To: cripplecreek
From the second paragraph of the letter
President Obama chose to pursue this major international accord as an executive agreement, rather than as a treaty, in order to circumvent the Constitutions requirement of two-thirds approval by the U.S. Senate for enactment. U.S. CONST. Art. II, § 2. However, because the Constitution clearly contemplates that such agreements, fundamentally reordering the relations between the United States and a foreign country, shall be concluded as treaties, the Iran agreement does not constitute the Supreme Law of the Land, U.S. CONST. Art. VI, binding upon the States. Indeed, in Medellin v. Texas, the Supreme Court reaffirmed that even treaties are not binding upon the States unless they are self-executing or are accompanied by implementing legislation enacted by Congress. 552 U.S. 491, 504-06 (2008).
3 posted on
09/06/2015 6:03:37 PM PDT by
cripplecreek
(Pride goes before destruction, and a haughty spirit before a fall.)
To: cripplecreek
Obama uses the Constitution as TP.The GOP acts like it is written in Chinese.
17 posted on
09/06/2015 7:09:22 PM PDT by
shanover
(...To disarm the people is the best and most effectual way to enslave them.-S.Adams)
To: cripplecreek
"Indeed, in Medellin v. Texas, the Supreme Court reaffirmed that even treaties are not binding upon the States unless they are self-executing or are accompanied by implementing legislation enacted by Congress. 552 U.S. 491, 504-06 (2008)." We can thank Ted Cruz for that.
He's also been out in front, urging the states to enact their own sanctions.
18 posted on
09/06/2015 8:21:56 PM PDT by
CatherineofAragon
(("This is a Laztatorship. You don't like it, get a day's rations and get out of this office."))
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson