Nor does a treaty override the constitution.
Alexander Hamilton, stated that “A treaty cannot be made which alters the Constitution of the country, or which infringes any express exceptions to the power of the Constitution...” James Madison, a primary author of the Constitution: “I do not conceive that power is given to the President and the Senate to dismember the empire, or to alienate any great, essential right. I do not think the whole legislative authority to have this power.” Finally, Thomas Jefferson’s assessment: “I say the same as to the opinion of those who consider the grant of the treaty-making power as boundless. If it is, then we have no Constitution.”
Treaties do not override the Constitution
In anticipation that our president may sign one or more treaties that conflict with the U.S. Constitution’s limited grant of power, several voices of alarm are contending that a treaty can override, or in effect amend, our Constitution. Although that view has gained some currency, it is a myth that contradicts the intent of those who framed the Constitution and it violates any reasonable interpretation of the constitution.
United States treaties are created when proposed by the President, with the advice and consent of the Senate. The power of the President and the Senate, in their treaty-making capacity, was never intended to be a power greater than the Constitution. Per their oath of office: I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.
Excellent post! Thanks!
exactly!