Comments on: Treaties and the US Constitution http://www.libertynews.org/2006/08/13/treaties-and-the-us-constitution/ News and Commentary on the struggle for Liberty Fri, 09 Jan 2009 21:19:48 +0000 http://wordpress.org/?v=2.7 hourly 1 By: David http://www.libertynews.org/2006/08/13/treaties-and-the-us-constitution/comment-page-1/#comment-440 David Tue, 12 Sep 2006 06:40:01 +0000 http://www.libertynews.org/2006/08/13/treaties-and-the-us-constitution/#comment-440 Excellent analysis, but fortunately you're working from a flawed premise. The phrase "any Thing in the Constitution or Laws of any State to the Contrary notwithstanding" is a favorite toy of sadistic Constitutional Law professors, who use it to zing first-year law students. A lot of folks get tripped up by this one, because they forget that States have Constitutions of their own. The way it was parsed both by the Founders and, thankfully, by our Supreme Court, is that "Constitution" in this clause refers NOT to the Constitution of the United States but to the Constitutions of the several States. Thus, if you were to spell it all out, it would read as "the Constitution [of any State to the Contrary] or Laws of any State to the Contrary notwithstanding." I'm sure I'm not the only Constitutional geek whose discovery of this clause led to Robert Moses-ey fantasies of suckering Congress into granting dictatorial powers to a President -- just hide 'em in a treaty! Long story short -- Nope, can't happen. The only way to amend the Constitution is by the good old Amendment process, not by treaty. Excellent analysis, but fortunately you’re working from a flawed premise. The phrase “any Thing in the Constitution or Laws of any State to the Contrary notwithstanding” is a favorite toy of sadistic Constitutional Law professors, who use it to zing first-year law students. A lot of folks get tripped up by this one, because they forget that States have Constitutions of their own. The way it was parsed both by the Founders and, thankfully, by our Supreme Court, is that “Constitution” in this clause refers NOT to the Constitution of the United States but to the Constitutions of the several States. Thus, if you were to spell it all out, it would read as “the Constitution [of any State to the Contrary] or Laws of any State to the Contrary notwithstanding.”

I’m sure I’m not the only Constitutional geek whose discovery of this clause led to Robert Moses-ey fantasies of suckering Congress into granting dictatorial powers to a President — just hide ‘em in a treaty! Long story short — Nope, can’t happen. The only way to amend the Constitution is by the good old Amendment process, not by treaty.

]]> By: isiah http://www.libertynews.org/2006/08/13/treaties-and-the-us-constitution/comment-page-1/#comment-437 isiah Thu, 17 Aug 2006 01:34:12 +0000 http://www.libertynews.org/2006/08/13/treaties-and-the-us-constitution/#comment-437 Well written article. There is a sunny side to this issue through. Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. So at least you would get a trial in american court. in which case you could have a case for grounds of dimissal based on un-constitionality. Based on ammendment 9 and 10. Well written article. There is a sunny side to this issue through.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

So at least you would get a trial in american court. in which case you could have a case for grounds of dimissal based on un-constitionality. Based on ammendment 9 and 10.

]]> By: Below The Beltway » Blog Archive » Carnival Of Liberty LVIII http://www.libertynews.org/2006/08/13/treaties-and-the-us-constitution/comment-page-1/#comment-436 Below The Beltway » Blog Archive » Carnival Of Liberty LVIII Wed, 16 Aug 2006 11:47:37 +0000 http://www.libertynews.org/2006/08/13/treaties-and-the-us-constitution/#comment-436 [...] From Liberty News we have a look at the threat that some international treaties pose to individual liberty. [...] [...] From Liberty News we have a look at the threat that some international treaties pose to individual liberty. [...]

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