Constitutional Opinion No. 2026-0785
Case Information
- Content Scored
- Foster v. Neilson, 27 U.S. (2 Pet.) 253 (1829)
- Source
- Supreme Court of the United States, U.S. Reports Vol. 27 (2 Peters)
- Author
- Chief Justice John Marshall (opinion of the Court)
- Publication Date
- 1829-02-01
- Content Type
- Judicial Opinion / Legal-Normative Text
- Opinion Issued
- 2026-07-20
- AFCS Version
- 1.0
Holding
The question of which nation held sovereignty over disputed territory under competing treaties is a political question the courts must resolve by conforming to the position of the political branches. While a treaty is the law of the land, it operates in court as law only when self-executing; when its terms import a contract requiring a party to perform an act, the legislature must execute the contract before it becomes a rule for the court, so a treaty article promising to confirm Spanish land grants could not by itself validate a grant in court.
It is the judgment of this Court that Opinion No. 2026-0785 is hereby entered into the record, in accordance with the America First Constitutional Standard. The score stands. The reasoning is published. The record is public.