Chapter Five presents historical analysis to establish two key points that lay a foundation for the normative argument presented in Chapter Six. First, throughout the nineteenth century, federal courts applied a system of weak judicial review in which they enforced treaty-based rules to protect individual rights from government infringement. Therefore, the type of weak review system I am proposing in Chapter Six has deep historical roots in American public law. Second, due to a largely invisible constitutional transformation that occurred between 1945 and 1965, international human rights treaties are not currently available to U.S. courts as a source of judicially enforceable rights. However, under current constitutional understandings, Congress has the power to make human rights treaties judicially enforceable by enacting an appropriate statute to that effect.