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To: Diogenesis

“”This [Supreme] Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty.” - Reid v. Covert, October 1956, 354 U.S. 1, at pg 17.

The Reid Court (U.S. Supreme Court) held in their Opinion that,

“... No agreement with a foreign nation can confer power on the Congress, or any other branch of government, which is free from the restraints of the Constitution. Article VI, the Supremacy clause of the Constitution declares, “This Constitution and the Laws of the United States which shall be made in pursuance thereof; and all the Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme law of the land...’
“There is nothing in this language which intimates that treaties and laws enacted pursuant to them do not have to comply with the provisions of the Constitution nor is there anything in the debates which accompanied the drafting and ratification which even suggest such a result...

“It would be manifestly contrary to the objectives of those who created the Constitution, as well as those who were responsible for the Bill of Rights – let alone alien to our entire constitutional history and tradition – to construe Article VI as permitting the United States to exercise power UNDER an international agreement, without observing constitutional prohibitions. (See: Elliot’s Debates 1836 ed. – pgs 500-519).

“In effect, such construction would permit amendment of that document in a manner not sanctioned by Article V. The prohibitions of the Constitution were designed to apply to all branches of the National Government and they cannot be nullified by the Executive or by the Executive and Senate combined.”

Source: http://www.sweetliberty.org/issues/staterights/treaties.htm


19 posted on 10/15/2009 6:39:19 PM PDT by Boogieman
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To: Boogieman
This [Supreme] Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty.” - Reid v. Covert, October 1956, 354 U.S. 1, at pg 17.

Not this treasonous SCOTUS.
It cannot recognize: ethics, codes of ethics, Constitution, sworn Oaths, or Honor.


22 posted on 10/15/2009 6:47:38 PM PDT by Diogenesis ("Those who go below the surface do so at their peril" - Oscar Wilde)
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To: Boogieman
>>>“It would be manifestly contrary to the objectives of those who created the Constitution, as well as those who were responsible for the Bill of Rights... <<<

And when was the last time the constraint of following the Constitution was observed by Congress.

Unless we fight for it, the Constitution will continue to be ignored [even laughed at] by the left in this country.

59 posted on 10/16/2009 8:45:45 PM PDT by HardStarboard ("The urge to save humanity is almost always a false front for the urge to rule - Mencken knew Obama)
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