1. Can Missouri and Reid be harmonized? Is it relevant that Reid
involves individual rights and Missouri involves states’ rights?
2. The Reid court could have avoided addressing the relationship
between constitutional provisions and treaties by holding that the U.S.
Constitution does not have extraterritorial application. In a separate opinion
in Reid, Justice Harlan wrote that:
Decision is easy if one adopts the constricting view that these constitutional guarantees as a
totality do or do not “apply” overseas. But, for me, the question is which guarantees of the
Constitution should apply in view of the particular circumstances, the practical necessities, and
the possible alternatives which Congress had before it. The question is one of judgment, not of
compulsion….
