holmes dell with this in missouri vs. hollinger. the treaty powers and enumerated powers, necessary and proper course that functions to allow congress to give perfect to the treaty power. this is the situation with the prohibition on the state in terms of entering into treaties. these invisible radiations you think come from the structure of the constitution rejected this argument, the same argument you are making, the emanations of the constitution. >> i think you have to read in the context of the treaty and the argument, missouri made a strange argument that no modern litigant would make. an argument they went out of their way to identify conflict between the federal treaty and state law and said we win and the premise claus and holmes had and said no. the treaty under article vi invokes state law, not the other way around but you also said the one sentence that lower courts will here, if the treaty is valid the legislation is valid. that makes sense in the context of the treaty because the treaty directly prohibited individual c