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The principle is rather simple. Such a treaty would be an ultra vires act, one that is beyond the authority of the office.

http://en.m.wikipedia.org/wiki/Ultra_vires" onclick="window.open(this.href);return false;

It would be void ab initio, from the outset.

The problem is that the Chief Justice of the Supreme Court must have received the low F in Constitutional Law if one is to judge him by his opinion on Obamacare and there are too many in Congress for whom their swearing in is a mere photo op rather than the undertaking of a solemn oath to support and defend the Constitution of the United States of America against all enemies foreign and domestic.