute, which prohibited burning any . 1, 195 (1824). .). Part of a fair reading of statutory text is recognizing that Congress legislates against the backdrop of certain unexpressed presumptions. IIII, Nov. 14, 1788, 8 Stat. The United States Congressevery where extending the sphere of its activity, and drawing all power into its impetuous vortex1has made a federal case out of it. If it does not give a person of ordi-nary intelligence fair notice of its scope, United Statesv. Yet that is what the Court will now require of all future handlers of harmful toxinsthat is to say, all of us. Summary of this case from State Farm Mutual Automobile Insurance Company v. U.S. Case details for. See The Federalist No. . A treaty-based power of that magnitudeno less than a plenary power of legislationwould threaten the liberties that derive from the diffusion of sovereign power. Bond v. United States, 564 U.S. ___, ___ (2011) (slip op., at 9). PDF BOND v. UNITED STATES certioraritotheunitedstatescourtofappealsfor When Bond discovered that her husband was the childs father, she sought revenge against Haynes. This case presents the question whether a person indicted for violating a federal statute has standing to challenge its validity on grounds that, by enacting it, Congress exceeded its powers under the Constitution, thus intruding upon the sovereignty and authority of the States. The Articles provided: The United States in Congress assembled, shall have the sole and exclusive right and power of . See, e.g., Treaty of Amity and Commerce, U. In Heavyweight Slugfest, Novak Djokovic Edges Carlos Alcaraz for The term includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere. 229F(8)(A). In 2010, the Supreme Court decided. In the Governments view, the conclusion that Bond knowingly use[d] a chemical weapon in violation of section 229(a) is simple: The chemicals that Bond placed on Hayness home and car are toxic chemical[s] as defined by the statute, and Bonds attempt to assault Haynes was not a peaceful purpose. 229F(1), (8), (7). from undertaking any activity prohibited to a State Party under this Convention, including enacting penal legislation with respect to such activity. Art. . 404 U.S., at 337339. . It instead provides that [e]ach State Party shall, in accordance with its constitutional processes, adopt the necessary measures to implement its obligations under this Convention. Art. 3, 1783, 8 Stat. [Congress] should undertake to abrogate a land tax imposed by the authority of a State, would it not be equally evident that this was an invasion of that concurrent jurisdiction in respect to this species of tax which its constitution plainly supposes to exist in the State governments? No. Argument preview: New look at old precedent - SCOTUSblog So close to true! Pp. The nearly life-sized work depicts two lines of soldiers, blinded by mustard gas, clinging single file to orderlies guiding them to an improvised aid station. . Art. The Government objects that Pennsylvania authorities charged Bond with only a minor offense based on her harassing telephone calls and letters, Bond I, 564 U.S., at ___ (slip op., at 2), and declined to prosecute her for assault. In this case, the ambiguity derives from the improbably broad reach of the key statutory definition given the termchemical weaponbeing defined; the deeply serious consequences of adopting such a boundless reading; and the lack of any apparent need to do so in light of the context from which the statute arosea treaty about chemical warfare and terrorism. See, e.g., Gamiz, Family Survives Poisoned Burritos, Allentown, Pa., Morning Call, May 18, 2013 (defendant charged with assault, reckless endangerment, and harassment for feeding burritos poisoned with prescription medication to her husband and daughter); Cops: Man Was Poisoned Over 3 Years, Harrisburg, Pa., Patriot News, Aug. 12, 2012, p. A11 (defendant charged with assault and reckless endangerment for poisoning a man with eye drops over three years so that he would pay more attention to her). PDF Bond v. United States: Validity and Construction of the Federal Chemical weapon is the key term that defines the statutes reach, and it is defined extremely broadly. Section 229 exists to implement the Convention, so we begin with that international agreement. It can exercise authority over no subjects, except those which have been delegated to it. See ibid. If peaceful meant nonwarlike, the statutes exception for any individual self-defense device, including . Id., at 6. The same skillful use of oh-so-close-to-relevant cases characterizes the Courts proforma attempt to find ambiguity in the text itself, specifically, in the term [c]hemical weapon. The ordinary meaning of weapon, the Court says, is an instrument of combat, and no speaker in natural parlance would describe Bonds feud-driven act of spreading irritating chemicals on Hayness door knob and mailbox as combat. Ante, at 1516. The House was in recess, but the Rules Committee held a hearing in which Bond declined to recant his earlier statements. shall commit a robbery or murder, or other capital crime, on any Indian, such offender or offenders shall be punished in the same manner as if [the crime] had been committed on a citizen of the United States . United States v. Lopez, 514 U.S. 549, 584 (1995) (Thomas, J., concurring) ([W]e always have rejected readings of . See 18 Pa. Cons. The court acknowledged that the Governments reading of section 229 would render the statute striking in its breadth and turn every kitchen cupboard and cleaning cabinet in America into a potential chemical weapons cache. Id., at 154, n.7. The power to carry into Execution the Power . But that general definition does not constitute a clear statement that Congress meant the statute to reach local criminal conduct. . Morrison v. National Australia Bank Ltd., 561 U.S. 247, 255 (2010). The woman suffered a minor burn after Bond put caustic substances on objects the woman was . . To be sure, some early dictionaries briefly defined treaty simply as a compact of accommodation relating to public affairs. See, e.g., 2 S. Johnson, A Dictionary of the English Language 2056 (rev. IV, Nov. 28,1785, 7 Stat. . . Bond v. United States Provided by Justia Syllabus Opinion of The Court Opinion (Roberts) Facts of the Case Provided by Oyez Carol Anne Bond worked for the chemical manufacturer Rohm and Haas. 2701 (2012) (simple assault), 2705 (reckless endangerment), 2709 (harassment).3 And state authorities regularly enforce these laws in poisoning cases. Story, Commentaries on the Constitution of the United States 552553 (abr. For example, we presume that a criminal statute derived from the common law carries with it the requirement of a culpable mental stateeven if no such limitation appears in the textunless it is clear that the Legislature intended to impose strict liability. Section 229 implements the Convention, but Bonds crime could hardly be more unlike the uses of mustard gas on the Western Front or nerve agents in the Iran-Iraq war that form the core concerns of that treaty. We rejected that reading, which would render[] traditionally local criminal conduct a matter for federal enforcement and would also involve a substantial extension of federal police resources. Id., at 350. 104 (fishery rights in disputed waters); Treaty of Amity and Commerce, U.S.-Prussia, Arts. And to make such a treaty, the President and Senate would need to agree only that they desire power over the law of intestacy. In Bond v. United States, No. To the contrary, centuries of experiencereflected in treatises, dictionaries, and actual practiceshaped the contours of that power. The touchstone of all of these views was that the Treaty Power is limited to matters of international intercourse. Defendant spread two toxic chemicals on the car, mailbox, and doorknob of a woman with whom her husband had had an affair in an effort to cause the woman to develop a rash. United States August 31, 2012 Legal Briefs By Nicholas Quinn Rosenkranz, Ilya Shapiro, and Trevor Burrus Learn more about Cato's Amicus Briefs Program. 135, 167 (2000). . of Oral Arg. The following state regulations pages link to this page. Because the treaty at issue focused on creatures in international transitit was limited to regulations for the protection of birds which regularly migrate between the United States and Canadathe Solicitor General concluded that the treaty concerned a proper subject of negotiations. Ibid. The treaty pursuant to which 229 was enacted, the Chemical Weapons Convention, is not self-executing, and thus the Convention itself does not have domestic effect without congressional action. On one occasion Haynes suffered a minor chemical burn that she treated by rinsing with water, but Bonds attempted assaults were otherwise entirely unsuccessful. 539, 619 (1842) ([T]he power is nowhere in positive terms conferred upon Congress to make laws to carry the stipulations of treaties into effect. To implement the international Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction, Congress enacted the Chemical Weapons Convention Implementation Act of 1998. In 2006, Bonds closest friend, Myrlinda Haynes, announced that she was pregnant. Both chemicals are toxic to humans and, in high enough doses, potentially lethal. Of course Bonds conduct is serious and unacceptableand against the laws of Pennsylvania. Though the Court relied in part on a federalism-inspired interpretive presumption, it did so only after it had found, in Part I of the opinion, applying traditional interpretive tools, that the text in question was ambiguous, id., at 339347.

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