Therefore, while homestead is not self-executing
, courts do not go too far when they presume a debtor, who owns a home, resides there, and intends to remain there, benefits from constitutional homestead.
treaties can be directly enforced by American courts; non-self-executing treaties require implementing legislation before a court can act.
Erhardt admitted that IOSCO is constrained by national mandates in each country and by the fact that it is, in and of itself, not self-executing
. But she sees merit even in getting together to discuss international reporting issues, and believes the principles that IOSCO develops "sort of work their way into the fabric over time."
Professor Carlos Vazquez takes up these challenges to the two propositions for which Holland stands: first, that "the treaty-makers have the constitutional power to make treaties on matters falling outside Congress' enumerated powers," and second, that "if the treaty-makers make such a treaty and the treaty is not self-executing
, the Necessary and Proper Clause gives Congress the power to implement such a treaty through a statute even if, in the absence of the treaty, the statute would be beyond Congress's legislative power." (30) The second proposition (to which, as Vazquez notes, the Court devoted only one sentence), in which federalism meets the doctrine of non-self-execution of treaties, has proved to be the more controversial among commentators.
the First District Court held that amendment was self-executing
and applied retroactively.
Rather, this depends upon whether the treaty is self-executing
or non-self executing.
(21) Even if these provisions are weak due to the lack of injunctive relief to stop infringement without the inspection visit, Article 228 of the Industrial Property Act makes the TRIPs Agreement enforcement provisions self-executing
and the infringement can be stopped without these inspections by directly invoking the TRIPs Agreement provisions.
Paragraph 2 of Article 36 states that "The rights referred to in paragraph 1 of this Article shall be exercised in conformity with the laws and regulations of the receiving [Nation]." (68) It has long been held that the Vienna Convention and other bilateral consular agreements are self-executing
and do not require any additional federal or state legislation to be implemented.
By downloading a small, self-executing
program, end-users can receive true hands-on assistance.
Yet, it is not at all clear that the self-executing
and non-self-executing dichotomy was intended to apply to international agreements dealing with subjects like human rights.
Constitution is not self-executing
. It depends on the
These two concepts, however, can be integrated into a "balanced budget veto" (BBV), whereby the line item veto would become a self-executing
means for enforcing budget balance in a manner that promotes spending restraint.