Brief Fact Summary. The claim which Foster (P) and Elam brought before the court was that a tract of land in Louisiana had been granted to them by the Spanish governor.
Synopsis of Rule of Law. A treaty cannot be considered law in a situation where the terms of the treaty requires a legislative act until such a time when the legislature ratifies and confirms the terms.
The judiciary is not that department of the government, to which the assertion of its interests against foreign powers is confided; and its duty commonly is, to decide upon individual rights, according to those principles which the political departments of the nation have established.
View Full Point of LawIssue. When the terms of a treaty requires a legislature act, can the treaty be considered law before such time as the legislature ratifies and confirms the terms?
Held. (Marshall, C.J). No. A treaty cannot be considered law in a situation where the terms of the treaty requires a legislative act until such a time when the legislature ratifies and confirms the terms. The treaty does not operate in itself to ratify or confirm title in land. The legislature must act before the terms of the contract are binding. Affirmed.
Discussion. Some international agreements are self-executing while others are not. The court must however take a stand as to whether an agreement is to be given effect without further legislature.