The Treaty Clause of the Constitution empowers the United States to enter treaties with non-sovereign nations,

according to the majority opinion in the Ninth Circuit case Wang v. Masaitis.  Dissenting, Judge Ferguson argues that the majority erred by issuing "a flawed and unnecessary constitutional ruling."  According to Judge Ferguson, the question of whether the President can enter treaties with non-sovereigns is one that is committed to the politically accountable branches of government.  As a result, the court should have dismissed the appeal as presenting a non-justiciable political question.

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