Its DOA if he tries. Treaties are subordinate to the Constitution and cannot override the protections stated therein. They can only be valid within the confines of the authority granted to our government by the Constitution. Plenty of controlling case law on this already exists including the recent Supreme Court smack down ruling in Medillan v Texas 2008. More here: http://supreme.justia.com/constitution/article-2/19-constitutional-limitations-on-treaty-power.html
More here: http://supreme.justia.com/constitution/article-2/19-constitutional-limitations-on-treaty-power.html
Exactly ...
Constitution trumps all - including treaties.
See District of Columbia v. Heller ...
SCOTUS ruled that DC's handgun ban was unconstitutional ...