saying was a limit on what the treaty power can be a source for is some determination note less barbara terry van lines others are asking us to draw between what is appropriate under treaty power and what is not and a fairly precise answer whether there are or are not limitations on what congress can do with respect to the police power. of the authority is asserted hundred treaty is there a power to intrude upon the police power unlimited? >> if the treaty -- the way i would answer that is if the treaty is valid -- >> the treaty is valid then implementing legislation that doesn't go beyond the treaty is valid if it addresses the subject that would otherwise be within the police power of the states. that was the judgment framers made and that is this case and because the treaty is valid petition is conceded the treaty is valid and this implement the treaty word for word implementation of the obligations of -- >> you would rather have the court determine if we are concerned about intrusion on police power whether treaties are valid or not, determine whether particular implementing legislation is va