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  #1  
Old 07-26-2012, 08:53 PM
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Kenny you are right, a treaty cannot supersede the Constitution.
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Old 07-26-2012, 09:04 PM
vintagetoppsguy vintagetoppsguy is offline
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Quote:
Originally Posted by Peter_Spaeth View Post
Kenny you are right, a treaty cannot supersede the Constitution.
My premises was made on Article VI. Section 2 which says, “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land…”

If I’m interpreting it wrong, then my apologies. I don’t want to give out false information.

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Originally Posted by Kenny Cole View Post
Unless the Supreme Court has overruled Reid v. Covert, 354 U.S. 1 (1957), I'm pretty doubtful that treaties supersede the Constitution.
Supreme Court Justices Ginsburg and Breyer have both said that international law should take precedence over US law.

Last edited by vintagetoppsguy; 07-26-2012 at 09:19 PM.
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  #3  
Old 07-26-2012, 09:32 PM
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Quote:
Unless the Supreme Court has overruled Reid v. Covert, 354 U.S. 1 (1957), I'm pretty doubtful that treaties supersede the Constitution.
Duh. Kenny shame on you for pointing out the obvious.
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Old 07-26-2012, 11:44 PM
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Words of wisdom:

http://paul.house.gov/index.php?opti...talk&Itemid=69

Sincerely, Clayton
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  #5  
Old 07-27-2012, 05:42 AM
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David, as I understand it that provision means a treaty takes precedence over the laws of any state -- it's a federalism provision. A law passed by Congress is also the supreme law of the land, but is still subject to the Constitution -- as is a treaty.
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  #6  
Old 07-27-2012, 09:21 AM
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Wow, I did not think that this thread would go in the direction it has gone.

Sorry I even started this thread

Last edited by HOF Auto Rookies; 07-27-2012 at 09:31 AM.
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Old 07-27-2012, 10:16 AM
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Quote:
Originally Posted by HOF Auto Rookies View Post
Wow, I did not think that this thread would go in the direction it has gone.

Sorry I even started this thread
Why? It's a discussion within a discussion thread within a discussion forum: People having intelligent conversation without beating each other to death, which is fairly rare on the internet, and to be commended.

I don't think straying from victim empathy is a bad thing - we all are very aware of how tragic this was.
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