Made in the U.S.A. Foundation v. United States
United States Court of Appeals for the Eleventh Circuit
242 F.3d 1300 (11th Cir. 2001)
After NAFTA took effect in 1994 as a congressional-executive agreement, various labor and nongovernmental organizations, including Made in the U.S.A. Foundation (plaintiff), sued the United States (defendant), arguing NAFTA's implementation violated Article II's requirement that treaties be ratified by two-thirds of the Senate rather than through the ordinary congressional-executive agreement process; the district court granted the government summary judgment, and the plaintiffs appealed.
Whether the question of whether a particular international commercial agreement must be ratified in accordance with Article II of the United States Constitution is a nonjusticiable political question.