Just so I can refresh your memory, The Congress of the United States never ratified the treaty Mexico is claiming we should have followed.
According to their claim that because he wasn’t allowed to contact his consulate, he should have been released and his execution was in violation of that treaty.
The Mexican government is calling for an additional Miranda warning specifically for Mexican citizens in the United States illegally based upon a treaty we never ratified.
Good. However there is also the position that even if the treaty had been ratified and in place, he got sufficient due process to comply with international law and the treaty provisions in any event.
The treaty provisions control on the same level of legal authority as the Constitution which provides, in Article VI, Par. 2, "[t]his Constitution . . . and all treaties made or which shall be made under the authority of the United States shall be the supreme law of the land; and the Judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."
Just so I can refresh your memory, The Congress of the United States never ratified the treaty Mexico is claiming we should have followed.Which treaty are you referring to here?
The treaty that gave Medellín these rights was the Vienna Convention on Consular Relations and it's optional protocol. Both of these were ratified by the United States. The United States withdrew from the optional protocol in 2005. The optional protocol gave the ICJ compulsory jurisdiction over disputes arising under the Convention on Consular Relations.
See Medellín v. Texas for further discussion.
This case was not a good supporting argument for my point. It's what happens when posting late at night based on the memory of news reports.
The point still stands that a treaty cannot override the Constitution as I more clearly documented in post 4734. Citizenship bestowed specifically by the 14th amendment cannot be rescinded by a treaty.
There's no harm in asking the court for clarification. But there are probably better issues to invest in.